John M. Tyson
Encyclopedia
John Marsh Tyson is an American judge, who currently serves as a Recall Judge on the North Carolina Court of Appeals, after completing an eight-year statewide elected term, and as an Emergency Superior Court Judge. At Tyson & Associates, he practiced landlord-tenant, land use, and real property law, civil litigation and criminal defense. Judge Tyson is a Board Certified Specialist by the North Carolina State Bar Board of Legal Specialization for real property law, business, commercial, and industrial transactions, the only North Carolina judge so certified. His more than thirty years of professional experience includes the private practice of law, senior level corporate real estate development and counsel positions, and more than twenty five years as a Professor of Law and author.
Judge Tyson is a member of the North Carolina and Virginia State Bars and a certified mediator and arbitrator. He is a past member of the North Carolina Property Tax Commission and past elected chairman of the Cumberland County Joint Planning Board and the Cumberland Soil and Water Conservation District. Judge Tyson earned his B.A. from the University of North Carolina– Wilmington, his J.D., cum laude, from Campbell University School of Law, where he also serves as an adjunct professor of law since 1987, his M.B.A. from Duke University, and his LL.M. in Judicial Process from the University of Virginia, School of Law. Judge Tyson is a frequent CLE presenter and author, and holds an AV-Pre-eminent peer reviewed rating from Martindale Hubbell.
on July 14, 1953.
, in Charlottesville, Virginia, 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, 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.
. His term began in January 2001.
He currently serves as a recall judge on the North Carolina Court of Appeals, and is 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
Professional Organizations
, 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.
, 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.
Judge Tyson is a member of the North Carolina and Virginia State Bars and a certified mediator and arbitrator. He is a past member of the North Carolina Property Tax Commission and past elected chairman of the Cumberland County Joint Planning Board and the Cumberland Soil and Water Conservation District. Judge Tyson earned his B.A. from the University of North Carolina– Wilmington, his J.D., cum laude, from Campbell University School of Law, where he also serves as an adjunct professor of law since 1987, his M.B.A. from Duke University, and his LL.M. in Judicial Process from the University of Virginia, School of Law. Judge Tyson is a frequent CLE presenter and author, and holds an AV-Pre-eminent peer reviewed rating from Martindale Hubbell.
Personal Background
Judge John M. Tyson was born in Cumberland County, North CarolinaCumberland County, North Carolina
-Demographics:As of the census of 2000, there were 302,963 people, 107,358 households, and 77,619 families residing in the county. The population density was 464 people per square mile . There were 118,425 housing units at an average density of 181 per square mile...
on July 14, 1953.
Educational Background
Tyson attended the University of Virginia School of LawUniversity of Virginia School of Law
The University of Virginia School of Law was founded in Charlottesville in 1819 by Thomas Jefferson as one of the original subjects taught at his "academical village," the University of Virginia. The law school maintains an enrollment of approximately 1,100 students in its initial degree program...
, in Charlottesville, Virginia, and earned a Master of Laws in Judicial Process, (LL.M.) degree in May 2004. He attended the New York University School of Law
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
, in New York, for the Appellate Judges' Seminar, during the Summer of 2001. He attended Duke University's Fuqua School of Business
Fuqua School of Business
The Fuqua School of Business is the business school of Duke University in Durham, North Carolina, United States. It currently enrolls 1,340 students in degree-seeking programs...
, in Durham, North Carolina, and earned his Masters of Business Administration, (M.B.A.) in 1988.
He attended Campbell University
Campbell University
Campbell University is a coeducational, church-related university in rural North Carolina, USA. Its main campus is located in the community of Buies Creek; its law school moved from Buies Creek to a new campus in the state capital of Raleigh in 2009. Campbell has an approximately equal number of...
's Norman Adrian Wiggins School of Law
Norman Adrian Wiggins School of Law
The Norman Adrian Wiggins School of Law is a private law school located in Raleigh, North Carolina. Founded in 1976, the law school is one of six graduate programs offered by Campbell University...
, in Buies Creek, North Carolina, and earned his Juris Doctor, (J.D.) in 1979. He attended Notre Dame Law School
Notre Dame Law School
The Notre Dame Law School, or NDLS, is the professional graduate law program of its parent institution, the University of Notre Dame. Established in 1869, NDLS is the oldest Roman Catholic law school in the United States. NDLS is ranked 22nd among the nation's "Top 100 Law Schools" by U.S. News &...
- 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
University of North Carolina at Wilmington
The University of North Carolina at Wilmington, sometimes referred to as UNC Wilmington, is a public, co-educational university located in Wilmington, North Carolina...
, 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
Terry Sanford High School
Terry Sanford High School is a public high school in Fayetteville, North Carolina, United States. It is named after Terry Sanford, who was a North Carolina state senator, Governor of North Carolina and a United States Senator...
, in Fayetteville, North Carolina, in 1971.
Professional Background
In 2000, Tyson was elected to the North Carolina Court of AppealsNorth Carolina Court of Appeals
The North Carolina Court of Appeals is the only intermediate appellate court in the state of North Carolina. It is composed of fifteen members who sit in rotating groups of three...
. His term began in January 2001.
He currently serves as a recall judge on the North Carolina Court of Appeals, and is an Adjunct Professor of Law at the Norman Adrian Wiggins School of Law (Campbell University)
Norman Adrian Wiggins School of Law
The Norman Adrian Wiggins School of Law is a private law school located in Raleigh, North Carolina. Founded in 1976, the law school is one of six graduate programs offered by 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.
Revco
Revco Discount Drug Stores , once based in Twinsburg, Ohio, was a major drug store chain operating through the Ohio Valley, the Mid-Atlantic states, and the Southeastern United States. The chain's stock was traded on the New York Stock Exchange under the ticker RXR...
