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Judicial Selection In North Carolina
The General Court of Justice in North Carolina consists of an Appellate Division, a Superior Court Division and a District Court Division. The Supreme Court and the Court of Appeals comprise the Appellate Division. As provided by Article IV, Section 16 of the North Carolina Constitution, judges in all divisions of the General Court of Justice are elected by the qualified voters of North Carolina. Once elected, judges of the Appellate and Superior Court Divisions serve eight-year terms, and judges of the District Court Division serve four-year terms.
As of 2002, all judicial elections in North Carolina are non-partisan, with mid-term vacancies being filled by gubernatorial appointment. Prior to 1996, all judges were selected by partisan elections. In 1996, the General Assembly established non-partisan elections for Superior Court judges, effective in 1998. Five years later, in 2001, the General Assembly passed a bill calling for non-partisan elections for District Court judges.
The most recent reform affecting judicial selection in North Carolina took place during the 2002 legislative session with the passage of the Judicial Campaign Reform Act. The Act established non-partisan elections for the Appellate Division, and offered candidates who adhere to strict fundraising and spending limits the option of using public financing during their campaigns, making North Carolina the first state to adopt full public financing of appellate judicial elections. There are two sources for funding the Public Campaign Elections Fund: a $50 contribution from attorneys when they renew their privilege licenses each year and a $3 state income tax check-off. The Act also lowered the contribution limits for appellate judicial campaigns to $1,000 ($2,000 for immediate family members).
Even though judicial elections in North Carolina are non-partisan, there are still several permissible forms of political conduct in which judicial candidates may engage. According to Canon 7 of North Carolina’s Code of Judicial Conduct, judicial candidates may identify themselves as members of a political party and make financial contributions to a political party or organization, as well as attend and speak at political party events.
North Carolina is one of 21 states that still uses elections to select members of the judicial branch; eight states use partisan elections, and 13 states use non-partisan elections. Other states employ a merit- or appointive-based selection method, and some states combine these methods with retention elections. Out of concern for the principle of judicial independence, the North Carolina Bar Association has long advocated for the establishment of an appointive system for selecting judges in North Carolina. The Board of Governors of the North Carolina Bar Association recently adopted a resolution that outlines a strategic plan to pursue positive changes in judicial selection methods in North Carolina. The Judicial Independence Committee of the North Carolina Bar Association is currently working toward achieving the goals set out in the resolution.
For more information on judicial selection in North Carolina and other states, please see the following links:
American Judicature Society
http://www.ajs.org/selection/index.asp
The Brennan Center for Justice
http://www.brennancenter.org/programs/programs_dem_fc.html
Justice At Stake Campaign
http://www.justiceatstake.org/
North Carolina Center for Voter Education
http://www.ncvotered.com/index.php?fileID=0206033e42b05fe30ee
NC Judges. Org
http://www.ncjudges.org/citizens/education/about_jcra/bill_info.php
The Reform Institute
http://reforminstitute.org/cgi-data/issues/files/2.shtml
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