Lawmakers put judicial appointments amendment on ballot

The House voted 73-45 to give final approval to Senate Bill 814, known as the Judicial Vacancy Sunshine Amendment.

Supporters say the measure would allow voters to continue electing judges but would ensure qualified candidates were named to fill vacancies on the bench when judges retire or resign between elections.

Opponents say the Republican majority in the General Assembly was not so subtly trying to take over the judiciary, which has ruled against a number of legislative efforts in recent years.

Rep. Darren Jackson, D-Wake, accused the GOP of using the amendment to regain a partisan advantage on the state Supreme Court by adding two seats to the court later this year and filling them with GOP justices who wouldn't face re-election until 2022.

"This is nothing but a court-packing scheme," Jackson said. "Don't try to tell us one thing when your intentions are clearly something else."

Rep. David Lewis, R-Harnett, denied any subterfuge.

"To view this as anything other than a genuine attempt to find a way to fill judicial vacancies is just plain wrong," Lewis said.

The amendment calls for the creation of a state commission to vet judicial nominees and forward recommendations to the General Assembly. Lawmakers would then send at least two names to the governor for him or her to select one.

Democrats tried to change the proposal so the commission itself would pick the finalists for each vacancy, which they said would remove some of the politics from the selections, but the GOP defeated that effort. Democrats also failed in an effort to remove language from the bill that allows the appointed judge to serve at least two years on the bench before facing re-election. Currently, appointed judges have to stand for re-election in the next election, which is usually a matter of months, not years.

Other amendments already on the ballot include the right to fish and hunt, an expansion of crime victims' rights and an overhaul to the state elections board. Two other potential amendments – one requiring photo identification to vote and the other capping the state income tax rate – are still pending before the Senate.