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

Legislature Out To Really “Reform” Our Courts

By Jeff Gray – Legislative Agent

If you believe the gossip – or “spin” – the Republican tive David Lewis told WUNC radio that the thought be-

majority in the legislature have found a cure for their hind such a constitutional amendment “would be if
steady string of court losses challenging bills they have you’re going to act like a legislator perhaps you should
passed affecting everything from the powers of the Gov- run like one.” (North Carolina’s legislators run every

ernor to their own legislative districts composition. two years.)

Already, judges in State courts this year must iden- North Carolina’s evolution – or “revolution” –

tify their party affiliation on ballots, making North Car- comes in the context of longstanding but increasing po-

olina the first state in nearly a century to adopt partisan liticization of federal courts. Senator Mitch McConnell,

court elections. And just last year the General Assembly the U.S. Senate majority leader, blocked President
reduced the size of the state Court of Appeals thereby Barack Obama’s appointment of Merrick B. Garland to
depriving Democrat Governor Roy Cooper of naming re- the U.S. Supreme Court for 10 months until Obama’s

placements for retiring Republicans. Then, in a surprise term expired. In the end, President Donald Trump ap-

move this past Summer lawmakers drew new boundaries pointed Neil M. Gorsuch to the Court instead. The same

for judicial districts statewide, which critics say are week that the veto and Senate Bill 698 occurred in North

meant to increase the number of Republican judges on Carolina, the U.S. Senate Judiciary Committee approved
district and superior courts and would force many Afri- President Trump’s nomination for a federal court judge-

can-Americans on the bench into runoffs against other ship in the Eastern District of North Carolina which re-

incumbents. mained vacant for 12 years while Democrats were in

Now, they are proposing to make all judges and jus- power.

tices run on a two-year cycle. This politicization has clearly trickled down to state

Governor Cooper and the Democrats have com- courts. Nearly $20 million was spent by outside groups

plained mightily, especially after this latest proposal on TV ads in State Supreme Court races last year, often
came on the heels of the veto override vote on October attacking justices’ decisions, according to the Brennan

16th of a bill that eliminates judicial primary elections, Center for Justice. In North Carolina, $2.8 million in ads

something Cooper called part of an effort to “rig the sys- flooded the Supreme Court race two years ago in which

tem.” Democrat Jimmy Ervin unseated a Republican incum-

Republicans say their goal is to correct years' long bent, shifting the Court’s ideological balance. Republi-

imbalances from shifts in population, ignored while can lawmakers shortly after required our Supreme Court

Democrats held power, and to give voters more infor- candidates – who had run without party labels – to appear

mation about little-known judges in down-ballot races. on a partisan ballot. They later extended the requirement
“This is about making good policy,” Representative Jus- to lower courts. In so doing we are the first state since

tin Burr, who unveiled the proposed new judicial maps 1921 moving toward partisan elections for judges.

in a series of Twitter messages one Sunday in June. His Since Republicans ended more than a century of

Tweets were reported in the Raleigh News & Observer. Democrat rule in 2010 by capturing both houses of the

The day of the veto override on the judicial primary General Assembly, they have justified their sometimes
changes bill, Senator Bill Rabon introduced Senate Bill hardball tactics as being no different from Democrats’

698 which would place on the next election ballot a ref- ways in the past. After Cooper’s narrow victory, the

erendum to end the term of every judge in North Carolina General Assembly rammed through laws to strip him of
– district, superior, Court of Appeals and Supreme Court crucial powers. But longtime observers of North Caro-
– effective December 31, 2018 then require that all lina government say Republicans’ actions are without re-

judges run for re-election every two-years. If passed, our cent precedent. And court rulings seem to affirm their

State would be the only state in the nation with two-year point. The U.S. Supreme Court said this year the legis-

judicial terms. (Currently, district court judges serve lature created illegal racial gerrymanders in drawing

four-year terms and all others eight.) election maps in 2011. The Supreme Court also sus-

While many Republican legislators and others have tained a lower-court ruling that North Carolina’s 2013

denied that such bill is in retaliation, or an attempt at voter ID law was unconstitutional and discriminated

packing the courts with fellow Republicans, Representa- Continued on P.21

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