Justia North Carolina Supreme Court Opinion Summaries

Patricia Burnette Chastain was appointed as the clerk of superior court in Franklin County in May 2013 and was subsequently elected to the position in November 2013 and reelected in 2017. In July 2020, an attorney named Jeffrey Thompson filed an affidavit requesting an inquiry into Ms. Chastain's conduct, alleging various instances of misconduct, including distributing gift certificates to jurors, allowing a judicial candidate to address a jury, and acting unprofessionally with correctional officers, among other allegations.Judge John M. Dunlow initially suspended Ms. Chastain and set a hearing date. However, due to a conflict of interest, Judge Dunlow and another judge were recused, and Judge Thomas H. Lock was appointed to preside over the removal inquiry. After an evidentiary hearing, Judge Lock issued an order in October 2020 permanently removing Ms. Chastain from her position based on findings of willful misconduct. Ms. Chastain appealed, and the Court of Appeals vacated the order, holding that Judge Lock lacked authority under Article IV of the North Carolina Constitution to remove her and remanded the case for reconsideration under Article VI.The Supreme Court of North Carolina reviewed the case and held that Judge Lock had the authority to preside over the removal proceeding as a replacement for the recused senior regular resident superior court judge. The court also held that procedural due process requires that removal be based only on conduct identified in the initiating affidavit. Furthermore, the court clarified that the standard for removal under Article IV is "misconduct," not "willful misconduct." The Supreme Court vacated the Court of Appeals' decision and remanded the case for reconsideration of removal under the proper standards. The court also noted that discretionary review was improvidently allowed regarding the procedure for disqualification under Article VI. View "In re Chastain" on Justia Law

In 2022, Walter D. Giese was charged with cyberstalking and making harassing phone calls to Sharon Griffin, the county manager for Onslow County, North Carolina. Giese moved to disqualify District Attorney Ernie Lee and his staff from prosecuting him, arguing that Griffin's role as county manager, which included overseeing the county's facilities and public services and proposing the county budget, created a conflict of interest. Giese contended that the prosecutors had a "self-interest" in appeasing Griffin, which could influence their decision-making in his case. The district court agreed and barred the Fifth Prosecutorial District from handling the case. The State challenged this decision, but the superior court upheld the disqualification order, finding a conflict of interest.The Supreme Court of North Carolina reviewed the superior court's order and vacated it, finding that the lower courts had erred in disqualifying the entire Fifth Prosecutorial District without finding an actual conflict of interest. The court clarified that an actual conflict of interest exists when the prosecution, by virtue of a prior attorney-client relationship, obtains confidential information that has been or is likely to be used to the detriment of the defendant. The court found that this was not the case here, as there was no evidence to suggest that anyone in the Fifth Prosecutorial District had ever represented Giese or obtained confidential information that could be used against him. The case was remanded for further proceedings. View "State v. Giese" on Justia Law

The Supreme Court of North Carolina was tasked with reviewing the decision of the Court of Appeals related to a defendant's claim of ineffective assistance of counsel. The defendant was convicted of first-degree murder in 1999 and sentenced to life imprisonment without parole. Over two decades later, the defendant filed a motion for appropriate relief (MAR), arguing that his trial counsel did not inform him of his right to testify and prevented him from testifying. He also claimed that his appellate counsel was ineffective because they filed an Anders brief.The Supreme Court concluded that the Court of Appeals correctly disposed of the defendant's claims. The record demonstrated that the defendant was aware of his right to testify, and there was no evidence to support his claim that his trial counsel prevented him from testifying. Furthermore, the defendant's claim that his appellate counsel was ineffective for failing to challenge limitations on an expert witness’s testimony was without merit because the trial court had appropriately restricted the expert from using legal terminology. Therefore, the defendant's claims of ineffective assistance of both trial and appellate counsel were deemed baseless.The Supreme Court also held that the standard of review set forth in a previous case, State v. Allen, which involved reviewing MARs in the light most favorable to defendants, was a departure from the court's longstanding standard of review. Thus, the court returned to the previous standard of review, which involves a statutory review pursuant to N.C.G.S. § 15A-1420(c). View "State v. Walker" on Justia Law

The Supreme Court ordered that Respondent, C. Randy Pool, a Judge of the General Court of Justice, District Court Division, Judicial District 29A, be censured for conduct in violation of Canons 1, 2A, 2B, 3A(4), and 3A(5) of the North Carolina Code of Judicial Conduct and pursuant to N.C. Gen. Stat. 7A-376(b) for conduct prejudicial to the administration of justice that brings the judicial office into disrepute.The Judicial Standards Commission filed a Recommendation of Judicial Discipline recommending that Respondent be censured for sexual misconduct. The Supreme Court concluded that the Commission's findings of fact were supported by clear and convincing evidence and that the Commission's conclusions of law were supported by those facts. The Court then ordered that Respondent be censured. View "In re Pool" on Justia Law

