Last fall, out of public view, the North Carolina Supreme Court squashed disciplinary action against two Republican judges who had admitted that they had violated the state’s judicial code of conduct, according to three sources with direct knowledge of the decisions.
Asher Hildebrand, a professor of public policy at Duke University, explained that in the 2010s, North Carolina had policies designed to keep the judiciary above the political fray, such as nonpartisan judicial elections. However, the gradual dismantling of these policies by the Republican-controlled legislature has driven the court’s polarization, according to Hildebrand.
Since 2011, North Carolina’s Judicial Standards Commission has referred 19 cases to the Supreme Court for judicial discipline, according to the court’sHad the Supreme Court followed the commission’s recommendations in the cases of the two Republican judges, it would have meant publicly reprimanding them ahead of elections for both in 2024. Judge Lori Hamilton, a longtime Republican, had campaigned with the slogan, “the ideal conservative.
The commission soon launched an investigation into Hamilton, sources say. She had potentially violated multiple canons, including that “a judge should uphold the integrity and independence of the judiciary” and that a “judge should be faithful to the law and maintain professional competence in it.
At the center of the anonymous complaint was the allegation that Earls had told lawmakers and state bar members at two different meetings about proposed rule changes that would give more power to the Republican justices. The complaint, which was made after, her lawyer argued that it had been standard practice for justices to discuss the court’s rule changes with affected parties and that no information had been leaked.
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