North Carolina Democrats Introduce Constitutional Amendments to Restrict Gubernatorial Power Erosion and Judicial Secrecy
Sponsored by Representatives Phil Rubin, Marcia Morey, and Deb Butler, the proposed amendments face certain defeat in the current session but are intended to establish long-term institutional norms.
North Carolina Democratic lawmakers have introduced a trio of constitutional amendments designed to safeguard the governor’s traditional executive powers and increase transparency within the state’s judicial oversight mechanisms. The legislation, sponsored by Representatives Phil Rubin, Marcia Morey, and Deb Butler, was prompted in part by reporting from ProPublica, which documented a decade-long effort by Republican legislators to diminish the authority of the state’s Democratic governor.
Rep. Rubin’s proposed amendment would prohibit the legislature from further stripping away gubernatorial powers and would restrict majority leaders from advancing major legislation without prior notice, a practice Rubin described as “government by ambush.” The measure seeks to prevent the erosion of executive control over various boards and entities, a shift that has left the North Carolina governor with significantly reduced authority compared to other states.
The second amendment, authored by Rep. Morey, would mandate public disclosure of disciplinary hearings and sanctions conducted by the Judicial Standards Commission, challenging current rules that keep the commission’s proceedings confidential. Morey’s bill also proposes restructuring the commission’s appointment process by dividing appointments equally among the chief justice, the governor, and the North Carolina State Bar, rather than allowing Republican legislative leaders and Chief Justice Paul Newby to appoint a majority.
Rep. Butler’s proposed amendment would disqualify state Supreme Court justices from hearing cases involving family members, specifically addressing controversies surrounding Justice Phil Berger Jr. ruling in cases where his father, Senate leader Phil Berger, is a party. Additionally, the measure would require justices to disclose large stock transactions, outside income, and sponsored travel, following ProPublica findings that Chief Justice Newby failed to disclose a trip to a Hawaiian resort paid for by a conservative judicial education program.
Republican leaders in the House, Senate, and court system did not respond to requests for comment regarding the bills. Spokespeople for the North Carolina Supreme Court and the Judicial Standards Commission also declined to comment or respond to detailed questions about the matter.
While the sponsors acknowledged that the amendments are unlikely to pass in the current session due to Republican majorities in both chambers of the legislature, they intend to revive the proposals in future sessions. The group of eight Democratic sponsors argues that embedding these rules in the state constitution will make them less vulnerable to partisan shifts, ensuring that future majorities, including Republicans, adhere to established norms of transparency and impartiality.
If passed by the legislature, the amendments would be put to a public vote in November. The sponsors have committed to pursuing the measures regardless of the immediate political landscape, aiming to establish a baseline for fairness in the state’s legislative and judicial processes.
