Judicial Selection And Retention In North
Carolina
Position: NCCBI firmly
supports continued changes in the way we select and retain judges in
North Carolina so that purely political challenges to sitting judges
will not be permitted.
Explanation:
North Carolina has good reason to be
proud of its civil justice environment, including a stable judiciary
composed of learned, impartial, independent, and career-minded judges.
This is due to the fact that, even though our Constitution provides
for popular election of judges, and they all stand for reelection
periodically, almost all of them were initially appointed by our
governors, and, until recently, were frequently reelected.
This situation has changed.
The rise of the two party system has made elections contested and more
competitive. Special interests at both ends of the political spectrum
have contributed heavily to candidates in judicial elections. In one
hotly contested election in 1994, plaintiffs' attorneys gave hundreds
of thousands of dollars to someone of no judicial experience to unseat
a sitting Supreme Court justice because of his perceived conservative
views. Although the plaintiffs' lawyers' candidate was eventually
defeated, in all more than three-quarters of a million dollars were
spent by three candidates for this one seat on the Court.
Elections by popular vote are
for those who want to put in place certain governmental policies so
they can attract a constituency. This is not the case for judges who,
except in a very limited sense, do not establish policy. Judges decide
cases. They consider cases which are properly before them and brought
by aggrieved parties. For the most part, they decide them on the basis
of legal Constitutional principles, statutes, common law, and
precedents. Judues must often make decisions which are NOT popular.
The judiciary is answerable
to the people because the people can change the Constitution, and
legislatures can change the common law and the statutes. Also, North
Carolina judges are susceptible to administrative removal from office
by action of the Judicial Standards Commission and the Supreme Court
for questions of performance or ethics. Other officeholders are not
accountable in this way.
NCCBI applauds the
legislature for its first move in this direction: the approval of
non-partisan elections of Superior Court judges who will run and be
elected only in their own districts. We are also encouraged by the
increased use of alternative dispute resolution, and urge its
expansion. Finally, the legislature should carefully weigh the
recommendations of the Commission on the Future of Justice and the
Courts for further meaningful reform.
If you have comments on any of the NCCBI positions
or other issues,
please
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Session Limits
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Four Year Terms For
Legislators
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Annexation
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N.C. Budget Reform
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