Protecting People's Rights Through Advocacy

The North Carolina Advocates for Justice is a nonpartisan association of legal professionals dedicated to protecting people's rights through community, education, and advocacy.

North Carolina Advocates for Justice Advocacy Team:

• Abby Hammond, Director of Government Affairs | 919-835-2805
• Mary Lee, Political Affairs Specialist | 919-835-2816
• Philip R. Miller III, NCAJ Legislative Vice President
• Andrew B. Banzhoff, NCAJ Legal Affairs Vice President

Contract Staff:

• Burton Craige, NCAJ Member & Legal Affairs Counsel
• Philip Isley, NCAJ Member & Contract Lobbyist
• Kris Parks, NCAJ Member & Contract Lobbyist

VOTE AGAINST THE CONSTITUTIONAL AMENDMENT ON JUDICIAL VACANCIES:

The North Carolina Advocates for Justice opposes the proposed constitutional amendment on judicial vacancies because it diminishes the right of the people to elect their judges and threatens judicial independence.  In opposing the constitutional amendment, we join all six former chief justices of the North Carolina Supreme Court.

Presently, under Article IV, Section 19 of the North Carolina Constitution, judicial vacancies are filled by gubernatorial appointment until the next election. If the gubernatorial appointee does not deserve to remain in office, the voters have the opportunity to choose someone else at the next election.  

The proposed constitutional amendment shifts the power to fill judicial vacancies from the Governor to the General Assembly. While the amendment purports to create a merit selection commission, the language of the amendment potentially allows the General Assembly to select appointees without any meaningful restrictions on their choices. The independence of the judiciary is compromised when the legislature chooses the judges who will decide the constitutionality of the laws that the legislature enacts.

The amendment provides that the appointee holds office not simply “until the next election,” as in the current constitution, but “until the next election following the election” after the appointment occurs.  Under this election-avoidance provision, if a judge were to resign in December 2018, the person chosen by the legislature to fill that vacancy would first face the voters in November 2022, not 2020.  By automatically adding two years to the appointment, the amendment transfers to the legislature the people’s right to choose their judges. The lengthy description of the amendment that appears on the ballot provides no notice of the election-avoidance provision, failing to inform voters about the impending loss of their constitutional rights.  

To protect judicial independence and to protect their right to elect judges, voters should reject the constitutional amendment on judicial vacancies. 

NCAJ encourages you to share this statement with your friends, family, and network to help defeat this proposed constitutional amendment.  

Public Resources:

Useful Links

NCAJ Member Resources:

Legislative Program
Find out what is going on with the General Assembly and how you can help.  

Legal Affairs
Find out about NCAJ amicus briefs and how a NCAJ moot court can help your case. You will also find information on our advocacy before the NC State Bar Ethics Committee.

Political Action Committee (PAC)
NCAJ members may choose to give to the PAC, and the PAC supports political candidates who are good on our issues. Find out how you can help.

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