RALEIGH, N.C. (AP) - Republican-sponsored legislation to strip or curtail Democratic Gov. Roy Cooper’s authority to fill certain judicial vacancies cleared the House on Thursday.
The measures, which also include the elimination of three Court of Appeals judgeships, now head to the Senate. The vacancy changes represent the latest actions by the GOP-controlled General Assembly to scale back the governor’s powers and shift them to the legislative branch. Cooper has sued over other laws that the legislature passed in December, just before he took office.
Democrats were sharply critical of the measures, saying GOP lawmakers are moving swiftly to take power from the Executive Mansion now that a Democrat resides there. Governors generally have filled vacancies with judges of the same party.
“It’s political, make no mistake about it,” Rep. Mickey Michaux, D-Durham. “My problem is the workload that the court has will continue to grow.”
But Rep. Justin Burr, R-Stanly, the chief sponsor of the three bills debated Thursday, said this week the legislation is a response to a state Supreme Court decision last year favoring then-GOP Gov. Pat McCrory in other appointment matters.
The most significant measure would reduce the number of judges on the Court of Appeals from 15 to 12. The first three posts that become vacant would be eliminated. Without the change, the vacancies would be filled by Cooper.
Court of Appeals Judge Doug McCullough, set by age to retire in May, is a registered Republican. The measure, if approved, would prevent Cooper from choosing his replacement because the judgeship would no longer exist.
Burr said the Court of Appeals change isn’t about politics, although he labeled the 2000 increase in the Court of Appeals to 15 judges as a political move by Democrats at the time.
Rep. Sarah Stevens, R-Surry, the House’s No. 2 leader, cited court data showing the caseload of the Court of Appeals, which meets in three-judge panels, has fallen by several hundred filings and petitions over the past five years. The bill also would move more complex cases to the state Supreme Court.
She said that it’s “clear that the Supreme Court doesn’t have enough work to do,” calling the bill a step toward equalizing the loads of the two appellate courts. Democrats called the caseload data misleading and left out other Court of Appeals responsibilities.
The other bills would shift the authority to fill vacancies on the District Court and special Superior Court from Cooper to the General Assembly.
Giving the legislature power to fill vacancies for District Court and special Superior Court judgeships is a good thing because local lawmakers are better suited to choose the best candidates for judgeships, rather than a gubernatorial “staff member in a Raleigh cubicle,” said Rep. Kyle Hall, R-Stokes.
“The governor, whether he be a Republican or a Democrat, absolutely doesn’t have a clue who these local guys are, and we do,” Hall said. Democrats argued the current appointment system works well and avoids possible delays if lawmakers can’t agree on a choice.
District Court judges usually handle smaller cases and nonjury trials. They are usually elected to four-year terms.
Special Superior Court judges often handled complex trials or fill in for resident judges. They serve five-year terms and aren’t subject to elections. Historically, outgoing governors sometimes appoint people with political ties or staff members. A recent General Assembly law subjected these appointees to confirmation.
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