North Carolina governor vetoes bill allowing judges to be suspended without pay

If passed into law, the measure would give the state Supreme Court’s chief justice the authority to suspend elected trial judges.RALEIGH, N.C. (CN) — North Carolina Governor Josh Stein vetoed a bill altering judicial investigations Monday, saying it will impede judicial independence and embolden the state’s Supreme Court chief justice.The measure would allow the state Supreme Court to publicly reprimand, suspend, censure or remove trial court judges, without first securing the recommendation of the state’s Judicial Standards Commission.The state Supreme Court’s current political makeup is 5-2, with Republicans holding a controlling majority. The change in the law would allow the suspension to be without pay if the Judicial Standards Commission finds an immediate risk of injury or damage to the public or the “administration of justice” if the judge remains in office until the investigation is over. If cleared, the judge would receive back pay, unless the state Supreme Court orders them removed or suspended.Once the Judicial Standards Commission finalizes its investigation, a judge who objects to being recommended for public reprimand, censure, suspension or removal can appeal to the state Supreme Court, where a majority may uphold the commission’s decision or impose whatever discipline it decides.The bill passed the state’s General Assembly in early August, where the Republican caucus holds a veto-proof majority in the state Senate and is short one seat of a veto-proof majority in the state House. An unaffiliated representative supported the measure when it passed the House in August — despite all present Democrats voting against it — which would give the GOP the votes it needs to override the Democratic governor’s veto. The General Assembly isn’t anticipated to return to hold voting sessions until after the November election.The General Assembly needs “to stop politicizing our courts,” Stein said in his veto message, accusing the legislative branch of “playing politics” with the 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.”“The chief justice should not have the power to suspend a trial judge elected by the people,” he added. “Judges should be able to do their jobs without fear that the chief justice may deprive them of their livelihood. 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.”Judges affected include superior and district court judges, along with retired judges recalled for service. In North Carolina, all judges win their seats through elections, and the governor fills midterm vacancies.Stein also vetoed an elections bill that would reduce the number of early voting days during primaries, special elections and primary runoff elections from 17 days to 10. The bill has faced pushback from Democrats as it grants Republican state Auditor Dave Boliek the ability to audit county election boards.In 2024, Republican leadership gave Boliek the power to fill seats on the state board of elections and county boards, stripping it from Stein shortly after he won his race for governor.Boliek has faced criticism after local reporting that his elections liaison, Dallas Woodhouse, encouraged counties to cut Sunday voting, eliminate an on-campus polling site for November and advised the county elections board on what the state Republican Party wanted. Woodhouse — who has since resigned — was reported as texting a county elections chair “don’t let them have a vote” before the board met on plans to move a polling location.As the bill has progressed through the chambers, Democrats have criticized the decision to grant Boliek the ability to audit elections he already oversees, while Republicans emphasize the goal is to strengthen election administration.“House Bill 958 continues practical election reforms so we all can have greater confidence that every lawful vote in North Carolina is counted fairly and accurately,” House Election Law Chair Hugh Blackwell, a Republican, said after Stein’s veto.The measure passed through the General Assembly along party lines, and Stein’s veto will return it to be considered again in November.Stein — who has challenged Boliek’s oversight of the elections boards in court — filed suit in 2025 after the General Assembly restricted the governor’s ability to fill vacancies in the state Supreme Court and Court of Appeals, now requiring him to choose candidates from a list of recommendations supplied by the party of the departing judge. The case is currently pending before the state Supreme Court, but Stein has thus far failed to claw back full appointment ability.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads