North Carolina State House Democrats held a press conference announcing constitutional amendments they have filed during the short session that tackle ethics and power balances of the judicial system.
“The judicial branch of government is supposed to act as a final defense of the Constitution. But North Carolina’s judicial system is facing a loss of independence, impartiality, and public confidence,“ stated North Carolina Democrats in a media advisory regarding the constitutional amendments.
Pointing to previous rulings from the state’s highest court that have violated the constitution, infringed on voters’ rights, and been politically motivated, the lawmakers insist that new guardrails are needed and want to put the following amendments in front of the voters.
Filed by Representative Deb Butler of New Hanover County, this amendment would let voters decide whether to enshrine specific recusal standards for judges in the North Carolina Constitution.
“This bill is not directed at any one justice, any one case, any one political party. It is about establishing clear constitutional standards that will apply equally to every current and future member of the North Carolina Supreme Court,” said Butler.
The amendment would call for judges to recuse themselves if they have “a financial interest in the subject matter in controversy or in the party to a proceeding,” or if a spouse or family member is involved. This could affect Justice Phil Berger Jr., a Republican, who has repeatedly declined to recuse himself in cases involving his father Phil Berger, who leads the Senate as Senate president pro tempore.
Filed by Representative Phil Rubin of Wake County, the amendment would give voters the chance to have a say on the separation of powers between the legislature and other branches of government. It would prohibit the legislature from transferring executive powers away from the governor in the days immediately following an election, as Republican lawmakers did once Democratic Governor Josh Stein won his election in 2024. It also calls for improved public notice and transparency in the legislative process conducted at the general assembly.
“We’ve watched a really troubling and calculated pattern emerge in Raleigh,” Rubin stated. “Time and again, you see legislative majorities using lame-duck sessions and midnight votes to rewrite bills that bypass public involvement and seize authority that voters had just explicitly assigned to the executive branch.”
Filed by Representative Marcia Morey of Durham, this amendment would give voters a say in reshaping the Judicial Standards Commission, the body that is in charge of investigating complaints against judges. Currently, the governor has two appointments to the body, and the rest of the positions are filled by the Republican-led General Assembly and Republican Chief Justice Paul Newby.
Morey’s amendment would give equal appointment power to the governor, state bar and chief justice, in an attempt to “de-weaponize the body.” The body had previously come under fire for investigating one of the few Democratic Justices on the state Supreme Court, Justice Anita Earls, after she expressed her opinion on diversity in the judicial system. They later dropped the investigation after she sued.
Brooks Fuller, Policy Director of Common Cause North Carolina, commended the lawmakers for filing these amendments and their efforts to bring back balance to North Carolina’s branches of government.
“We applaud these lawmakers for introducing these important amendments to strengthen judicial ethical standards and safeguard checks and balances. These reforms are critically needed to protect public confidence in the fairness of our courts and in our broader government,” Fuller said.
These amendments are not likely to be heard in the Republican-controlled legislature, the same fate as many Democratic bills. However, Rubin is calling on his Republican counterparts to examine the bills and give them a chance to be heard, suggesting they “look at this with open eyes and open arms”.
Interested in speaking up for fair courts?
You can take action today by emailing your House Member and telling them you support the recently introduced House Bill B1234, House Bill 1235, and House Bill 1236.
You can also add your voice by signing Common Cause NC’s petition calling for passage of these important amendments on judicial ethics, separation of powers, and transparency in the legislative process.
