Newby’s comments about other justices undermine the court

North Carolina Supreme Court Justice Paul Newby’s campaign address before a Republican group, where he labeled colleagues on the Supreme Court of North Carolina “AOCs” is troubling. It is hard to watch a current justice who wishes to lead the judiciary and justice system of our state publicly ridicule those with whom he works each day. It is hard to watch our state’s high court undermined from within.

A recent recording reveals Newby announcing that “In 2018, the left put $1.5 million dollars to get their ‘AOC’ person on the Court.” Although Newby did not call a name, Justice Anita Earls was the only justice elected in 2018. He further asked the audience to “Imagine seven ‘AOCs’ on the state Supreme Court” and continued with “Well, folks, we got six,” as the audience laughed. ‘AOC’ refers to Congresswoman Alexandria Ocasio-Cortez, a New York Democrat who some view as the symbol of liberal government. Newby confessed that “I lose sleep at night thinking what would it be like if we had no one to hold accountable those that want to cause social change through our judicial branch.”

I am a 28-year veteran of the North Carolina judiciary. I have campaigned five times for election to judicial office. Two of the five campaigns were statewide elections. One was for the Supreme Court. I have campaigned in partisan and nonpartisan judicial races. I have campaigned with and without public financing.

Not long ago judges campaigned with civility. They emphasized experience, integrity, fairness, and impartiality. Times have changed. But the need that judges campaign with dignity and reserve has not.

Newby’s statements about his fellow justices stepped over the line. A charitable reading is that the remarks highlighted philosophical differences between Newby and the other justices. A fair reading is that the remarks were not intended to be positive or a compliment in any way to his colleagues.

The Supreme Court of North Carolina is our state’s highest court, the court of last resort. To perform its constitutionally mandated function the court operates as a collegial body. Authority is vested equally in each member of the Court. Every justice is involved in every decision. Thus, cooperation, respect and trust are necessary to accomplish the work of the court.

Among my fondest memories of serving on the Supreme Court were strolls by the justices down Fayetteville Street to lunches at the Mecca restaurant. Or Court conferences frequently peppered with references to my “brother” or my “sister.” Collegiality!

The language of Newby’s recent campaign address maligning his fellow justices must not continue. This judicial campaigning variant must not be normalized. No judicial candidate should utter words that undermine the courts. No judicial candidate should cast judicial colleagues in a negative light. Newby’s comments challenge the legitimacy of the Supreme Court of North Carolina. They undermine his brother and sister justices who serve. As such, his comments are a threat to the rule of law.

I know that Justice Newby loves the institution to which he has devoted almost 16 years of his professional service. In future campaign efforts, I hope he will not cast aspersions on fellow members of the Court. I urge him to engage in campaign behavior befitting the office he seeks. In doing so, he sets the example for other judges and candidates.

Patricia Timmons-Goodson was most recently an associate justice on the Supreme Court of North Carolina from 2006 to 2012. She served as an associate judge on the North Carolina Court of Appeals from 1997 to 2005 and a district court judge of the Twelfth Judicial District of North Carolina from 1984 to 1997. Currently, she is vice chair of the U.S. Commission on Civil Rights.

This story was originally published July 28, 2019 at 12:00 AM.