Endorsements: The Editorial Board’s choices in North Carolina’s judicial races

It’s no wonder that when voters face choices in elections for seats on the North Carolina Supreme Court or N.C. Court of Appeals, they cast their ballots with the court’s ideological makeup in mind. It matters. The North Carolina Supreme Court’s conservative majority has removed constitutional guardrails on extreme partisan gerrymandering and reinstated a voter ID law and a law that disenfranchises people with felony convictions.

The N.C. Supreme Court, which now has a 5-2 Republican majority, will remain in Republican control until at least 2028, when Democrats could have a chance to flip GOP-held seats. In order for that to happen, though, they have to defend two of their own seats first, including one this year.

Republicans also hold an 11-4 majority on the N.C. Court of Appeals after winning four races in 2020. Three seats are up for election this year.

NC Supreme Court

Democrat Allison Riggs, who Gov. Roy Cooper appointed to the Supreme Court last year, faces Republican Jefferson Griffin, a current N.C. Court of Appeals judge.

Riggs is a thoughtful justice with a broad and deep knowledge of the law. She spent nearly 14 years as a lawyer for the Southern Coalition for Social Justice, a progressive law firm specializing in voting rights, justice system reform and environmental cases.

Riggs has leaned into those issues on the campaign trail. With the editorial board, she also emphasized reproductive rights and fertility treatments in personal terms, speaking of considering children as a woman in her 40s. “I believe it’s important to have directly affected people on the court,” she said.

Griffin’s rulings indicate a conservative interpretation of constitutional law. He was one of four Court of Appeals judges to sign onto a controversial ruling that declared “life begins at conception,” potentially establishing a precedent for fetal personhood, back in 2023. That ruling was later withdrawn.

Griffin complained to the editorial board about campaign ads that tied him to a conservative position on abortion, but when offered the chance to clarify his thoughts on the issue as a justice, he did not. Griffin did cite a low dissent rate on his rulings, which he says illustrates an ability to persuade colleagues on the court.

This board largely shares Riggs’ interpretation of the law regarding gerrymandering, voting rights and reproductive rights. We also believe the court should have better balance between Democrats and Republicans. We recommend Allison Riggs.

Court of Appeals

Seat 12: Voters face a difficult choice in the race between Democrat Carolyn Jennings Thompson, who was appointed to the court in 2023, and Republican Tom Murry.

Jennings Thompson brings valuable experience as a district court and superior court judge, and she served as Deputy Commissioner on the North Carolina Industrial Commission. Murry is a state prosecutor and former N.C. House member who also served as Chief of Staff for the state Judicial Branch. Former N.C. House colleagues, notably Democrats, told the editorial board that Murry is exceptionally thoughtful and prepared, and that his willingness to work across the aisle would be an asset to the court.

“Tom is a decent man, one who is willing to listen and wants to find common ground,” said former House member Doug Berger, a staunch and active Democrat who says he has not voted for a Republican in 20 years but is endorsing Murry. “Tom was fair, transparent and honest, and that is refreshing.”

Jennings Thompson is a capable and fair jurist who is attentive to due process for all, and she is a solid choice for voters who prioritize a better ideological and racial balance on the Court of Appeals. Those factors are important to this board, but we also believe that our state’s highest courts desperately need judges with a demonstrated history of working across ideology and party. Jennings Thompson and Murry are both worthy choices. We give a very slight nod to Murry for Court of Appeals seat 12.

Seat 14: Democrat Ed Eldred offered perhaps the most candor to the editorial board on NC’s partisan courts. “I can’t help but think some of the decisions are partisan and have a partisan feel to them,” he said. “It’s part of why I got into the race.”

Eldred, who is running against Republican incumbent Valerie Zachary, has clerked under two Court of Appeals judges and has diverse experience in criminal, civil, appellate and family law. We appreciate his fresh perspective and commitment to equity under the law. We recommend Eldred for seat 14.

Seat 15: Republican district court judge Chris Freeman is running against Asheville-area attorney and Democrat Martin Moore. Freeman is campaigning as a conservative judge who would adhere to the constitution. Moore, who also is a Buncombe County commissioner, promises to rule on the merits of cases instead of partisan considerations. Moore would bring important diversity to the Court of Appeals, including as a western North Carolina resident. We recommend Moore.

This story was originally published October 24, 2024 at 12:42 PM with the headline "Endorsements: The Editorial Board’s choices in North Carolina’s judicial races."