RALEIGH, N.C. — Gov. Josh Stein has vetoed House Bill 377, striking down legislation that would have granted the Chief Justice of the North Carolina Supreme Court unprecedented authority to suspend trial judges without pay.
The vetoed measure aimed to alter judicial disciplinary procedures by permitting the Chief Justice to strip elected district and superior court judges of their duties and compensation during ongoing investigations. In his veto statement, Stein argued the legislation undermines the democratic process and threatens the independence of the state’s judiciary.
“This bill would have a chilling effect on judicial independence by giving the Chief Justice authority to suspend trial judges without pay, a power no other Chief Justice in the country has,” Stein said. “North Carolina voters elect the vast majority of our judges in our state, and removing judges from their posts should first and foremost be determined by the people”.
Stein likened the proposed authority to legislative leadership or the executive branch attempting to unilaterally suspend other elected state officials.
“Just as the respective leadership in each legislative chamber does not have the power to suspend duly elected legislators, and just as the Governor does not have the power to suspend an elected member of the Council of State, the Chief Justice should not have the power to suspend a trial judge elected by the people,” Stein stated. “Judges should be able to do their jobs without fear that the Chief Justice may deprive them of their livelihood”.
The governor also raised concerns over the structure of oversight bodies, criticizing recent legislative changes to the appointment process for the Judicial Standards Commission.
“The small role the bill reserves for the Judicial Standards Commission is cold comfort, given that the Chief Justice and legislative leadership control nearly all of its appointments,” Stein added. “For thirteen years, the General Assembly has repeatedly played politics with the judiciary, including taking all four of the nonpartisan State Bar’s appointments to the Judicial Standards Commission for itself. It needs to stop politicizing our courts. An independent judiciary is critical to protecting the rule of law and the rights of all North Carolinians”.
The veto returns the legislation to the General Assembly.
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