I am pleased to announce the publication of a new Administration of Justice Bulletin explaining the standards for and procedures governing the discipline, suspension, and removal of various North Carolina judicial branch officials from office. The bulletin is available for free download here.
We have written from time to time on this blog about disciplinary matters and changes to the governing procedures. This bulletin compiles that information into a single source, addressing constitutional and statutory provisions governing the removal and discipline of justices and judges, clerks of superior court, magistrates, district attorneys, and public defenders. It also addresses circumstances in which independent counsel may be appointed to prosecute a removal petition.
The bulletin does not discuss House Bill 377, which was ratified by the General Assembly in August, but vetoed by Governor Stein. Section 28 of that bill would have amended G.S. 7A-377 to permit the chief justice of the North Carolina Supreme Court to suspend without pay a trial judge upon recommendation of the Judicial Standards Commission ("Commission"). Any such recommendation would have be based on a finding that immediate and irreparable injury, loss, or damage would result to the public or to the administration of justice if a trial judge subject to an investigation or proceeding was to remain in office until resolution. As discussed in the bulletin, the Rules of the Judicial Standards Commission currently authorize the chief justice to suspend a judge with pay if an investigative panel of the Commission so recommends based on a finding that a judge (1) has been charged with a felony or (2) has engaged in serious misconduct that poses an ongoing threat of substantial harm to public confidence in the judiciary or to the administration of justice. In his veto message for House Bill 377, Governor Stein wrote that the bill "would have a chilling effect on judicial independence." Should the legislature override the veto, I will update the bulletin accordingly.
I hope you find the bulletin helpful and I welcome your feedback. You may reach me at denning@sog.unc.edu.
