NC House to vote on bill empowering chief justice to suspend judges

The North Carolina House is expected to vote Tuesday on a bill that would expand the state Supreme Court’s authority to discipline judges and give the chief justice new power to suspend trial court judges without pay while they are under investigation. 

Section 28 of House Bill 377 would allow the Supreme Court to change the punishment recommended by the North Carolina Judicial Standards Commission and impose a public reprimand, censure, suspension, or removal. A majority of the members of the Supreme Court voting must concur in any order. 

The bill would also allow the chief justice to suspend a district or superior court judge without pay while an investigation or disciplinary proceeding is underway. The Judicial Standards Commission would first have to recommend the suspension and find that allowing the judge to remain on the bench could cause immediate and irreparable harm to the public or the administration of justice. 

The Senate passed the bill 26-11 on July 29. The House is expected to take up the final version on Tuesday, Aug. 4. 

Supporters of the bill argue that stronger disciplinary authority is needed to hold judges accountable for decisions that may put public safety at risk. House Speaker Destin Hall, R-Caldwell, pointed specifically to cases involving violent offenders. 

“NC has a serious issue with judges releasing VIOLENT FELONS,” Hall wrote in a post on X. “Actions have consequences, and we’ll be holding these irresponsible judges accountable.” 

The proposal has also raised concerns about concentrating more authority in the hands of the chief justice and how that power could be used by future court leaders. 

Mitch Kokai, senior political analyst at the John Locke Foundation, said “This provision certainly places more power in the hands of North Carolina’s chief justice. For the next 2 1/2 years, that means current Chief Justice Paul Newby. But that increased power will remain with whoever wins an eight-year term to succeed Newby in 2029 as well. Lawmakers ought to keep those long-term implications in mind as they vote.” 

Kokai said the effect of the bill would depend largely on how often the suspension power is used and what safeguards the Supreme Court puts in place. 

“The ultimate impact of this bill is likely to depend on its implementation,” he said. “The chief justice can suspend a judge only after a recommendation from the North Carolina Judicial Standards Commission, and the law also calls for the Supreme Court to adopt rules that will protect a judge’s due process rights.” 

“If the commission turns to this new option only on rare occasions, and if the rules ensure that a judge doesn’t end up railroaded for partisan or other illegitimate reasons, then the law could end up being unexceptional,” Kokai added. “But it’s certainly worth watching. No one should support this provision if it ends up serving as a tool for partisan mischief or the settling of personal scores that have nothing to do with the administration of justice.” 

Similar concerns were raised during a July 31 episode of PBS North Carolina’s “State Lines.” Commentators warned that the new authority could be abused as the political makeup of the Supreme Court changes. 

“This kind of power could be corrupted,” commentator Patrick Sebastian of Opinion Diagnostics said. While he said he does not believe Chief Justice Paul Newby would misuse the authority, he questioned how it could be used by future chief justices. 

“We don’t know who the next chief justice will be, and this is a lot of power to give to someone we don’t know or trust,” Sebastian said. 

Kimberly Reynolds of Maven Strategies questioned what problem lawmakers are trying to solve with the bill. 

“I don’t know why they are doing this,” Reynolds said. 

This bill comes as North Carolina prepares for a closely watched Supreme Court election in 2026. Republican Sarah Stevens is challenging incumbent Democratic Associate Justice Anita Earls in the only state Supreme Court race on the ballot, a contest that could expand the Republican majority on the seven-member court from 5-2 to 6-1. 

Three seats on the seven-member court will be on the ballot in 2028, including the seat held by Chief Justice Paul Newby. North Carolina law requires appellate judges to retire at the end of the month in which they turn 76. If reelected, Newby, who is currently 71, could serve only about two years and five months of another eight-year term before reaching the mandatory retirement age.  

Associate Justices Phil Berger Jr. and Tamara Barringer, both Republicans, will also be up for reelection. The winners will begin new eight-year terms in January 2029. 

“NC House to vote on bill empowering chief justice to suspend judges” was originally published on www.carolinajournal.com.