Page 19 - EAST FOP BlueNote Nov-Dec 2017 Issue NEW FINAL

“Reform” Our Courts… tricts facing another incumbent, which would reduce ju-
Cont’d from P. 17 dicial diversity. In counties with big cities, where most

against blacks “with almost surgical precision.” North Carolina Democrats live, the new districts pack ur-
ban voters together while carving out separate suburban

What has happened in the last few years is on an en- and rural districts favorable to Republicans.

tirely different level than anything done before. Much of North Carolina’s Senate is not expected to take up ju-

it seems to be designed to manipulate the election pro- dicial redistricting until January 2018, and the Senate’s

cess. It is so unprecedented, even one highly regarded leader, President Pro Tem Berger, has signaled he favors
Republican jurist, retired Supreme Court Justice and for- a different system – ending judicial elections altogether
mer candidate for Governor Bob Orr, has spoken out, and giving the General Assembly the power to appoint
calling Senate Bill 698 “just wrong.” He says the judges. Such a system, which Republicans call “merit

amendment sends the wrong message to the judiciary selection,” would also require an amendment to the State
that if judges will not rule the GOP’s way, lawmakers Constitution be approved by voters, and a vote on this

will retaliate. But for me, it is not a surprise. constitutional amendment could come as early as May

Cooper has been battling the legislature since he was 2018. On an interesting note, during the back-and-forth
sworn in the first of the year and State courts have over the week of the 16th following the veto and the in-
blocked some of the laws Republicans passed to take troduction of the Senate bill a spokeswoman for Berger
away his powers. The State Senate’s powerful leader, pointed out that Governor Cooper, as a State Senator 22
Phil Berger, a frequent nemesis of the Governor’s, had years ago, had voted in favor of an appointment system

said in a statement about the bill reducing the number of for judges – at a time when Democrats controlled the

Court of Appeals judges that the smaller appeals court Senate and the Executive Mansion. Then Court of Ap-
would be efficient and thwart the governor’s “partisan peals Judge Bob Orr also held a similar view in those
court-packing scheme.” It is pretty clear this legislature days.

does not like the courts and in many instances does not So, are two-year terms going to be a reality? Or is

like the judges on the courts. It wants a change. Senator Rabon’s bill just a threat to gain an advantage in

Maps for new districts for the State courts were re- any negotiations over the judicial redistricting bill. Only
cently approved by the House on a party-line vote. Dur- time will tell, but there is no question the Republicans
ing debate, Democrats said 65 percent of African-Amer- have the will, and the votes, to pass it.
ican judges would be “double-bunked,” or placed in dis-

Kevin Tully v. The City of Wilmington

By Terry Mangum – Legal Aid Chairman

October 10, 2017 will go down in history as a milestone in the to government lies by their employers. So the FOP filed an
history of North Carolina law enforcement. It was the day that
our Supreme Court heard Kevin Tully v. The City of Wilming- amicus curiae brief urging that the Court of Appeals decision
ton and the day that the City of Wilmington advanced a legal
argument suggesting that Wilmington is free to lie to its police be affirmed. Because of the high stakes of this case, numerous
officers by promising employment benefits and then just re-
neging on their promises. FOP representatives also attended the argument of this case in

Our Court of Appeals has already shot down Wil- the Supreme Court.
mington’s extreme and outrageous position. Officer Tully pre-
vailed there with a strong decision repudiating Wilmington’s Tully v. Wilmington is a case about government lies,
behavior. Wilmington appealed to the Supreme Court and
asked the Court to drive a stake through the heart of the entire misrepresentations, bureaucratic arbitrariness, and an abuse of
North Carolina police community by asking the Supreme
Court to rule that police employers are free to lie to its own government power whereby Wilmington willfully reneged on
officers. its direct promises to Corporal Tully to provide him “equal

The FOP weighed in heavily in this landmark case promotional opportunities to all members of the Police Depart-
because we believe strongly in the legal principles at stake. ment based on a candidate’s merit, skills, knowledge and abil-
The FOP believes that police officers should not be subjected ities…” Wilmington Police Department Policy Manual, Di-
rective 4.11. Wilmington’s expressly stated personnel policy
also represented to Corporal Tully that “[c]andidates [for pro-
motion] “may appeal any portion of the selection process….”

Policy F.1. Wilmington then flatly denied Tully that right.

A long time FOP member, Sergeant Kevin Tully is a

Continued on P. 21

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