Lawyer Bio : Burley B. Mitchell, Jr.
Burley B. Mitchell, Jr.
Justice Mitchell retired as the Chief Justice of the North Carolina Supreme Court to head Womble Carlyle’s appellate advocacy and government relations groups. As a judge, he authored 484 appellate decisions for the Supreme Court of North Carolina and the North Carolina Court of Appeals. For more than 30 years, Justice Mitchell has served both as an advocate and judge in handling landmark cases in North Carolina and elsewhere in the United States. He has been involved in a wide range of cases as diverse as appearing as amicus for the State of North Carolina in establishing that the United States Constitution does not include a right to public education to successfully establishing the constitutionality of a statutory cap on punitive damages in 2004.
Justice Mitchell has repeatedly been voted one of the best commercial litigation, appellate law lawyers and “bet-the-company” litigation lawyers in North Carolina as published in Woodward White, Inc. Best Lawyers in AmericaÔ. In 2007, Justice Mitchell received the prestigious North Carolina Award for Public Service, the highest civilian honor the state can bestow, and the North Carolina State University Alumni Association’s College Meritorious Service Award. Justice Mitchell was also awarded the North Carolina Bar Association’s Liberty Bell Award in 2011, in recognition of outstanding community service that has strengthened the American system of Freedom Law. Click here to read an article on the honor, “Liberty Bell Recipient Burley Mitchell Reflects on Extraordinary Career,” as published in the North Carolina Bar Association’s North Carolina Lawyer.
Counsel in: San Antonio Independent School District v. Rodriguez, 411 U.S.1; 93 S. Ct. 1278; 1973 U.S. Lexis 91; 36 L. Ed. 2d 16 (1973) (establishing that U.S. Constitution does not include a right to public education) (counsel for the State of North Carolina, amicus curiae); Rhyne v. K-Mart Corp., 358 N.C. 160, 594 S.E. 2d 1 (2004) (constitutionality of statutory cap on punitive damages); Howerton v. Arai Helmet, LTD, 358 N.C. 440, 597 S.E. 2d 674 (2004) (established test for admissibility of expert testimony in NC); Harrison v. Wal-Mart Stores, Inc., 613 S.E.2d 322, N.C.App., Jun 07, 2005 (affirming denial of class certification in an action by past and present employees); Blinson v. State, 186 N.C.App. 328, 651 S.E.2d 268 (2007) ( upholding the constitutionality of economic development incentives granted to Dell, Inc. for establishing a manufacturing facility in N.C.).
Author of 484 appellate decisions for the Supreme Court of North Carolina and the North Carolina Court of Appeals. These include landmark Supreme Court decisions in: Leandro v. State, 346 N.C. 336, 488 S.E.2d 249 (1997) (state constitutional right to public education); Gwathmey v. State, 342 N.C. 287, 464 S.E.2d 674 (1995) (public access to navigable waters under public trust doctrine); Moss v. JC Bradford & Co., 337 N.C. 315, 446 S.E.2d 799 (1994) (issue of liability of commodities merchant for liquidating plaintiff’s under-margined account without prior demand or notice); In re Guess, 327 N.C. 46, 393 S.E.2d 833 (1990) (homeopathic medicine, regulation under the police power); Hall v. Post, 323 N.C. 259, 372 S.E.2d 711 (1988) (tort of invasion of privacy by public disclosure of truthful but embarrassing facts); Crow v. Citicorp Acceptance Co., 319 N.C. 274, 354 S.E.2d 459 (1987) (establishing prerequisites for class actions in North Carolina); Speck v. North Carolina Dairy Foundation, 311 N.C. 679, 319 S.E.2d 139 (1984) (whether plaintiff acquired interest in secret process he discovered while employed as professor and researcher by defendants); Renwick v. News & Observer, 310 N.C. 312, S.E.2d 405 (1983) (false light invasion of privacy tort).
