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Rebecca Zimmer Donaldson and Jason Smith are running for District Attorney. (Photos courtesy of the candidates)

Prosecutorial District 6 Assistant District Attorney Jason Smith has wound up in an uncomfortable predicament: competing with his new boss for her job.

After a 20-year run as District Attorney of New Hanover and Pender counties, Ben David retired last week. 

Democratic Gov. Roy Cooper picked David’s interim replacement, Rebecca Zimmer Donaldson, an assistant district attorney running for DA on the Democratic ticket. Donaldson will remain in the role through at least the end of the year. Smith, the Republican DA candidate, hopes voters in November will ensure his opponent’s new role in managing a team of about 52 employees is only temporary.

To date, neither has resorted to any mudslinging. But this latest twist certainly makes inner-office politics awkward. 

Smith said he’s disappointed in the governor’s decision but not surprised. “Everybody says that this election should not be a coronation,” he said. “When Gov. Cooper appointed [Donaldson], then it kind of leans towards that.”

Other Republicans also took issue with Cooper’s move. John Hinnant, a candidate running for a spot on the New Hanover County Board of Commissioners, said on X the governor was “playing politics.” The New Hanover County GOP didn’t respond to a request to comment.

“If he wants to be political, he can do the political appointment, which he did,” Smith said. “Or he can say, ‘Hey, let’s do a neutral appointment and appoint somebody who’s not on the ballot … and let the people decide. But he didn’t do that.”

Cooper spokesperson Jordan Monaghan said the governor appointed a highly qualified DA who will soon appear on the ballot. “It is important for public safety to have an accountable leader in the District Attorney’s office at all times,” Monaghan said.

Donaldson’s father, Jeffrey Zimmer, has donated $20,000 to Cooper since 1999, state records show, and has given funds to other Democratic campaigns over the years. 

For her part, Donaldson is honored by Cooper’s pick. “I have dedicated my career to prosecuting criminals, standing up for victims, and ensuring justice is served for all,” she said. “It is an honor and a privilege to continue to do just that in my new role as District Attorney.”

David first announced his intention to retire in November. A registered Democrat and moderate, David said he purposefully planned his exit so voters could pick his replacement. His timing gives the appointee the shortest possible tenure under state law and ensures the race to fulfill the two remaining years on his term will appear on the ballot. But David’s schedule also meant that voters couldn’t pick their partisan nominees in the primary. Instead, party committees put forth their top picks.

Jill Hopman, chair of the New Hanover County Democratic Party, wasn’t pleased with how David’s timing played out. “This was a wonky process from the start and I am so glad we got such a fabulous candidate, regardless of some of the games that were played,” she said.

Despite their partisan differences, David initially signaled his support for his top lieutenant Smith, who declared candidacy months before Donaldson. Last week, David wouldn’t say which of his former employees he supported for the job and declined to comment on anything related to the office while in the midst of election season. Right after retiring, David took on a new gig he dreamed up as DA: shepherding the new Community Justice Center, an endowment-funded program he applied to create.

So far, Donaldson has significantly outraised Smith. Her campaign fund has netted more than $300,000 while Smith’s tops $26,000, per the latest state-reported records. (Smith said he’s actually raised close to $87,000 but doubts he’ll reach Donaldson’s level before November.)

In interviews with WHQR, both candidates gushed over David’s leadership. Donaldson said she hopes her colleagues will see her as the “second-best boss they’ve ever had.” Both said the office could improve on more efficiently clearing dockets and similarly handled questions. But they’re different in at least two areas: party affiliation and tenure.

Donaldson, a Wilmington native, returned home to join David’s office in 2020 after spending five years as an assistant district attorney in Brooklyn. Smith, a veteran, joined David’s team in 2010 after eight years in private practice. In 2014, Smith began running day-to-day operations for David in Pender County. “It was being the mini-DA,” he said. 

Smith said Donaldson’s promotion puts him at some disadvantage but he’s confident in his track record. “If people look at experience, leadership, what each candidate’s done, then obviously, I believe the people will decide that I am the better District Attorney,” he said. 

But Donaldson now has something Smith can’t compete with: on-the-job experience. 

For now, Donaldson said she’s focused on keeping New Hanover and Pender counties safe. “Anything less than that is a distraction from the important work we have to do in preventing and prosecuting crime as well as a disservice to the people of the Cape Fear region,” she said. “I am grateful for the opportunity to serve and I look forward to continuing to work hard on behalf of our community.”

– Johanna F. Still

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Around the Region

Fed Foray: A Biden official visited Wilmington last week and toured federally funded projects, including the Cape Fear Memorial Bridge, WHQR reports. 

Moving the Goalpost: A new state law makes it harder, if not impossible, for Wrightsville Beach residents to force the Board of Alderman to get initiatives on the ballot through petitions, Port City Daily reports. 

Step Up or Down: A group calling for reform of the New Hanover Community Endowment is asking its Chair Bill Cameron to either make changes or resign, WECT reports. 

Partisan Punishment: A teacher asked by the district to share feedback says they’ve been retaliated against for urging the New Hanover County Board of Education to cool down the partisanship, WHQR reports.

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The Assembly is a digital magazine covering power and place in North Carolina. Sent this by a friend? Subscribe to The Wilmington Dive or to our statewide newsletter.

Johanna F. Still is a health care reporter for The Assembly. She previously worked for the Greater Wilmington Business Journal, where she reported on economic development. She is also a photographer, and was the assistant editor of Port City Daily.