Back in June, we blogged about the passage of a new law that created “retention elections” for sitting justices on the Supreme Court of North Carolina. Justice Bob Edmunds is the first justice to be affected by this statute’s provisions. Under the new legislation, voters in November 2016 will only decide whether they are “for” or “against” Justice Edmunds’ retention. In other words, the law does not permit a challenger for Justice Edmunds’ seat.… Continue Reading

Over the past few months, we have shared several  potential problems created by the Business Court Modernization Act.  Nonetheless, we held a few potential traps close to our vest because, frankly, we were unsure if any of the unique circumstances necessary to trigger the traps would arise.  Recently, we changed our mind on the improbability of those scenarios based on an October 8 order from the North Carolina Business Court. … Continue Reading

Way back in January, a bill was introduced that would have “restore[d] partisan statewide judicial elections.”  That is, the bill would have required Court of Appeals and Supreme Court candidates to seek their party’s nomination through a primary election, then compete in a partisan general election.  The bill stalled in committee in April, where it languished all summer.

Last week, a “committee substitute” was proposed, leaving nonpartisan races intact but requiring Court of Appeals candidates to indicate their party affiliation when filing their notices of candidacy, which affiliation will then appear on the ballot.… Continue Reading