Bar Associations: American Bar Association; North Carolina Bar Association, Vice President, 1986-1987; ABA Presidential Task Force on Corporate Responsibility, 2002; Board of Governors, University of North Carolina, 1999-present; Board of Trustees, North Carolina State University, 2005-2009; Board of Directors, North State Bank, 2005-present; President, North Carolina State University Alumni Association, 2004-2006; Chair, North Carolina Progress Board, 1999-2004; Chair, National Conference of Chief Justices’ Committee on Professionalism, 1996-1999; North Carolina Court’s Commission, 1983-1990; North Carolina News Media-Administration of Justice Council, 1976-1986; Who’s Who in America, 1982-present; Best Lawyers in America, 2004-present.
Admitted to the bar 1969, North Carolina. Admitted to practice before the Supreme Court of the United States; U.S. Court of Appeals for the Fourth Circuit; U.S. Court of Appeals for the Third Circuit; and the U.S. District Courts for the Middle, Eastern and Western Districts of North Carolina.
N.C. State Bar Board Certified Specialist in Appellate Practice.
AV rated, Martindale-Hubbell.
B.A., 1966, North Carolina State University; J.D., 1969, University of North Carolina School of Law; Doctor of Humane Letters (Honorary), 1995, North Carolina State University; Doctor of Laws (Honorary), 1998, Campbell University; Doctor of Humane Letters , William Peace University, 2012 (honorary).
Prior Legal Experience
Chief Justice of the Supreme Court of North Carolina, 1995-1999; Associate Justice of the Supreme Court of North Carolina, 1982-1994; North Carolina Secretary of Crime Control and Public Safety (Governor’s Cabinet), 1979-1982; Judge, Court of Appeals of North Carolina, 1977-1979; District Attorney of the Tenth Judicial District of North Carolina, Raleigh, 1972-1977; Assistant Attorney General of North Carolina, 1969-1972.
U.S. Navy, First and Seventh (Asia) Fleets.
- Womble Carlyle’s Burley Mitchell Honored as NC Education Legend
- 134 Womble Carlyle Attorneys Ranked Among The Best Lawyers in America 2013
- Justice Burley Mitchell, Jim Cooney Representing Duke Energy in High-Profile Legal Battle
- Charlotte School of Law to Honor Justice Burley Mitchell
- Justice Burley Mitchell Honored for Public Education Advocacy
- Womble Carlyle Attorneys Write Amicus Brief in N.C. Supreme Court Product Liability Case
- Womble Carlyle’s Burley Mitchell & Bob Numbers File Friend-of-the-Court Brief in Online Ticket Sales Case
- Womble Carlyle’s Burley Mitchell to Give Commencement Address at Peace College
- Womble Carlyle Honors 10 Attorneys for Professional, Civic Service
- Twenty-Five Womble Carlyle Attorneys Named 2012 “Lawyers of the Year” By Best Lawyers
- 125 Womble Carlyle Attorneys Ranked Among The Best Lawyers in America 2012
- Womble Carlyle Raleigh, RTP Attorneys, Practices Make Chambers USA 2011 Rankings
- 38 Womble Carlyle Attorneys Named to 2011 Chambers USA Rankings
- Justice Burley Mitchell Appointed to N.C. Highway Patrol Review Panel
- Chambers USA honors 33 Womble Carlyle attorneys as “Leaders in their Field”
- Womble Carlyle's Jack Cozort Named to N.C. State Board of Trustees
- N.C. Supreme Court Upholds Victory for Dell in Incentives Case
- Womble Carlyle Leads the Way in Economic Development in North Carolina
- North Carolina Court of Appeals Decision Upholds Dell Incentives
- Ninety-Eight Womble Carlyle Attorneys Named Among The Best Lawyers In America
- Womble Carlyle Honored By N.C. Supreme Court Historical Society
- Womble Carlyle, NCBA Partner to Support Camp Challenge
- Womble Carlyle Receives Award for Supporting Employees in Military Reserves, National Guard