Stein vetoes bill allowing chief justice to suspend judges

Gov. Josh Stein vetoed House Bill 377, 2026 Court Changes, on Monday, saying the bill “would have a chilling effect on judicial independence by giving the Chief Justice authority to suspend trial judges without pay, a power no other Chief Justice in the country has.”

In addition to suspending trial court judges without pay while they are under investigation, the bill 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 governor said in his press release that North Carolina voters elect the vast majority of the judges in the state, and removing judges from their posts should first and foremost be determined by the people.

“Just as the respective leadership in each legislative chamber does not have the power to suspend duly elected legislators, and just as the Governor does not have the power to suspend an elected member of the Council of State, the Chief Justice should not have the power to suspend a trial judge elected by the people,” Stein, a Democrat said. “Judges should be able to do their jobs without fear that the Chief Justice may deprive them of their livelihood. The small role the bill reserves for the Judicial Standards Commission is cold comfort, given that the Chief Justice and legislative leadership control nearly all of its appointments.”

The Senate passed the bill 26-11 on July 29. The House then passed the bill 62-45 on Aug. 4. 

“For thirteen years, the General Assembly has repeatedly played politics with the judiciary, including taking all four of the nonpartisan State Bar’s appointments to the Judicial Standards Commission for itself,” the governor added. “It needs to stop politicizing our courts. An independent judiciary is critical to protecting the rule of law and the rights of all North Carolinians. I will always stand up for the people of North Carolina. Therefore, I veto this bill.”

The General Assembly is trying to politicize our courts. An independent judiciary is critical to protecting the rule of law and your rights. I will always stand up for you. pic.twitter.com/Ze1oubqfwL

— Governor Josh Stein (@NC_Governor) August 17, 2026

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. 

Concurring with the Stein, 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.” 

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. 

Codey Snipes contributed to this story.

“Stein vetoes bill allowing chief justice to suspend judges” was originally published on www.carolinajournal.com.