North Carolina’s courts belong to the people, not the powerful.
State courts protect our rights under the North Carolina Constitution. These judges decide when the state violates the right to vote or get an abortion, for example. They’re also responsible for imposing jail sentences, issuing eviction orders, and reviewing decisions involving workers’ compensation for the injured. State courts hear more than 95% of the cases in the state, while federal courts handle the rest.
These judges have the final say on state law. And voters have the final say on who gets to wield this tremendous power. Judges are elected in North Carolina, at all levels of the judiciary.
Voters elect judges to both trial courts and appellate courts, which review the trial courts’ decisions. Trials for misdemeanors and “small claims,” which are lawsuits for less than $10,000, are held in District Court. And Superior Courts hear felony criminal cases, lawsuits for more money, and cases challenging a state law as unconstitutional. These local judges, who are chosen in partisan elections, will often have the final say on who wins the case.
But some cases are appealed to the N.C. Court of Appeals, which has the power to overturn the trial court’s decisions. The Court of Appeals’ decisions can be affirmed or overturned by the North Carolina Supreme Court. All the appellate judges are elected in statewide partisan races.
The State’s Highest Court
The N.C. Supreme Court’s decisions under state law are final. That means the justices have the final say on the vast majority of cases in the state. Decisions by the justices in Raleigh can’t even be appealed to the U.S. Supreme Court, unless there’s a federal law involved.
There were times, not that long ago, when the N.C. Supreme Court used its power to strike down state laws that violated constitutional rights. The justices gave voters and workers a fair shot at justice. The court also protected the separation of powers and kept the legislature from taking over elections.
But this year, the court’s new Republican majority has backtracked on decisions that protected the right to vote, get an adequate education, and have an unbiased jury. The justices even legalized gerrymandering and gave a green light to lawmakers to draw unfair, biased election districts. The court’s new majority, which is composed of former prosecutors and corporate lawyers, are moving us backward and restricting our rights under the state constitution.
That’s why we, the people, must take back our courts. Unlike the U.S. Supreme Court, which is also undermining our rights, the voters decide who sits on North Carolina’s highest court.
Why Do We Elect Judges?
The state adopted judicial elections in 1868, when people who were formerly enslaved helped draft a new state constitution. The drafters of the 1868 constitution ended the antebellum system that gave legislators the power to choose judges. (Republicans and the North Carolina legislature have, for the past 10 years, sought more control over choosing judges. The recently enacted budget allows them to choose 10 Superior Court judges, who can then be chosen to rule on the constitutionality of state laws.)
For 150 years, voters have chosen judges in our state, but in every election, tens of thousands of North Carolina voters leave that part of their ballots blank. And this can make all the difference. Former Chief Justice Cheri Beasley lost her seat by just 401 votes in 2021, and her successor’s administration is taking a wrecking ball to judicial ethics and targeting the only Black justice, Anita Earls, with a politicized investigation.
And the high court won’t be the only one on the ballot. You can choose judges on the Court of Appeals and local judges. These local judges usually have the final say on whether a person gets evicted, how long someone goes to prison, and whether a corporation can be held liable for ripping off their workers.
How You Can Help
You can act now to help ensure that good judges reach the bench. During election season, you can learn about candidates and talk to your friends or neighbors about them. Voters can interact with candidates and even help recruit good lawyers who have fought for people’s rights to run for the bench. You can demand that Gov. Roy Cooper appoint judges who will fight for our rights, when he gets the chance to fill vacant seats.
We have the opportunity, in 2024 and 2026, to defend two progressive seats on the N.C. Supreme Court. We need judges who will fight for the victims of voter suppression, corporate pollution, and injustice in the criminal legal system. We need judges who will not tolerate the North Carolina legislature’s attacks on voting rights.
And these candidates will need our help. Special interests are going to spend millions of dollars on attacks next year. Lawmakers could even manipulate the ballots, like they did when Justice Earls won her seat in 2018. But it’s the voters who will determine whether progressive values are represented on the bench.
There are many other things that citizens can do to help ensure that courts are treating everyone fairly. People can get involved in local court watching programs. Court watchers help expose bad judges and identify good ones.
We, the people, decide who sits on North Carolina courts. We can demand judges who will protect the rights of voters, workers, schoolchildren, pregnant people, and those facing incarceration. The power is in our hands to root out the extremists and return to courts that apply the law without fear or favor.