James w. Kilbourne, Jr.

PARTNER

James is recognized locally and statewide for his leadership in the legal profession.  James was President of the Buncombe Bar in 2018-19, President of the Western District Federal Bar in 2016-2017, and Chair of the NCBA Appellate Practice Section in 2021-22.  He is serving on the North Carolina Appellate Rules Committee for the ninth consecutive term.  He also served as the chair of the North Carolina Bar Association Convention Planning Advisory Committee for the 2018 (Wilmington) and 2019 (Biltmore) Conventions.  

James is a litigation attorney with twenty-five years of experience, in all aspects of civil litigation, including depositions, hearings, mediations, arbitrations, jury trials, and appeals.  He leads the firm’s practice in complex litigation, creditors rights in bankruptcy, copyright/ trademark litigation, appeals, and Indian Law.  He has significant trial experience in State, Federal and Tribal courts.  James is also a certified mediator.

James worked with the Eastern Band of Cherokee Indians for 7 years earlier in his career and likely tried more cases in the Cherokee Court than any other attorney.  On issues of tribal jurisdiction, he has spoken nationally for the Federal Bar, American Bar Association, National Criminal Justice Association, Executive Office of U.S. Attorneys, and Department of Justice: Office of Victims of Crime.  On Native American legal issues, his work has been highlighted in the Wall Street Journal, Los Angeles Times, Indian Country Today, Congressional Record, and a number of law reviews.

CERTIFICATIONS:

• Board Certified Specialist - Appellate Practice, Federal Criminal Law

Awards:

• Centennial Award, Buncombe County Bar, 2023

• AV® Preeminent Rated since 2014

• Legal Elite, Business North Carolina, Appellate, 2022

• Super Lawyers, Construction Litigation, 2018, 2019, 2020, 2021, 2022, 2023

Professional Associations and Memberships:

• North Carolina State Bar 

• Buncombe (28th Judicial District) Bar

  • President, 2018-2019

  • President Elect, 2017-2018

  • Vice President, 2016-2017

  • Executive Committee, 2013-2020

  • Chair, Communications, Committee, 2015-2016

• Wake County Bar, 1998-2001, 2023-present

• North Carolina Appellate Rules Committee, 2015-present

  • Chair, En Banc Subcommittee, 2017-present

  • Co-chair, MAPS Subcommittee, 2016-2017

• North Carolina Bar Association

  • Nominations Committee, 2017-2019

  • Appellate Practice Section Council, 2014-present

    • Chair, 2022-2023

    • Vice-Chair, 2021-2022

    • Treasurer, 2020-2021

    • Secretary, 2019- 2020

    • Legislative/Ethics Committee

      • Chair, 2014-2020

      • Co-Chair, 2023-present

  • Convention Planning Advisory Committee, 2013-2019

    • Committee Chair, 2017-2019

  • Technology Advisory Committee, 2005-2011, 2013-2014

• Federal Bar Association, Western District NC Chapter

  • President, 2016-2017

  • Vice President, 2014-2016

  • Secretary, 2013-2014

  • Leadership Council, 2012-2013

  • Indian Law Section, 2002-present

• Cherokee Bar Association (Charter Member)

• North Carolina Advocates for Justice

• Supreme Court Project, Native American Rights Fund

• Chair, Lake Logan Architectural Review Committee, 2013-present

• Clerk to the Vestry, St. Mary’s Church [Episcopal], Asheville, North Carolina 2005-2007

• Delegate, Annual Convention, Diocese of Western North Carolina, Episcopal Church, 2007

• Member, Board of Directors, Lyric Opera of Asheville, 2008-2011

• Charter Member, Wellness Coalition, Cherokee, North Carolina

• Executive Committee, Wofford Alumni Admissions Council

• Match Secretary, Asheville Empire Lacrosse Club, 2013-2015

• Order of the Golden Fleece, University of North Carolina

Quotes and Citations in National Publications:

• Reason, “The Volokh Conspiracy: Is Ownership of Guns Itself Evidence of Drug Dealing?,” Column by Eugue Volokh, March 17, 2022 (online version)

• Arizona Journal of Environmental Law and Policy, “The Shifting Landscape of Ancestral Lands: Tribal Gathering of Traditional Plants in National Parks,” Article by Andrew Schrack, Fall 2018, Page 1.

• University of Florida Journal of Law and Public Policy, “Allotment of Justice: How U.S. Policy in Indian Country Perpetuates the Victimization of American Indians,” Note by Elise Helgesen, December 2011, Page 443.

• University of Illinois Law Review, “Unguarded Indians: The Complete Failure of the Post-Oliphant Guardian and the Dual-Edged Nature of Parens Patriae,” Article by Gavin Clarkson and David DeKorte, 2010, Page 1120-21.

• Wall Street Journal, “On U.S. Indian Reservations, Criminals Slip Through the Cracks,” Article by Gary Fields, June 16, 2007, Page A1

• ABA Journal Now, “Laws Create Tribal Justice Gap,” Article by Debra Cassen Weiss, June 18, 2007 (online version)

• Congressional Record, “H.R. 3093: Commerce, Justice, Science and Related Agencies Appropriations Act, 2008: Proceedings of the United States House of Representatives,” Remarks of Representative Jay Enslee [Washington], July 26, 2007, Page H8640

• Los Angeles Times, “Reservations Beyond the Law,” Editorial by Gavin Clarkson, August 3, 2007, Page A14

• Indian Country Today, “Justice Declined,” Editorial by Gavin Clarkson, August 24, 2007, Page B10

• Congressional Record, “H.R. 3093: Departments of Commerce, Justice, Science and Related Agencies Appropriations Act, 2008: Proceedings of the United States Senate,” Remarks of Senator John Thune [South Dakota], October 15, 2007, Section 20, Page S12854

• Wofford College, “Terrier Celebrity: James Kilbourne, ’93,” Article by Lisa Ware for Wofford Alumni Association, October 2007 (online version)

• Denver Post, “Justice: Inaction’s Fatal Price,” Article in the Series “Lawless Lands” by Michael Riley, November 12, 2007, Page A1

• University of Michigan Journal of Law Reform, “Tribal Jurisdiction and Domestic Violence: The Need for Non-Indian Accountability on the Reservation,” Note by Amy Radon, Summer 2004, Page 1275.