, from 1982 to 1993 and in similar capacities for Family Dollar Stores, Inc.
Family Dollar
Family Dollar is a regional chain of variety stores in the United States. It opened in 1959 and operates approximately 6,617 stores in 44 states and the District of Columbia. It is headquartered in Matthews, North Carolina....
, from 1980 to 1982.
He served as a North Carolina Probation/Parole Officer for the North Carolina Department of Correction
North Carolina Department of Correction
The North Carolina Department of Correction is the agency responsible for corrections in the U.S. state of North Carolina.-History:In 1868, North Carolina adopted a new State Constitution that provided for building a state penitentiary. Inmates began building the state's first prison, Central...
, from 1975 to 1976. He has also been a public school teacher and deputy sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
in Cumberland County.
Bar Admissions
- North Carolina State Bar, in 1980 (applies to all North Carolina Courts)
- Virginia State BarVirginia State BarCreated in 1938, The Virginia State Bar is the administrative agency of the Supreme Court of Virginia whose purpose is to regulate, improve and advance the legal profession in Virginia. The Bar was established by an act of the Virginia General Assembly and is delegated the power to issue...
, in 1981 - United States Supreme Court Bar, in 1983
- United States Court of AppealsUnited States court of appealsThe United States courts of appeals are the intermediate appellate courts of the United States federal court system...
Bar (4th Circuit), in 1980 - United States District CourtUnited States district courtThe United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
Bar (for WDNC in 1980) & (for EDNC in 1997)
Professional Organizations
- Certified Arbitrator, Financial Industry Regulatory Authority, (FINRA), 2009-present.
- Certified Appellate Mediator, North Carolina Court of Appeals, 2003–present.
- Certified United States District Court Mediator (E.D.N.C.), 1993–present;
- Certified as Mediator by the North Carolina Administrative Office of the Courts and the Dispute Resolution Commission for North Carolina Superior Court Mediation, 1992–present;
- American Arbitration Association, member of Panel of Arbitrators, 1991–present;
- North Carolina Bar Association, 1980–present;
-
- Committees:
- Law School Liaison Committee, 2006–present;
- Bench Bar Liaison Committee, 2011-present
- Vice President, Board of Governors, 2007–2008;
- Family Law Section Council, 2007–2008;
- Women in the Profession Committee, 2004–2005;
- Minorities in the Profession Committee, 2004–2005;
- Membership Committee, 2003–2004;
- Technology Advisory Committee, 2001–2003;
- Development Committee, 1994–1996.
- Cumberland County Bar Association, 1980–present;
- North Carolina Association of Women Attorneys, 2002–2008;
- Wake County Bar Association, 2001–2008;
- American Bar Association, 1980–1992;
- North Carolina Academy of Trial Lawyers, 1979–1980.
- Committees:
Publications
Getting Paid, Avoiding Conflicts, and Supervising Staff: Fee Arrangements, Multi-party Representation, and Delegation of Duties, The North Carolina State Bar Journal, 16 No. 2 (Summer, 2011).- Automatic Stays and Administrative Expenses: Rights and Remedies Available to Landlords and Tenants in Bankruptcy Law. 31 CAMPBELL L. REV. 413 (Spring, 2009).
- AShort History of the American Bar Association’s Code of Ethics and Model Rules of Professional Responsibility: 1908-2008, 1 CHARLOTTE L. REV 9 (Fall, 2008).
- The Attorney’s Ethical Duties to Supervise Law Office Staff, The North Carolina State Bar Journal, 13 No. 1 (Spring, 2008).
- 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 AppealsTennessee Court of AppealsThe Tennessee Court of Appeals was created in 1925 by the Tennessee General Assembly as an intermediate appellate court to hear appeals in civil cases from the Tennessee state trial courts....
: 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 UniversityDuke UniversityDuke University is a private research university located in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present day town of Trinity in 1838, the school moved to Durham in 1892. In 1924, tobacco industrialist James B...
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 LawUniversity of Virginia School of LawThe University of Virginia School of Law was founded in Charlottesville in 1819 by Thomas Jefferson as one of the original subjects taught at his "academical village," the University of Virginia. The law school maintains an enrollment of approximately 1,100 students in its initial degree program...
Conference on Public Service and the Law and contributed to the article "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.
Boards and Commissions
Tyson was appointed to the North Carolina Judicial Conference Committee on Compensation and Benefits by the Chief Justice of North Carolina (2002–2008). He was appointed to the North Carolina Property Tax Commission by the Speaker of the North Carolina House of RepresentativesSpeaker of the North Carolina House of Representatives
The Speaker of the North Carolina House of Representatives is the presiding officer of one of the houses of the North Carolina General Assembly. The Speaker is elected by the members of the house when they convene for their regular session in January of each odd-numbered year...
, 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
President Pro Tempore of the North Carolina Senate
The President Pro Tempore of the North Carolina Senate is the highest-ranking officer of one house of the North Carolina General Assembly. The President of the Senate is the Lieutenant Governor of North Carolina, but the President Pro-Tem actually holds most of the power and presides in the...
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.
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 MilitiaNorth Carolina State Defense Militia
The North Carolina State Defense Militia was reactivated by North Carolina Governor James G. Martin in February 1988.As a State Defense Force the NCSDM was distinct from the North Carolina National Guard in that they could not become a federal entity...
, under the command of the Adjutant General
Adjutant general
An Adjutant General is a military chief administrative officer.-Imperial Russia:In Imperial Russia, the General-Adjutant was a Court officer, who was usually an army general. He served as a personal aide to the Tsar and hence was a member of the H. I. M. Retinue...
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.