Bio

Paul Stam

Business Address:
Stam, Fordham, & Danchi, P.A.
510 W. Williams Street
P.O Box 1600, Apex, NC 27502
Phone: (919) 362-8873
Email: paulstam@bellsouth.net

| Personal | Education & Admissions | Professional | Legal and Civic Affiliations, Articles |
| Public Service | Church | Employment | Municipal Law | Freedom of Speech & Religion |
| Amici Briefs & Appellate Courts | Current Practice | Domestic Relations | Criminal Law |


Personal

Age: Born September 5, 1950 to Paul Stam, Sr. (deceased 1990) and Jane Levring Stam. Sister, Karen Stam ; Brothers, Carl Stam and William Stam.

Family: Married to Dorothy Mills in 1973. Dottie is the Minister of Music of Apex Baptist Church. She is the daughter of William and Dot Mills of Apex. Our children are Nathan and Jana. Nathan is a graduate of NC State and Southeastern Seminary and is Minister of Children at Apex Baptist Church. He and wife Kristi just returned after two years studying Chinese in Sichuan with their two sons, Aidan and Gavin. Jana is a graduate of UNC-Chapel Hill. She and husband Jimmy Estes live in Apex with their son William.

Recreation: Tennis/Swimming/Soccer -- retired from the "Callipygians" of CASL 40+ Division. Previous Teams: Animals, Deceptively Slow, Young Turks, UNC-CH Graduate Club, High School Varsity (All County Fullback 1966)

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Education and Admissions

J.D. from University of North Carolina at Chapel Hill, 1975.. (Received the Am. Jur. Book Award in Criminal Law.) Worked during law school as Research Assistant for the Reporter to the Criminal Law Subcommitee of the Pattern Jury Committee of the Conference of Superior Court Judges 1973 to 1975.

Bachelor of Science with High Honors, School of Criminal Justice from Michigan State University,1972.

Valedictorian and Student Government President, Eastern Christian High School, New Jersey, 1968.

Elementary Schools, Sternberger and Braxton Craven, Greensboro, North Carolina.

Served a Law Enforcement Administration Internship with the Guilford County District Attorney's Office, Summer of 1972.

Research Assistant for Justice James G. Exum, Jr. (later Chief Justice) of the North Carolina Supreme Court from 1975 to 1976.

Admitted to the North Carolina Bar by Chief Justice Susie Sharp, October 14, 1975. Admitted to the Bar of the Federal District Court for the Eastern District of North Carolina on September 2, 1976, the Middle District of North Carolina on January 3, 1979 and the Fourth Circuit Court of Appeals on March 5, 1996.

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Professional

  • General Practice of Law since 1976 with the law firm of Stam, Fordham & Danchi, P.A. (and predecessor firm of Holleman & Stam). General Practice with emphasis on real estate litigation, titles, municipal law, and constitutional litigation. Highest rating (AV) from Martindale-Hubbell.
  • Clerk for Justice (later Chief Justice) James G. Exum, Jr., N.C. Supreme Court, 1975-76.
  • United States Marine Corps 1968-1970, Honorable Discharge with rank of Corporal. Camp Lejeune, N.C.

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Legal and Civic Affiliations, Articles

Affiliations
Articles written on the "Equal Access Act" (Campbell Law Observer), "Search and Seizure at Sea" (Sea Grant 1975), and "Judging the American Constitution" in The Conservative Perspective published by N.C. Policy Council Press, (1988). Numerous essays in "Neighbors" newspaper (1997). "The End of the North Carolina Abortion Fund" 22 Campbell Law Review 119 (1999).

Taught "Family Law" at Campbell University Law School as Adjunct Instructor, 1978. Taught lessons in Comparative Law, Legislative Process and Parliamentary Procedure at the Foreign Trade Institute, Tianjin, China, June 1992 and Xi Ke Da University, Mianyang, China, September 2005. Continuing Legal Education Lectures given on N.C. Abortion Law (1988 & 2005) and Federal Equal Access Act (1991) and "Parliamentary Procedure" (1998 & 2006).

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Public Service

Member, N.C. House of Representatives, 1989-90 and 2003-08.

