John M. Tyson
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John Marsh Tyson (born 14 July 1953) is an American judge, currently a judge on the North Carolina Court of Appeals. He was eliminated in a non-partisan primary for re-election in 2008, in which he came in third behind Sam J. Ervin, IV and Kristin Ruth.[1]
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[edit] Personal Background
Judge John M. Tyson was born in Cumberland County on July 14, 1953, the youngest son of the late Henry McMillian Tyson and Addie Williams Tyson. He married Kirby Thomason Tyson in 1975 and has four children: Jason Marsh Tyson ('78), Caroline Kirby Tyson Cox ('79), John Havens Tyson ('81), and Henry Culbreath Tyson ('83). Tyson has been a life-long member of First Presbyterian Church in Fayetteville, NC, and has served as Chairman of the Board of Deacons. He enjoys hunting, restoring antique automobiles, coin and stamp collecting, and writing.
[edit] Educational Background
Tyson attended the University of Virginia School of Law, in Charlottesville, VA, and earned a Master of Laws in Judicial Process, (LL.M.) degree in May 2004. He attended the New York University School of Law, in New York, NY, for the Appellate Judges' Seminar, during the Summer of 2001. He attended Duke University's Fuqua School of Business, in Durham, North Carolina, and earned his Masters of Business Administration, (M.B.A.) in 1988. He attended Campbell University's Norman Adrian Wiggins School of Law, in Buies Creek, North Carolina, and earned his Juris Doctor, (J.D.) in 1979. He attended Notre Dame Law School - through the London School of Economic & Political Science, in London, England, during their Summer Program, in 1977. He attended University of North Carolina at Wilmington, in Wilmington, North Carolina, and earned his Bachelor of Arts, (B.A.) degree with an English and Secondary Education emphasis, as a member of the Dean's List, in 1974. He graduated from high school at Terry Sanford High School, in Fayetteville, North Carolina, in 1971.
[edit] Professional Background
Since 2001, Tyson has served as a Judge on the North Carolina Court of Appeals. He also currently serves as an Adjunct Professor of Law at the Norman Adrian Wiggins School of Law (Campbell University).
Tyson practiced law in Fayetteville from 1993 until 1996 and from 1996 until his election to the Court, with a brief tenure as the Senior Vice President of Development for Blockbuster Entertainment Group in Ft. Lauderdale, Florida, in 1996.
He worked as a Real Estate Director and Counsel for Revco Drug Stores, Inc., from 1982 to 1993 and in similar capacities for Family Dollar Stores, Inc., from 1980 to 1982.
He served as a North Carolina Probation/Parole Officer for the North Carolina Department of Correction, from 1975 to 1976. He has also been a public school teacher and deputy sheriff in Cumberland County.
Bar Admissions
- North Carolina State Bar, in 1980 (applies to all North Carolina Courts)
- Virginia State Bar, in 1981
- United States Supreme Court Bar, in 1983
- United States Court of Appeals Bar (4th Circuit), in 1980
- United States District Court Bar (for WDNC in 1980) & (for EDNC in 1997)
Professional Organizations
- American Bar Association (1980 to 1992)
- North Carolina Bar Association (1980-present)
- North Carolina Academy of Trial Lawyers (1979-1980)
- North Carolina Association of Women Attorneys (2002 - present)
- Cumberland County Bar Association (1980 - present)
- Wake County Bar Association (2001 - present)
- American Arbitration Association and a member of the Panel of Arbitrators (1991 - present)
- North Carolina Judicial Conference Committee on Compensation and Benefits (2002 - present)
- Certified Mediator by the North Carolina Administrative Office of the Courts and the Dispute Resolution Commission for North Carolina Superior Court Mediations (1992 - present)
- Certified US District Court Mediator (1993 - present)
- Board Certified Specialist in Real Property Law and Business, Commercial, and Industrial Transactions by the NC State Bar Board of Legal Specialization (2001 - present)
