2020 Judicial Elections Statement of North Carolina Bar Association
As judicial elections occur in our state this year, we are reminded of the critical importance of the independence of our judiciary. As both citizens and lawyers, we strive to recognize, respect, explain, and preserve this independence.
The North Carolina Constitution provides that the citizens of our state choose their judges by popular vote, and our judges run for their positions in partisan elections. Since we choose who serves as a judge, we as voters must remember that a judge’s responsibility is to be right under the law, even if that requires making an unpopular decision.
Judicial independence means that judges decide cases based on the evidence and the law, not on outside pressures. A judge’s oath of office requires that the judge “administer justice without favoritism.” Thus, a judge’s individual political preferences or the popularity of an outcome do not matter when deciding a case under the law.
Voters should not automatically assume that political parties, campaign contributions, and special interest groups affect a judge’s decision. When judges know that they can make decisions based on the law and the evidence without fear of political repercussion, our system of government is able to make good on its promise of liberty and justice for all.
North Carolina’s Code of Judicial Conduct, applicable to all judges and justices, provides that “an independent and honorable judiciary is indispensable to justice in our society” and requires that all judges uphold the integrity and independence of the judiciary. We expect our judges and judicial candidates to uphold this high standard, even when running for office. As voters, we have the duty to understand and protect judicial integrity and independence as our judges follow these principles.
Just as an independent judiciary cannot be controlled by popular opinion, it cannot be controlled by other branches of government. Our system of government provides for three separate and independent branches of government: the legislative, executive, and judicial branches. The legislative makes the laws, the executive carries out the laws, and the judicial branch interprets the laws.
Our North Carolina Constitution provides that these three branches of government must be “forever separate and distinct” from each other. This separation of powers exists to ensure fair and impartial justice and protection of our Constitutional rights and freedoms, consistent with the rule of law.
As North Carolina judicial elections take place, we the people must encourage voters to understand and respect the special role of the judiciary in our system of government and way of life.