Democratic representatives in the North Carolina General Assembly introduced three bills on June 3. constitutional amendments to strengthen judicial ethics.
The goal of these amendments, according to lawmakers, is to serve as a roadmap toward a more independent judiciary.
The measures would appear in the November 2026 ballot if approved. However, their legislative progress is not guaranteed due to the Republican majority in the General Assembly.
What are the amendments about?
The amendments seek to establish ethical standards For the state Supreme Court, to protect public confidence in the judiciary and safeguard the separation of powers in state government.
“We believe these amendments are extremely necessary and are intended to correct serious concerns we have regarding the fair and impartial administration of justice in North Carolina,” said Democratic Representative Marcia Morey during the press conference.
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HB 1034: Constitutional Amendment/Supreme Court Ethics
La “Supreme Court Ethics” measureThe bill, introduced by Democratic Representative Deb Butler, seeks to establish stricter rules on integrity and conflicts of interest for judges in the Supreme Court. State Supreme Court.
In essence, it requires judges to recuse themselves from certain cases where conflicts of interest exist. The amendment explicitly cites the following cases in which judges must recuse themselves:
- If you own stock or other financial interests valued at at least $10 in a company or entity involved in the litigation.
- If the spouse, close relatives, or their spouses are involved in the litigation, act as attorneys in the proceedings, have interests that could be affected by the outcome, or could be important witnesses.
It also imposes a restriction on former legislators who reach the Supreme Court. This means that if a judge was previously a member of the General Assembly and was the primary sponsor of a law, they would have to recuse themselves from cases that challenge the constitutionality or legality of that same law.
During the conference, lawmakers cited the example of Republican Judge Phil Berger Jr. They mentioned that he has previously refused to recuse himself from cases involving his father, the state Senate leader. Phil Berger.
Finally, the proposal would also require judges to expand their asset declarations. Specifically, they would have to report: purchases or sales of stocks, properties, or other assets worth $10 or more within 45 days; any income in addition to their state salary; and who paid for or sponsored their travel.
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Where is it in the legislative process?
The bill passed its first reading and is now in the House Rules and Operations Committee.
If approved by the General Assembly, voters will decide on the measure in November.
HB 1035: Restoration of the Separation of Powers and Legislative Transfer
The bill entitled “Restoration of the separation of powers and legislative transparency” proposes a constitutional amendment to strengthen the principle of separation of powers in North Carolina.
“With regard to protecting the separation of powers, the Constitution already establishes that executive power belongs to the governor,” said Democratic Representative Phil Rubin at the conference.
“But when the courts refuse to enforce that basic principle, the people of North Carolina must correct them and make that absolutely clear.”
The main sponsors of the measure are Representatives Butler, Rubin, Morey, and Tim Longest.
In the case of the executive branch, the measure limits the ability of legislators to pass laws that substantially interfere with the governor's authority.
Regarding the legislative process, the amendment also seeks to impose new transparency rules, including limiting bills to a single topic.
It also establishes restrictions on substantial changes to the original purpose of a bill during its legislative process. It only makes exceptions for budgetary laws, tax laws, or technical corrections.
The proposal also seeks to require greater public notice before the final approval of laws. This includes the prior publication of the full text of bills and advance notification of final votes.
Where is it in the legislative process?
The measure passed its first reading and is now in the House Rules and Operations Committee.
If approved by the General Assembly, voters will decide on the measure in November.
HB 1036: Constitutional Amendment / Judicial Standards Commission
La measure “Judicial Standards Commission”, Introduced by Morey, it seeks to reform the North Carolina Judicial Standards Commission, which investigates complaints against judges.
Currently, according to Morey, this has been used as a weapon to attack the Democratic justices of the Supreme Court through frivolous complaints.
“An anonymous complaint was filed against Judge Anita Earls, which sought to sanction her for speaking out about racial bias in the administration of justice,” Morey said.
The investigation into Earls serves as an example of why this amendment is necessary in the Constitution, according to the Democratic legislator.
“This type of political manipulation is a direct result of the General Assembly’s decision to turn all judicial disputes in North Carolina into partisan elections. We want to return to a fair and impartial justice system, free from bias and political warfare,” Morey added.
The project establishes changes to the process for appointing commission members. The body would be composed of judges appointed by the Chief Justice of the state Supreme Court, attorneys appointed by the North Carolina Bar Association, and designated citizens.
It also creates alternate members in case of conflicts of interest, absences or disqualifications.
Furthermore, the proposal modifies the confidentiality rules in disciplinary proceedings against judges. Under the proposed change, certain hearings and sanctions issued by the commission would be public, as would the recommendations sent to the state Supreme Court once the disciplinary process advances to a formal stage.
However, the text remains confidential in the initial stages of the investigation until formal disciplinary charges are filed.
Where is it in the legislative process?
The measure passed its first reading and is now in the House Rules and Operations Committee.
If approved by the General Assembly, voters will decide on the measure in November.
Common Cause NC applauds the introduction of the amendments
Common Cause NCThe non-profit organization that fights for democracy in the state applauded the Democratic representatives in the House for introducing these amendments on judicial ethics and separation of powers.
According to the organization, these would help strengthen judicial ethical standards and safeguard the system of checks and balances.
“These reforms are vital to protecting public confidence in the impartiality of our courts and our government as a whole,” Brooks Fuller, the organization’s policy director, said in a press release.
They also urged the legislature to pass these amendments during the current short session. This would allow North Carolina residents to vote on them in the November elections.
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Will they make progress during this legislative session?
Given the current composition of the General Assembly, with a republican majority, the legislative progress of the proposed amendments is not guaranteed.
The project's sponsors indicated that they hope the measures will be considered and approved.
However, when asked about the likelihood of this happening, Representative Morey replied: “None.”
Rubin noted, however, that one strength is that these amendments “are neutral.”
“None of this was written to give one party an advantage over the other. I hope you will examine this objectively and recognize that it is, in fact, a way forward to get us out of this kind of adverse situation we find ourselves in,” the Democratic representative added.
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