Stein set to veto controversial changes to North Carolina court system

H377 would allow the chief justice of the Supreme Court to suspend a trial court judge without pay while the judge is under investigation, if the Judicial Standards Commission recommends it. That is a power no other chief justice in the country has, Stein said.

“Just as the respective leadership in each legislative chamber does not have the power to suspend duly elected legislators, and just as the Governor does not have the power to suspend an elected member of the Council of State, the Chief Justice should not have the power to suspend a trial judge elected by the people,” said Stein in a statement.

The governor said North Carolina’s judges should be able to do their jobs without fear of reprisal from the chief justice.

“The small role the bill reserves for the Judicial Standards Commission is cold comfort, given that the Chief Justice and legislative leadership control nearly all of its appointments,” said Stein.

Sen. Warren Daniel, R-Burke, said in late July that the bill was requested by the North Carolina Administrative Office of the Courts and that there were in fact guidelines to provide due process for a suspended judge.

NC Senate approves judicial oversight measure despite warnings of politicization

House Speaker Destin Hall said the bill was essential to give the Chief Justice power over trial court judges.

“NC has a serious issue with judges releasing VIOLENT FELONS,” Hall, R-Caldwell, wrote  in an August 3rd post on social media. “Actions have consequences, and we’ll be holding these irresponsible judges accountable.”

Senate Democrats argued that the bill would place undue pressure on independent judges to make decisions that they believe the Judicial Standards Commission and the state Supreme Court, both controlled by Republican majorities, would approve of.

Sen. Amy Galey, R-Alamance, said that fear was unfounded and no one was “going to do a witch hunt based on ideology.”

But Stein said in his statement Monday the Republican-controlled legislature has shown its partisan motives.

“For thirteen years, the General Assembly has repeatedly played politics with the judiciary, including taking all four of the nonpartisan State Bar’s appointments to the Judicial Standards Commission for itself,” said Stein. “It needs to stop politicizing our courts.”

Recent changes by the General Assembly include an October 2023 provision tucked in the state budget to raise the mandatory retirement age for appellate judges to extend the tenure of Chief Justice Paul Newby.

In 2024, Senate Bill 382 became law over then-Gov. Cooper’s veto. S382 required the Governor to fill Supreme Court and Court of Appeals vacancies from a list of three names supplied by the departing judge’s party executive committee.

It abolished the North Carolina Courts Commission and gave the Chief Justice the power to designate the senior resident superior court judge in each district, replacing the seniority rule.

Republican lawmakers also used S382 to eliminate two elected superior court judgeships, including one held by the judge who had ruled against the legislature in a challenge to the voter ID constitutional amendment.

In Monday’s statement, Stein said an independent judiciary is critical to protect the rule of law and the rights of all North Carolinians.

The governor is also expected to veto House Bill 958, a sweeping election law bill that shortens early voting in primaries from 17 to 10 days and makes multiple changes to elections from registration to ballot-counting.

The earliest the legislature could consider an override of the governor’s vetoes is August 31, when they are set to reconvene in Raleigh, but House and Senate leaders have previously said they don’t plan to take any more votes until after the November election.