Judicial selection in North Carolina

Judicial selection in North Carolina
North Carolina Supreme Court
Method:	Non-partisan election of judges
Term:	8 years
North Carolina Court of Appeals
Method:	Non-partisan election of judges
Term:	8 years
North Carolina Superior Courts
Method:	Non-partisan election of judges
Term:	8 years
North Carolina District Courts
Method:	Non-partisan election of judges
Term:	4 years

North Carolina judges are elected by the voters of the state in non-partisan elections. North Carolina is one of 13 states that utilizes the non-partisan system of election.

North Carolina is one of seven states in which the Chief Justice is elected by voters.
State Elected by voters Term Alabama Yes Six years Arkansas Yes Eight years Minnesota Yes Six years Montana Yes Eight years North Carolina Yes Eight years Ohio Yes Six years Texas Yes Six years

Supreme Court

Justices of the North Carolina Supreme Court are elected in non-partisan elections to eight year terms. If a vacancy occurs mid-term, the governor appoints a justice to serve. If she or he would like to continue serving, the new justice must run for election to the seat in the next election, as long as its more than sixty days after the appointment.

History

1776 Constitution

Authority to create the body originated with the General Assembly in the 1776 State Constitution. The Supreme Court was officially named and created in 1805, though at that time is was a group of four traveling Superior Court judges that reviewed that court's decision. The court was created in the form we recognize today in November 1818, comprised of a chief justice and two judges. From 1818 until 1868, judges of the Supreme Court were elected by the General Assembly.

1868 Constitution

Following the Civil War, the state adopted a new Constitution and with it substantial changes for the Supreme Court.

• The legitimacy of the court was affirmed, stating that the court existed due to law of the state, as opposed to receiving its authority from the legislature;

• It would be comprised of five justices, not three, with a chief justice and "associate justices";

• Judicial selection was based on partisan elections by the voters, instead of legislative elections; and

• Separate jurisdictions of the court became "action for the enforcement or protection of private rights or the redress of private wrongs".

The 1868 Constitution laid the foundation of the court as it exists today. Only minor changes have been adopted to update the system.

Judicial Campaign Reform Act

In 2002, the Judicial Campaign Reform Act was passed by the General Assembly. With this, the legislature made the the appellate courts (the Supreme Court and Court of Appeals) the last in the state to participate in non-partisan judicial elections. Also, the act allowed for public financing of statewide judicial candidate elections. The public financing program was the first of its kind enacted for judicial races in the nation. Money to support it came from the choice of residents to check a box on their tax return forms, lawyer fees and private donations.

Court of Appeals

Judges of the North Carolina Court of Appeals are elected to eight year terms in non-partisan elections. If a vacancy occurs mid-term, the governor appoints a justice to serve. If she or he would like to continue serving, the new justice must run for election to the seat in the next election, as long as its more than sixty days after the appointment.

History

The Court of Appeals was created in 1967. Non-partisan were established for this level of court at the same time as the Supreme Court, in 2002.

Superior Court

Judges of the North Carolina Superior Courts are elected in non-partisan elections and serve eight year terms. A vacancy on the court is filled via gubernatorial appointment and the interim judge must compete in the next election to stay on the court. The difference between the appellate and Superior Courts is that judges on the latter serve the remainder of the unexpired term, as opposed to a new eight year term. Judges were elected in non-partisan elections at this level starting in 1996.

District Courts

Judges of the North Carolina District Courts serve four year terms and are elected in non-partisan elections. Judges were elected in non-partisan elections at this level starting in 2001.

Qualifications for judgeships

To qualify for a judgeship in North Carolina, an individual must:

• be licensed to practice law in the state
• be under the mandatory retirement age of 72

Reform efforts

Since 1971, in almost every legislative session, some method of change was proposed for the state's process of judicial selection. Most of them have revolved around incorporating the system of merit selection, or Commission-selection, political appointment method of judicial selection.

Before 2011, there were six substantial attempts to alter the state's method of judicial selection.

• 1974: A bill to adopt merit selection made it through two readings in the House of Representatives.
• 1977: A bill to adopt merit selection failed in the House.
• 1989: The Senate passed a bill adopting merit selection for appellate judges. It was not passed in the House.
• 1991: The Senate passed a bill adopting merit selection with confirmation by the legislature. It never got out committee in the House.
• 1995: The Senate passed a bill adopting merit selection with confirmation by the legislature. It did not received 3/5 vote in the House.
• 1999: Same as 1995.

2011

The gains made in state houses by the Republican Party in the 2010 election reverberated across the nation in proposed changes to judicial selection. In the first four months of 2011, 64 measures proposing changes were introduced in statehouses nationwide.

Judicial nomination panel created

In April, Governor Bev Perdue issued Executive Order 86 to create a statewide panel that screens applicants for the state appellate courts and the Superior Courts. Along with legal qualifications, the North Carolina Judicial Nominating Commission must consider diversity, gender, ethnicity and geography of the applicants as well. The statewide panel will select the names of three nominees to forward to the governor, who will appoint one.

North Carolina State Legislative Office Building

Legislative action

2011 has been a busy year for the North Carolina State Legislature. Like many other states with Republican dominated assemblies, legislators in North Carolina made judicial selection a priority. In June, the North Carolina House of Representatives passed a bill (67-51) that would return to the partisan election of judges. Proponents feel party labels provide voters with more insight into a judicial candidate and acknowledge the role political parties play in weeding out less qualified candidates. Opponents to the bill unquestionably disagree with partisan labels for judges.

The bill was not passed by the North Carolina Senate before recess in June, but is expected to be voted on once the body reconvenes in July 2011. It is assumed that the bill will pass in the Senate as well, since it is comprised of a majority Republican base.

Before anything becomes law, it needs to signature of Governor Bev Perdue, who has not commented publicly on the matter. Perdue is a Democrat and has already vetoed voting legislation from the House in June 2011.

Bar Association plan

In an effort to fight the tide toward a return to partisan elections, the North Carolina Bar Association proposed a different plan for altering judicial selection in the state. The unique idea would allow the bar association to nominate two individuals to fill a vacancy and the governor would appoint one of those two. Both nominees would then run in the next election and the winner would take office. The new judge would be subject to retention elections every eight years.

The proposal is unique and has generated conversation in the state. Following a hearing on April 28, the Senate took no further action on the proposed measure. Such a sweeping change would ultimately need to be approved by voters in the form of a constitutional amendment.

See also

• News: Bar Association proposes changes to judicial selection in North Carolina

External links

• Judicial selection in North Carolina
• News & Record "Judicial elections usually puzzle voters" October 1, 2008

References