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NC Supreme Court Justice Michael Morgan, a possible gubernatorial candidate, stepping down early

Justice Michael Morgan, one of two Democrats on the court, declined to lay out his future plans but said he still has "a desire to make a difference in the state of North Carolina."
Posted 2023-08-24T15:39:03+00:00 - Updated 2023-08-24T22:56:27+00:00

North Carolina Supreme Court Justice Michael Morgan, who has been mulling a run for governor, said Thursday that he'll leave the state's high court early, stepping down the week of Sept. 4.

Morgan, one of two Democrats on the court, declined to lay out his future plans but said he still has "a desire to make a difference in the state of North Carolina" and that "after I get off the court I can focus on how that might best be accomplished."

Morgan had previously said he would not seek reelection when his court seat is up next year. An early retirement gives Democratic Gov. Roy Cooper a chance to appoint Morgan's replacement, and that replacement can run as an incumbent — a potential advantage in a key race on the 2024 ballot.

The North Carolina Supreme Court decides major issues, including the typically partisan battles over election rules and control of key state government appointments. The elections are partisan affairs and Republicans, who hold supermajorities in both chambers of the General Assembly, took control of the court in last year's elections, winning a 5-2 majority.

Morgan, who is in his first term on the high court, has been a judge for 34 years, holding four different judgeships. Leaving the week of Sept. 4 will give the governor time to appoint a replacement ahead of scheduled Sept. 12 Supreme Court arguments, he said.

Cooper said he plans to appoint a replacement to meet that schedule, but he didn't share a name when asked at an unrelated Thursday afternoon press conference.

"Just found out [about Morgan's retirement] today," Cooper said. "I look forward to meeting and talking with Justice Morgan and thanking him for his service."

State Supreme Court Chief Justice Paul Newby released a statement thanking Morgan for his years of service.

"We wish him well in his future endeavors," Newby said.

If Morgan gets into the governor's race it would shake up a Democratic primary that has looked like a foregone conclusion. Attorney General Josh Stein is the only announced Democratic candidate, and he's built a formidable campaign war chest, with $8.2 million on hand as of the June 30, the end of the last reporting period.

Stein's campaign has already turned much of its attention to the race's apparent Republican frontrunner, Lt. Gov. Mark Robinson.

Robinson has at least a five-way race to win, though. State Treasurer Dale Folwell, former U.S. Rep. Mark Walker, State Board of Transportation member Andy Wells and retired insurance executive Jesse Thomas have all announced runs in that primary.

All 2024 candidates have time to make a final decision: Filing in these races doesn't open until December. Primaries are scheduled for March 5.

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