Devalle and the Good Moral Character Requirement for Law Enforcement Officers

Law enforcement officers in North Carolina must have good moral character to be certified, and may lose their certification if they lose their good moral character. The requirement of good moral character is neither unique to North Carolina nor exclusive to law enforcement officers. At the same time, it is a difficult standard to apply, as illustrated by a recent decision issued by the Supreme Court of North Carolina. This post provides context for that decision and explores its reasoning. Background: the good moral character requirement. State and municipal police officers in North Carolina are certified by the North Carolina Criminal Justice Education and Training Standards Commission (“CJ Commission”). The CJ Commission requires officers to have, and to maintain, good moral character. See G.S. 17C-10(c) (“[T]he Commission, by rules and regulations, shall fix other qualifications for the employment, training, and retention of criminal justice officers including . . . good moral character . . . .”); 12 NCAC 09B .0101(12) (officers must “be of good moral character as defined in” various appellate decisions). Similarly, deputy sheriffs and detention officers are certified by the North Carolina Sheriffs’ Education and Training Standards Commission (“Sheriffs’ Commission”). The Sheriffs’ Commission also requires good moral character. See G.S. 17E-7(c) (directing the Sheriffs’ Commission to set standards including good moral character); 12 NCAC 10B .0301(12) (requiring good moral character as defined in court decisions). The requirement that law enforcement officers have good moral character is not unique to North Carolina. See, e.g., Fl. Stat. § 943.1395 (providing [...]