Editorial: Keep N.C. courts independent; judges impartial
Friday, Oct. 16, 2020 -- North Carolina needs independent judges who: Know the law and follow the Constitution; Use that knowledge and understanding to apply it fairly - regardless of the plaintiffs or defendants; Are elected to office on a non-partisan basis and have the opportunity of publicly funded campaigns.
Posted — UpdatedHere’s what’s clear. Phil Berger, who represents a single state Senate district, has seized the mantle of leadership of all state government. He will determine what might need to be “corrected” when it comes to separation of the executive, legislative and judicial branches of the government that serve him.
That’s the last thing North Carolinians need. To the degree that Phil Berger has any problems with North Carolina courts, it is HIS failure – as repeatedly pointed out by judges who happen to be Republicans and Democrats -- to follow the law. The problem is NOT our courts or judges.
For much of the last 10 years he has dictated nearly every action to emerge from the General Assembly. The courts – as an independent branch of government -- have been the most significant check on his power.
He doesn’t like it and wants more “conservative” judges in the courts. What he really means is he wants partisan Republican judges that he can control.
Justice in North Carolina is best served by a “separate and distinct” Judicial branch of government. Yet, over the last decade it has been Berger who has led the effort to subvert it. His legislature repealed the state’s non-partisan judicial elections and abolished public funding of those elections. Prior to that, those reforms were a model for the nation.
North Carolina doesn’t need Berger’s “conservative” judges (or anyone else’s “liberal” judges) who bow to his definition of proper “role of the judiciary.”
It needs INDEPENDENT judges who know the law and follow the Constitution.
It needs INDEPENDENT judges who will use that knowledge and understanding to apply it fairly – regardless of the plaintiffs or defendants.
It needs INDEPENDENT judges who are elected to office on a non-partisan basis and have the opportunity of publicly funded campaigns.
It needs legislators who recognize and honor the North Carolina Constitution which in their oath they pledge to “bear true allegiance.” Phil Berger included.
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