North Carolina

In his first news conference, new Republican Governor Pat McCrory rescinded the executive order enacted by his predecessor, Democratic Governor Bev Perdue, creating a judicial nominating commission for filling midterm vacancies on the state’s courts.

In the final days of North Carolina Governor Bev Perdue's term, she will be filling the supreme court vacancy created by the unanticipated retirement of Justice Patricia Timmons-Goodson. Given the short time frame in which the appointment must be made, the governor has decided to forego use of the judicial nominating commission and make a direct appointment. As a necessary step, she entered Executive Order 137, “temporarily modifying” the selection process for all vacancies that may arise before she leaves office. We understand the time constraints but lament her decision.

Several groups have filed a motion requesting that Justice Paul Newby recuse himself from hearing their challenge to the legislature’s redistricting plan because of the campaign support he received from individuals and groups with a direct stake in the outcome of the litigation.

In the sole supreme court race, a super PAC formed by Republican activists is supporting the challenger. Thirty-nine primarily Democratic lawyers and judges around the state decried the influx of outside money into judicial elections.

There is speculation that the GOP will return the state to partisan judicial elections if Republicans win control of the legislative and executive branches in November. The legislature made appellate court elections nonpartisan in 2004, but all eight appellate court candidates have clear partisan affiliations.

All eight candidates for the state’s appellate courts qualified for public financing, with supreme court candidates receiving $240,100 each and court of appeals candidates receiving $164,400. At least two outside groups are raising and spending funds in support of the Republican supreme court candidate.

With North Carolina's election day looming near, The Charlotte Observer has featured two contrasting opinion pieces, each advocating for the appointment or election of North Carolina judges.

Based on Colorado’s Know Your Judge PSA, the North Carolina Bar Association has released a its own PSA that urges voters to take the initiative to become informed about their judicial candidates before they vote and not to skip the judicial portion of the ballot.

A federal judge struck down an aspect of the public financing program for appellate judges that provides rescue funds to judicial candidates who are outspent by privately funded candidates. The U.S. Supreme Court rejected a similar provision in Arizona’s public financing program in 2011, on the grounds that it infringed upon freedom of speech.

In the sole supreme court race this fall, both the incumbent and the challenger have qualified for public financing, but a super PAC known as N.C. Judicial Coalition has formed to support the incumbent. The election will determine whether the 4-3 balance on the court will tilt in favor of conservative or liberal justices.