How the Proposed Constitutional Amendment Would Change Judicial Appointments

This November, North Carolina voters will be asked to vote for or against a “Constitutional amendment to implement a nonpartisan merit-based system that relies on professional qualifications instead of political influence when nominating Justices and judges to be selected to fill vacancies that occur between judicial elections.” If voters approve the amendment, what will change about the way judges are selected in North Carolina? First, let’s briefly review what the North Carolina Constitution currently has to say about the selection of judges. Justices and judges are elected. The state constitution provides that voters elect justices of the North Carolina Supreme Court, judges of the North Carolina Court of Appeals, regular judges of the superior court, and district court judges. N.C. Const. Art. IV, § 10, 16. Elected appellate justices and judges and superior court judges hold office for terms of eight years, while elected district court judges serve four-year terms. The constitutional amendment proposed in S.L. 2018-118 (S 814) would not alter that system. Instead, the amendment would change how judges and justices are selected to fill vacancies that occur during a justice’s or judge’s term of office. A word about special superior court judges. The state constitution authorizes the legislature to enact statutes governing the selection or appointment of special superior court judges not selected for a particular judicial district. N.C. Const. Art. IV, § 9(1). G.S. 7A-45.1 establishes such judgeships and provides for five-year terms. G.S. 7A-45.1(a10) provides that as each such judgeship becomes vacant or the term expires, [...]