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Henry Frye
Henry Frye 2015.jpg
Frye in 2015
Chief Justice of the North Carolina Supreme Court
In office
September 2, 1999 – January 1, 2001
Appointed by Jim Hunt
Preceded by Burley Mitchell
Succeeded by I. Beverly Lake Jr.
Associate Justice of the North Carolina Supreme Court
In office
January 13, 1983 – September 2, 1999
Appointed by Jim Hunt
Preceded by John Phillips Carlton
Succeeded by Franklin Freeman
Member of the North Carolina Senate
from the 19th District
In office
January 1, 1981 – January 1, 1983
Preceded by James Turner
Succeeded by Elton Edwards
Member of the North Carolina House of Representatives
In office
January 1, 1969 – January 1, 1981
Preceded by Skipper Bowles
James G. Exum
Elton Edwards
Daniel Whitley Jr.
Succeeded by Dorothy Rockwell Burnley
Constituency 26th District (1969–1973)
23rd District (1973–1981)
Personal details
Born (1932-08-01) August 1, 1932 (age 92)
Richmond County, North Carolina, U.S.
Spouse Shirley Taylor
Alma mater North Carolina A&T State University
University of North Carolina School of Law
Occupation lawyer
Military service
Allegiance  United States
Branch/service Flag of the United States Air Force United States Air Force
Rank Captain

Henry E. Frye (born August 1, 1932) is an American judge and politician who served as the first African-American chief justice of the North Carolina Supreme Court.

Early life and education

Henry Frye was born August 1, 1932, in Ellerbe, Richmond County, North Carolina. He was 8th of 12 children, born to Walter Atlas and Pearl Motley Frye. His parents were tobacco and cotton farmers. He went to the Ellerbe Colored High School, but by accident he obtained a diploma from Ellerbe High School, the white one. After graduating with honors from North Carolina A&T State University, Frye reached the rank of captain in the United States Air Force, serving in Korea and Japan. Upon returning to North Carolina, Frye was inspired to become a lawyer when he was denied the ability to register to vote by literacy tests. He was the only African American in his law school, but despite this Frye mentions never feeling as if he was treated differently. He graduated from the University of North Carolina School of Law.

Career

Henry E. Frye
Frye c. 1973

Frye became an assistant U.S. Attorney in 1963, one of the first African-Americans to hold such a position in the South. Five years later, when Frye was elected to the North Carolina General Assembly as a state representative in 1968, he was the only black North Carolina legislator, and the first elected in the 20th century. He was sworn in to the North Carolina House of Representatives on January 15, 1969. Frye helped eliminate the vestiges of Jim Crow from North Carolina law. He was re-elected several times to the state House, serving until 1980, and served one term in the state Senate from 1981 to 1982. During this time, he was also an instructor at North Carolina Central University's law school.

In 1983, Governor Jim Hunt appointed Frye to the North Carolina Supreme Court as an associate justice, the first African-American to hold that position in North Carolina history. Frye was asked about his hopes for North Carolina's future, and said:

I would like to see North Carolina live up to is motto, to be rather than to seem. And by that I mean to do a better job of being fair and open in everything, from employment in the state government to encounters in the cities.

Elected in 1984 to the court and re-elected in 1992, Jim Hunt appointed Frye to the state's highest judicial post, chief justice, in 1999 to replace the retiring Burley Mitchell. He was defeated for election to a full term in 2000 by Associate Justice I. Beverly Lake Jr.

Frye's contemporaries noted his meticulous and curious working style: when beginning his political and judicial positions, he methodically studied up on state laws and court briefs, and he had a reputation for asking many probing questions. He enjoyed poetry and often incorporated poems, from others or written by himself, into speeches or tense moments.

Frye switched to private practice in 2001, working with the firm Brooks, Pierce, McLendon, Humphrey & Leonard in Greensboro, North Carolina. His specialties were mediation, commercial arbitration, and appellate advocacy. In 2016, he retired from the same firm.

Awards and honors

In 2006, Frye and his wife Shirley received the Justice Award from the American Judicature Society, their highest honor. The award was granted for their outstanding work to improve the administration of American justice.