[edit] Publications
- "Presumed Guilty Until Proven Innocent: Using Results of Statistical or Econometric Studies as Evidence," which appears in 10 ST. THOMAS L.REV. 387 (Winter, 1998); cited in 5B Wash. Prac., Evidence Law and Practice Sec 702.55 (4th ed.) and was printed in 2005;
- "Drafting, Interpreting, and Enforcing Commercial and Shopping Center Leases," which appeared in 14 CAMPBELL L.REV. 275 (1992), which was cited, quoted with interpretation, and adopted by the North Carolina Court of Appeals, Pleasant Valley Promenade v. Lechmere, Inc., 120 NC App. 650, 464 S.E.2d 47 (1995); cited and quoted by the West Virginia Supreme Court of Appeals: Frederick Business Properties Co. v. Peoples DrugStores, Inc., 445 S.E.2d 176, 191 W.Va. 235 (W.Va. May 20, 1994); and by the Tennessee Court of Appeals: BVT Leb. Shopping Ctr., Ltd. v. Wal-Mart Stores, Inc., 1999 Tenn. App. LEXIS 267, 1999 WL 236273 (Tenn. Ct. App. Apr. 23, 1999); Reviewed by Frona M. Powell in 23 Real Est. L.J. 178 (1994);
- "The Philosophy of Negotiation," which appeared in the Retail Leasing Reporter, in May, 1990.;
- "Mean Consolidated Forecasting: A Process to Improve the Accuracy and Sensitivity of Economic Forecasts," which appeared in MBA Forecasts through Duke University on page 107, in 1989;
- "Statutory Standards of Care for North Carolina Health Care Providers," which appeared in 1 CAMPBELL L.REV. 111 (1979), cited, quoted with interpretation adopted by the North Carolina Supreme Court, Wall v. Stout, 310 NC 184, 311 S.E.2d 571 in 1984 and was reviewed by Justice I. Beverly Lake, Sr. and appeared in the Cambell Law Observer in 1980.
- Panelist at the University of Virginia School of Law Conference on Public Service and the Law and contributed to the aritcle "Judicial Election Campaigns: Free Speech, Public Dollars, and the Role of Judges," which was released on February 12, 2005;
- "A Judge Salutes Another," a letter to the Editor of The Fayetteville Observer, on October 31, 2005, p. 11A.
[edit] Boards and Commissions
Tyson was appointed to the North Carolina Property Tax Commission by the Speaker of the North Carolina House of Representatives, where he served from 1997 to 1999. He was appointed to the Legislative Research Committee on Private Property Rights by the President Pro Tempore of the North Carolina Senate served in 1995. He was a member of the Legislative Research Committee on Impact Fees, Exactions and Dedications by the President Pro-tem of the Senate in 1994. He was elected to the Cumberland County Soil & Water Conservation District, where he served as Vice Chairman & later Chairman of the Board, and served from 1992 to 1996. He was appointed to the Cumberland County Joint Planning and Zoning Board, where he was elected Vice-Chairman and later Chairman of the Board, and served from 1993 to 2001.
[edit] Honors and Awards
In 2006 the University of North Carolina at Wilmington honored Tyson as their Alumnus of the Year. He received the James Iredell Award by the Phi Alpha Delta Fraternity at Campbell University School of Law in 2004. He was commissioned as Kentucky Colonel by the Honorable Governor of Kentucky in 2001. He received the "Distinguished Alumnus Award," from Campbell University in 1991 and the "Campbell University Centennial Alumni," award in 1988.
He received the "Capitol Citation," awarded by the North Carolina Secretary of State, for "significantly improving the economic development of this Great State and especially Cumberland County," in 1996.
[edit] Military Service
He was commissioned as Captain, promoted to Major, Lieutenant Colonel and served as Colonel and Staff Judge Advocate for the North Carolina State Defense Militia, under the command of the Adjutant General of North Carolina from 1987 to 1996, and is currently in inactive reserve. He served as a Colonel and Staff Judge Advocate for the United States Service Command in Division III, (a volunteer non-profit disaster relief organization), from 1999 to 2004.