Prior Committee Assignments:
  • Co-Chair, Committee on Election Law
  • Co-Chair, Criminal Justice Subcommittee of House Select Committee on Domestic Violence
  • Member of Appropriations, Judiciary and Children, Family and Youth, Legislative Research Commission, Mental Health Oversight and Dorothea Dix Property Study
  • Joint Select Committee on Economic Growth, Commerce, Federal Relations and Trade Issues
Received Achievement Award for Outstanding Legislator from N.C. Victims Assistance Network, 1990. Voted Most Effective Freshman Representative in 1989 by N.C. Center for Public Policy Research. Received Certificate of Appreciation from U. S. Department of Justice, for "Outstanding dedication and service on behalf of crime victims" for National Crime Victims Rights Week 1990.
  • Chairman, N.C. Juvenile Law Study Commission, 1989-1992. (Appointed by Gov. James Martin)
  • Co-Chairman, Bill Cobey for Congress, 1984 and 1986 and Bill Cobey for Governer, 2004.
  • Public Member, N.C. House Select Committee on Non-Profits, 1995-1996.
  • North Carolina Chief Justice's Study Commission on Criminal Justice, 2006.
  • Wake County Storm Water Task Force, 2006-2007

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Church

Apex Baptist Church: Bible Study Teacher (4th Grade) , former Chairman at different times of Deacons, Benevolence, Music, Refugee, Planning, and Budget Committees.

Southern Baptist Theological Seminary: Trustee 1988-1998; Exec. Comm. 1991-1997; Chair, Doctoral Studies Comm. 1990-1997; Chair, Carver School of Church Social Work Study Comm. 1995-1996.

Executive Committee of the Southern Baptist Convention: Trustee 2005-2009

Raleigh Baptist Association: Chairman of Constitution Committee 1982-84; Member, Plans & Programs Commission 1982-84; Constitution & By-Laws Committee 1994.

North Carolina Baptist Convention: Appointed by President Greg Mathis as Parliamentarian for the 1996 and 1997 State Conventions, by President Mac Brunson for the 1999, 2000, and 2001 State Conventions, by President Mike Cummings for the 2002 and 2003 State Conventions, by President David Horton for the 2004 and 2005 State Conventions, and by President Stan Welch for the 2006 State Convention.

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Employment

Began practice of law with Carl P. Holleman in Apex, North Carolina, 1976. Admitted as a partner in 1978 under firm name of Holleman & Stam. Other partners have included Karlen Reed, Henry C. Fordham, Jr. and Theodore S. Danchi. Carl P. Holleman died in June, 1992. Dorothy Donaldson joined the firm in 2006. The current firm name is Stam, Fordham & Danchi, P.A. It holds the highest rating (AV) from Martindale Hubbell Law Directory.

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Municipal Law

At the time of Carl Holleman's death in 1992 he had served as Apex Town Attorney for approximately 40 years. For the last 16 of those years I served as his assistant. In 1992 I was appointed Town Attorney and served in that capacity until November of 1995 at which time my partner, Henry C. Fordham, Jr., was named Town Attorney.

Other recent municipal government matters of significance include Pittsboro Christian Village v. Town of Pittsboro, 96 CVS 372 (1996) Chatham County Superior Court, (site plan, tax exemption issues). Smith Chapel Baptist Church v. City of Durham, the Superior Court granted injunctive and monetary relief with respect to Durham's stormwater utility fees. The Supreme Court affirmed 350 NC 805 (August 20, 1999).

In two cases in 1999 I represented citizens who obtained declarations that local acts (disguised as public laws) regulating trade (sale of alcohol) violated the North Carolina Constitution. Frazier v. NC ABC Commission, 99 CVS 9622 (Wake County, December 14, 1999) (The Halifax Act) and Reaves v. NC ABC Commission, 98 CVS 13184 (Wake County, August 31, 1999) (The Lumberton Act).

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Freedom of Speech and Religion

Through most of the 1980s I represented lawful and peaceful protestors in Jacksonville, North Carolina who were sued and/or prosecuted by abortion clinics. No injunction against the protestors was ever granted. No conviction was ever sustained. See Onslow County Crist v. Henderson, 82 CVS 939/Crist v. Royal, 87 CVS 1030 and State v. Shreve, 87 CR 16747, 16748, Onslow County.

I served 1991-1997 as Religious Freedom Task Force Coordinator of the North Carolina Christian Legal Society monitoring religious liberty issues throughout the state. This principally involved compliance with the Equal Access Law upon which I wrote a paper and gave CLE lectures.

I acted as local counsel in North Carolina Right to Life v. Gary Bartlett (State Board of Elections). This involves the confluence of First Amendment and Campaign Finance Issues. On April 30, 1998, the Federal District Court declared several state statutes to be unconstitutional and was mostly upheld by the Fourth Circuit Court of Appeals , 168 F 3rd 705 (4th Cir. 1999). I served as local counsel in Federal District Court involving similar issues: Beaumont v. FEC (123 S SC-1 2200 (2003) ) and North Carolina Right to Life v. Leake (108 F. Supp. 2nd 498 (2000) and 344 F.3d 418 (4th Cir., 2003) and later remanded to district court).