In 2007, Frye received the North Carolina Award for public service. He also received the North Carolina Bar Association's highest award, the John J. Parker Award.

In 2009, he became honorary co-chairman of the U.S. Senate campaign of Kenneth Lewis. He was named chairman of the North Carolina Institute of Political Leadership in 2013.

In 2014, the General Alumni Association had awarded Frye with the Distinguished Service Medal.

In 2015 a portrait of him by Victoria Carlin Milstein was dedicated to him in the North Carolina Supreme Court. Jim Hunt, the governor who first appointed Frye, spoke during the ceremony, as well as Fourth Circuit Appeals Court Judge James Wynn Jr., and one of Frye's law partners, Jim Williams. At the ceremony, Frye spoke of making progressive change, saying that the state had come a long way but had much further to go. He said that change only happens when people meet and work towards it, and he hoped "that we all will rededicate ourselves to making our state, and our country, the best that it can be."

In 2016, the North Carolina Bar Association gave him an inaugural Legal Legends of Color Award. He later was chosen to speak for Elreta Alexander-Ralston's posthumous 2021 Legal Legends of Color Award.

In 2017 he was invited to participate at the University of North Carolina School of Law's Constitution Day celebration.

In 2018 a bridge was named in his honor.

He has received honorary doctorates from Shaw University, Livingstone College, Fayetteville State University, and North Carolina A&T.

Family

Frye is married to Shirley Frye, a civil rights and social justice advocate who has won awards for her public service in local news, government, and educational organizations. In the 1970s, she led the integration of Greensboro's two YWCAs.

One of their children, Henry Frye Jr., also became a lawyer and judge. Frye is the granduncle of professional basketball player Channing Frye.

Electoral history

2000

North Carolina Supreme Court Chief Justice election, 2000
Party Candidate Votes %
Republican I. Beverly Lake Jr. 1,453,039 51.36%
Democratic Henry Frye (incumbent) 1,375,820 48.64%
Total votes 2,828,859 100%
Republican gain from Democratic

1984

North Carolina Supreme Court Associate Justice (Frye seat) Democratic primary election, 1984
Party Candidate Votes %
Democratic Henry Frye (incumbent) 427,124 60.08%
Democratic Raymond Taylor 283,784 39.92%
Total votes 710,908 100%
North Carolina Supreme Court Associate Justice (Frye seat) election, 1984
Party Candidate Votes %
Democratic Henry Frye (incumbent) 1,105,152 54.74%
Republican Clarence Boyan 913,733 45.26%
Total votes 2,018,885 100%
Democratic hold
North Carolina House of Representatives
Preceded by
Skipper Bowles
James G. Exum
Elton Edwards
Daniel Whitley Jr.
Member of the North Carolina House of Representatives
from the 26th district

1969–1973
Served alongside: William Marcus Short, Howard Coble, Robert Odell Payne, Charles Phillips, John Lawson Ridenour III, Clifton Tredway Hunt Jr., John McNeill Smith Jr.
Succeeded by
Foyle Robert Hightower Jr.
Preceded by
Norwood Bryan Jr.
Joseph Bryant Raynor Jr.
Lewis Sneed High
Glenn Reginald Jernigan
Member of the North Carolina House of Representatives
from the 23rd district

1973–1981
Served alongside: Thomas Odell Gilmore, Margaret Pollard Keesee, Robert Odell Payne, Charles Edward Webb, Charles Phillips, Thomas Sawyer, Leo Joseph Heer, William Marcus Short, James Franklin Morgan, Mary Powell Seymour, Howard Coble, Ralph Pearson Edwards, Byron Allen Haworth
Succeeded by
Dorothy Rockwell Burnley
North Carolina Senate
Preceded by
James Turner
Member of the North Carolina Senate
from the 19th district

1981–1983
Served alongside: Walter Carl Cockerham, Rachel Gillean Gray
Succeeded by
Elton Edwards
Legal offices
Preceded by
John Phillips Carlton
Associate Justice of the North Carolina Supreme Court
1983–1999
Succeeded by
Franklin Freeman
Preceded by
Burley Mitchell
Chief Justice of the North Carolina Supreme Court
1999–2001
Succeeded by
I. Beverly Lake Jr.

See also

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