RALEIGH, N.C. (AP) - North Carolina legislators on Monday formally confirmed a member of Democratic Gov. Roy Cooper’s Cabinet for the first time, although the legal weight of the Senate’s action remains unclear with Cooper’s court challenge of the new practice still pending.
The Senate voted unanimously to give its formal approval to Larry Hall as Cooper’s military and veterans affairs secretary, with members praising the credentials of the former Durham County state House member and ex-Marine.
The action ended a process delayed by court rulings that kept Hall away from a Senate committee three times, then accelerated late last week when Senate Republican leaders issued a subpoena demanding Hall show up. Two committees recommended his confirmation after largely genial questions and Hall’s answers.
The court rulings stemmed from Cooper’s lawsuit against legislative leaders seeking to overturn December laws subjecting his Cabinet to Senate confirmation and reducing or checking the new governor’s powers.
A three-judge panel will hear arguments Tuesday in Wake County whether to throw out the law or Cooper’s lawsuit. But the judges declined to prevent lawmakers from blocking the subpoena and said Cooper wasn’t wronged unless senators actually voted to reject a Cabinet member.
Republican lawmakers say the state Constitution provides that a governor’s nominees can be subject to the “advice and consent of a majority of the senators.” Although some non-Cabinet appointees of the governor already must go through both House and Senate confirmation, it hasn’t applied to department heads for at least several decades.
GOP leaders said the confirmation is designed to determine publicly whether a Cabinet secretary is qualified, has any conflicts of interest and will follow the law.
“I believe that it was a great show of transparency and good government,” said Sen. Bill Rabon, R-Brunswick, the Senate Rules Committee chairman and sponsor of the confirmation resolution before the vote. “I believe that this hearing did provide a great service to the public.”
Cooper’s lawyers have argued the Senate confirmation applies only to “constitutional” officers. The attorneys also argue Cooper has until May 15 to submit the names of his Cabinet before any Senate confirmation can occur.
“I think that we can all agree that Larry Hall is pre-eminently qualified,” said Sen. Floyd McKissick, D-Durham, but told colleagues “this is a premature vote that should not be before us at this time.” Still, McKissick voted for Hall out of respect for him. Republicans then questioned why anyone would object to their scrutinizing Hall.
“Folks, it makes common sense, which is rare lately, to ask questions of these candidates,” said Sen. Jerry Tillman, R-Randolph.
Cooper has seven other Cabinet members he’s appointed since taking office Jan. 1. Rabon said the next secretary up for confirmation would be Erik Hooks, Cooper’s choice for public safety secretary.
For now, Cooper spokeswoman Noelle Talley said late Monday in an email the governor prefers that his Cabinet members continued to be subpoenaed to come before a Senate committee.
As for Hall, Cooper “believes he’ll serve in his role with distinction,” Talley said.
Cooper has yet to pick secretaries overseeing revenue collections and information technology.
Tuesday’s court hearing also will cover other laws approved in December that limit the governor’s control over running elections and slashed the number of administration jobs Cooper could fill.
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