Page 21 - WEST FOP BlueNote Nov-Dec 2017 Issue NEW FINAL

“Reform” Our Courts… Cont’d from P. 19 North Carolina Democrats live, the new districts pack ur-

against blacks “with almost surgical precision.” ban voters together while carving out separate suburban
and rural districts favorable to Republicans.

What has happened in the last few years is on an en- North Carolina’s Senate is not expected to take up ju-

tirely different level than anything done before. Much of dicial redistricting until January 2018, and the Senate’s

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

amendment sends the wrong message to the judiciary Constitution be approved by voters, and a vote on this
that if judges will not rule the GOP’s way, lawmakers constitutional amendment could come as early as May

will retaliate. But for me, it is not a surprise. 2018. On an interesting note, during the back-and-forth

Cooper has been battling the legislature since he was over the week of the 16th following the veto and the in-

sworn in the first of the year and State courts have troduction of the Senate bill a spokeswoman for Berger
blocked some of the laws Republicans passed to take pointed out that Governor Cooper, as a State Senator 22
away his powers. The State Senate’s powerful leader, years ago, had voted in favor of an appointment system
Phil Berger, a frequent nemesis of the Governor’s, had for judges – at a time when Democrats controlled the
said in a statement about the bill reducing the number of Senate and the Executive Mansion. Then Court of Ap-
Court of Appeals judges that the smaller appeals court peals Judge Bob Orr also held a similar view in those
would be efficient and thwart the governor’s “partisan days.
court-packing scheme.” It is pretty clear this legislature So, are two-year terms going to be a reality? Or is

does not like the courts and in many instances does not Senator Rabon’s bill just a threat to gain an advantage in

like the judges on the courts. It wants a change. any negotiations over the judicial redistricting bill. Only

Maps for new districts for the State courts were re- time will tell, but there is no question the Republicans

cently approved by the House on a party-line vote. Dur- have the will, and the votes, to pass it.
ing debate, Democrats said 65 percent of African-Amer-
ican judges would be “double-bunked,” or placed in dis-

tricts facing another incumbent, which would reduce ju-

dicial diversity. In counties with big cities, where most

Kevin Tully v. The City of Wilmington

By Terry Mangum – Legal Aid Chairman

October 10, 2017 will go down in history as a mile- to government lies by their employers. So the FOP filed an
stone in the history of North Carolina law enforcement. It was
the day that our Supreme Court heard Kevin Tully v. The City amicus curiae brief urging that the Court of Appeals decision
of Wilmington and the day that the City of Wilmington ad-
vanced a legal argument suggesting that Wilmington is free to be affirmed. Because of the high stakes of this case, numerous
lie to its police officers by promising employment benefits and
then just reneging 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. 25

www.ncfop.org 21