The Supreme Court ordered that Respondent William F. Brooks be suspended without compensation from office as a Judge of the General Court of Justice, District Court Division, Judicial district Twenty-Three, for thirty days from the entry of this order, holding that Respondent violated Canons 1, 2A, 5D, and 6C of the North Carolina Code of Judicial Conduct and for conduct prejudicial to the administration of justice that brings the judicial office into disrepute.The Judicial Standards Commission recommended that Respondent be censured for violations of Canons 1, 2A, 5D, and 6C amounting to conduct prejudicial to the administration of justice that constituted willful misconduct in office. Respondent accepted responsibility for his actions, acknowledging they were wrong, and the Commission found that Respondent cooperated, admitted error and showed remorse. The Supreme Court concluded that the Commission's findings of fact were supported by clear and convincing evidence and that the Commission's conclusions of law were supported by those facts and then determined that a one-month sanction was appropriate. View "In re Brooks" on Justia Law

The Supreme Court adopted the recommendations from the Judicial Standards Commission that Edwin D. Clontz, a Judge of the General Court of Justice, District Court Division, Judicial District Twenty-Eight, be publicly reprimanded, holding that the Commission's findings and recommendation of public reprimand were appropriate.After a disciplinary hearing, the Commission made findings of fact and conclusions of law and recommended that the Supreme Court publicly reprimand Judge Clontz for conduct in violation of Canons 2A and 3A(4) of the North Carolina Code of Judicial Conduct and for conduct prejudicial to the administration of justice that brings the judicial office into disrepute, in violation of N.C. Gen. Stat. 7A-376. The Supreme Court held (1) the Commission's findings of fact were supported by clear, cogent and convincing evidence and there was no error in the Commission's conclusions; and (2) Judge Clontz must be publicly reprimanded. View "In re Clontz" on Justia Law

The Supreme Court ordered that Court of Appeals Judge Hunter Murphy should be censured for violations of Canons 1, 2B, 3A(3), and 3B(2) of the North Carolina Code of Judicial Conduct amounting to conduct prejudicial to the administration of justice that brings the judicial office into disrepute, in violation of N.C. Gen. Stat. 7A-376(b), holding that censure was appropriate.The Judicial Standards Commission recommended that Judge Murphy be censured based on its findings of fact and conclusions of law. After reviewing the record and transcript, the Supreme Court concluded that the Commission's findings of fact and conclusions of law were supported by clear and convincing evidence and that the judge's conduct was prejudicial to the administration of justice and denigrated the reputation and integrity of the judiciary as a whole. Therefore, the Supreme Court ordered that Judge Murphy be censured. View "In re Murphy" on Justia Law

The Supreme Court ordered that Respondent Michael A. Stone, a judge of the General Court of Justice, District Court Division 16A, be censured for conduct in violation of Canons 1, 2A, and 2B of the North Carolina Code of Judicial Conduct and for conduct prejudicial to the administration of justice that brings the judicial office into disrepute in violation of N.C. Gen. Laws 7A-376, holding that the Judicial Standards Commission's findings were adequately supported by clear and convincing evidence and supported the Commission's conclusions of law.The Commission filed a statement of charges against Respondent alleging that he had engaged in conduct inappropriate to his judicial office by, among other things, demonstrating a lack of respect for the office and by making a number of misleading and grossly negligent assertions regarding his representation of a former client. Based on its findings of fact and conclusions of law, the Commission recommended that the Supreme Court censure Respondent. After weighing the severity of Respondent's misconduct against his candor and cooperation, the Supreme Court concluded that the Commission's recommended censure was appropriate. View "In re Stone" on Justia Law

The Supreme Court ordered that Angela C. Foster be censured for conduct in violation of Canons 1, 2A, 3A(3) and 3A(4) of the North Carolina Code of Judicial Conduct and for conduct prejudicial to the administration of justice that brings the judicial office into disrepute in violation of N.C. Gen. Stat. 7A-376.The Judicial Standards Commission counsel filed a statement of charges against District Court Judge Angela C. Foster (Respondent) alleging that she had engaged in conduct inappropriate to her judicial office. Based on its findings of fact and conclusions of law, the Commission recommended that the Supreme Court censure Respondent. The Supreme Court concluded that the Commission's recommended censure was appropriate and ordered that Respondent be censured. View "In re Foster" on Justia Law

The Supreme Court ordered that Respondent, April M. Smith, a Judge of the General Court of Justice, District Court Division, Judicial District Twelve, be publicly reprimanded for conduct in violation of Canons 1, 2A, 3A(3), and 3B(1) of the North Carolina Code of Judicial Conduct and for conduct prejudicial to the administration of justice that brings the judicial office into disrepute, in violation of N.C. Gen. Stat. 7A-376.The Judicial Standards Commission filed a statement of charges against Respondent alleging that she had engaged in conduct inappropriate to her office by demonstrating a lack of respect for the judicial office of the Chief Judge and court staff and other offenses. The Commission Counsel and Respondent entered into a stipulation and agreement for stated disposition that tended to support a decision to publicly reprimand Respondent. The Supreme Court concluded that the Commission's recommended public reprimand was appropriate and ordered that Respondent be publicly reprimanded. View "In re Smith" on Justia Law