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Amici Briefs to the Appellate Courts

In Delconte v. North Carolina, 313 NC 384, (1985), I was local counsel on an amicus brief of the Rutherford Institute and I coordinated an amicus brief for the Christian Legal Society. The Supreme Court adopted the arguments of these amici and recognized home schooling as lawful education.

In Azzolino v. Dingfelder, 315 NC 103 (1985) I was of counsel on an amicus brief by North Carolina Right to Life Education Fund assisting John Swem. The North Carolina Supreme Court adopted the position of NCRL in rejecting tort claims for wrongful life and wrongful birth.

In Maready v. Winston-Salem, 342 NC 708 (1996) I submitted an amicus brief to the N.C. Supreme Court for the John Locke Foundation, Inc. This case involved the legality of tax dollars for economic incentives under the State Constitution. While the Court upheld the validity of these expenditures the economic case against them remains. The amicus brief has been distributed to dozens of city attorneys, legislators, commerce officials, and others.

In Pulliam v. Smith, 348 NC 616 (1998) I submitted an amicus brief to the N.C. Supreme Court on behalf of the North Carolina Family Policy Council on the question whether the judge deciding custody could consider the conduct of those actively engaging in illegal homosexual conduct in the home. On July 30, 1998, the North Carolina Supreme Court issued an opinion - generally upholding the position of NCFPC.

In Rosie J. v. N.C. Department of Human Resources, 347 NC 247, (Oct. 3, 1997) I submitted an amicus brief on behalf of North Carolina Right to Life in support of the end of abortion funding by the State of North Carolina. The court sustained our position This ended a 19 year effort beginning with Stam v. State, 302 NC 357 (1981) (filed in 1978) in which the North Carolina Supreme Court, while upholding state funded abortions, ended county participation.

In Manning v. Hunt, 119 F.3d 254 (4th Cir. 1997), I submitted an amicus brief with my partner, Mr. Danchi, as attorney for North Carolina Right to Life in support of North Carolina's Parental Consent law. The Fourth Circuit sustained the position of the amicus and of the State throughout.

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Current Practice

In recent years much of my law practice has focused on real estate finance/litigation. While much of this is transactional, not readily subject to citation, a few interesting matters are noted. In Sebrell v. Carter, 105 NC App 322 (1992) I acted as attorney for record title holders in an adverse possession action and prevailed. 167 acres in Chatham County were involved.

I am an approved attorney for Fidelity National Title Company, Investors Title Company, Lawyers Title, The Title Company of North Carolina, Security Union Title Insurance Company, Chicago Title and Ticor Title and Commonwealth Land Title Company and many others. I have closed more than 3,500 real estate transactions.

A unique feature of our practice has involved numerous constructive trusts/or deed/will contests involving real estate including Markham v. Coggins, 81-CVS-304, Chatham County; Mills v. Mills, 81-CVS-4264, Wake County; Mills v. Wagner, 81-CVS-6187, Wake County; Crittenden v. Cox, 92-CVS-13032, Wake County; Marsh v. Hobby_, 90-CVS-3398, Wake County; Whitman v. Forbes, 55 NC App. 706 (1982); Black v. Becky Davis, 87-CVS-10448 ; Goodwin v. Rouse, 94-CVS-696, Chatham County; Strother v. Gaster, 82-CVS-307, Chatham County, Pearson v. Pearson, 76-CVS-1717, Wake County; United Estates of America, Inc. v. Epps, 97-SP-50 (Wake County) (no undue influence or fraud on a deed); In Re: Will of Sugg, 98-SP-20 (Wake County) undue influence and breach of fiduciary relationship concerning will and contract to make a will.

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Domestic Relations

I taught family law at Campbell University on an adjunct basis in 1978. As guardian of an incompetent I have litigated support and custody matters. In Price v. Price, 42 NC App. 66 (1979) the Court established the position that an adjudged incompetent can, nevertheless, be awarded custody of minor child. I have served as guardian or power of attorney for several elderly or disabled persons.

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Criminal Law

I have not regularly practiced in the criminal courts since the mid-1980s. Prior to that time I served as appointed counsel in several dozen criminal matters. I maintain my interest in that field. My undergraduate degree is in criminal justice. My law school work (including research for criminal Pattern Jury Instructions) was concentrated in that field. As a Clerk to a Justice of the State Supreme Court in 1975-1976 a part of my work included reading transcripts of death penalty cases.

In 2003 and 2004 I served as the co-chair of the Criminal Issues Subcommittee of the House Select Committee on Domestic Violence.

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