Judicial Watch: Independence Maintained

North Carolina voters soundly rejected a proposed state constitutional amendment that would have given the state legislature effective control over the appointment of judges to fill unexpired court terms.

Under the current system of checks and balances among the three branches of state government, no single branch (executive, legislative, judicial) is designed to overpower the others. The legislature makes state law, but the courts can determine that a law passed by the legislature is inconsistent with the state or federal constitution. The governor influences the judiciary by appointing judges to fill unexpired terms when a judge leaves office early.

The amendment failed, with 67% opposed and only 33% in favor.

NCLCV advocated against the “intentionally vague, deceptive, and misleading” constitutional amendments, including this one. The two defeated amendments would have further concentrated state power over environmental policy in the hands of a few dangerous legislative leaders.

The outcome of this month’s statewide election for appellate court seats also reinforced the independence of the state courts, as candidates not favored by the legislative leadership swept the Supreme Court seat and all three Court of Appeals seats on the ballot. In the future, our rights to vote and to enjoy clean air, clean water, and clean energy will be fought in court battles more than ever, especially if anti-environment forces remain in control of the General Assembly. Fair, independent courts are a crucial bulwark against pro-polluter power grabs.

Up next, Governor Retains Authority >>

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