North Carolina judges issue mixed ruling on governor’s appointment powers

Raleigh, NC – The judges of the Northern Carolina trial rendered a mixed decision on Tuesday for Democratic Governor Josh Stein and republican legislative leaders in Stein’s dispute on recent changes in law that have eroded the governor’s powers to appoint members of the Councils of State and provide vacancies of the Court of Appeal.

A panel of three judges unanimously featured with Stein and canceled an unconstitutional part of an law which has set certain limits to which the governor could choose to provide vacant posts on the Supreme Court of the State of seven members and the intermediate court of appeal of 15 members.

But the judges of the Superior Court have let bear a pair of provisions which remove some of Stein’s appointments to the Commission of Public State services and to the Council of the Building Code.

In a brief prescription issued after two hours of arguments earlier in the day, the judges of the Superior Court James Ammons, Graham Shirley and Imelda Pate wrote that Stein “did not demonstrate, beyond reasonable doubt”, that the modifications involving the two state commissions were unconstitutional.

The order, which can be on appeal, is the last result of the prosecution that Stein or his colleague Democrat and predecessor Roy Cooper has brought in recent years to try to counter the measures approved by the legislature controlled by the Republican who, according to them, weaken the control of the governor and the separation of powers between the branches of the government. Several proceedings have concentrated on the State Elections Council.

The State constitution affirms that the governor rotted the vacancies of appeal. Named persons must be authorized to practice law in North Carolina.

But the law approved last December ordered the governor to fill such a vacancy from a list of three people offered by the political party with whom the judge or the outgoing justice was affiliated when elected. This limitation would not apply if the court judge was not affiliated at the time, or if the party did not quickly provide the list.

Stein’s lawyer Daniel Smith told judges that legal researchers – including the current judge – said that the governor had an “power of unhindered appointment” for these vacancies, which occupy positions until the next election of the state.

Shirley postponed the arguments of Noah Huffstetler – a lawyer for the confessor of the Destin Hall Chamber and the head of the Senate Phil Berger – that the Constitution does not specifically prohibit the conditions of these appointments, the Legislative Assembly can act to add.

The panel refused to block the latest modifications to the Public Services Commission, which regulates electricity, natural gas and other public services. From next month, the Commission will decrease to five members.

Without the law of December, the remout commission would be made up of three members appointed by the governor and two by the General Assembly. But the disputed law gave one of the three appointments of the governor to the treasurer of the elected state, currently republican Brad Briner. His candidate should take up his post in July.

Stein lawyers argued that the change would dilute the governor’s powers and prevent him from controlling the Commission to ensure that public services regulations are applied. But the leaders of the GOP have countered that they could assign rights to other executive officials elected to the scale of the state known as the Council of State.

Briner, who joined the case to help defend the law, said on Tuesday’s decision said that “the governor does not have an ultimate authority on the other elected members of the Council of State to exercise their roles and responsibilities as members of the executive power.”

The panel also left the changes in the general meeting to the council of the building code, whose members were appointed only by the governor.

Under the new law, the governor would still appoint seven of the 13 members, legislative leaders by choosing six. Stein lawyers say that there will be sufficient control on the revised board of directors because the changes in code and other measures could only be approved if nine members agree.

Stein’s office did not immediately respond to a request for comments.

Pate is a registered democrat, while the Ammons are not affiliated. Shirley ran without success for another mandate in justice in 2024 as a republican. He became a special judge of the Superior Court this year.

Last week, another committee of three judges rejected a legal action filed by Stein who challenged another law of December by ordering that the current colonel of the patrol of the State of the State Freddy Johnson remains commander of patrol until 2030.