The Pursuit of Truth

Bain, a white man with white hair, wears a white shirt and black jacket.By W. Bain Jones Jr.

The pursuit of truth is the cornerstone of law. At North Carolina’s inception and when the present Constitution was enacted in the 1800s, this guiding precedent was in the forefront of our leaders’ actions. It is reflected in the Declaration of Rights where it is stated:

Sec. 18.  Court shall be open.

All courts shall be open; every person for an injury done him in his lands, goods, person, or reputation shall have remedy by due course of law; and right and justice shall be administered without favor, denial, or delay.

Sec. 19. Law of the land; equal protection of the laws.

No person shall be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land. No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin.

The North Carolina Constitution further states that the citizen’s rights and those of the government are to be for the common good. North Carolina Constitution, Declaration of Rights, Article 2.

What does this mean in 2022? How does this manifest itself in North Carolina Administrative Law and our pursuit of truth?

As practitioners, we look to this guidepost to evaluate and implement Administrative Law. The truth is what results from the analytical and committed legal process. We work to do due diligence in the investigation and development of each case, policy or procedure. In hearing or trial, we discipline our minds and actions to advance the truth through insightful documentation and testimony. In our written and oral communication, we remember that the common good includes individuals of all races, genders, religions, cultural backgrounds and education levels. We seek to develop and implement laws that are understandable, just and are in the interests of the common good.

In our world, these crucial efforts are challenged by narratives that are floating about. These fictions are filled with untruths, intentional efforts to cause fear and division, eroding the sure foundation of our state and national governments. Efforts to educate our citizens by talking to our neighbors, friends, colleagues and when possible, our leaders and judges are challenged by these harmful, negative narratives. Why do we continue to push for the pursuit of truth in the face of these challenges?

We push because in the truth there is amazing freedom. We do it because we are committed to the hope of a better, more perfect union. We do it for the joy of seeing another person understand Administrative Law and that this law is to provide necessary guidance, responsible criteria for skills and professions, and the equal opportunity for all citizens to raise their concerns and grievances in a forum where they will be fairly heard and adjudicated.

In the daily challenge of the pursuit of truth, we have hope as our predecessors did that this is an act of human grace. Keep on keeping on with the courage that through your individual efforts in a multitude of circumstances, all will know Administrative Law attorneys pursue and honor the truth.