THE ANTI-CZAR CZAR: Rep. Patrick McHenry helped Republicans rail against President Barack Obama's "czars," which he says are making huge decisions and should be confirmed by the Senate. Democrats were quick to mention that a few years ago, McHenry met with President George W. Bush's drug czar. It may be time to appoint a special czar to sort out this czar mess.

CHEF U: The N.C. Institute for Constitutional Law has sued the state over its support for Johnson & Wales University, a private culinary and hospitality school in Charlotte. The center says the $10 million promised by then-House Speaker Jim Black amounted to little more than a patronage gift from Black, who went onto to federal prison fame. The school will argue that educating students is a public purpose. Dome expects testimony to focus on proper hollandaise preparation techniques. The case is a real potboiler.

BREAKER, BREAKER: A last-minute letter from Gov. Beverly Perdue sure got the attention of the N.C. Building Code Council, which voted to keep a special circuit breaker in the building codes.

IN OTHER NEWS: The real "Norma Rae" has died. Former Treasurer Richard Moore has taken a gig at a San Diego investment firm. An appeals court ruled that former Gov. Mike Easley was wrong to borrow highway money to shore up the state's finances.

* The N.C. Institute for Constitutional Law filed a lawsuit Wednesday to force Johnson & Wales University in Charlotte to give back the money the state has given to the culinary and hospitality school.

The institute, a conservative-leaning legal think tank, said the $10 million promised to the school by then-House Speaker Jim Black and other legislative leaders in 2004 doesn't qualify as an economic incentive. The school was not required to create jobs or invest in the state, the steps that state officials typically include to justify the public purpose for a corporate handout.

"This is simply a gift from Jim Black to the school," said Bob Orr, the institute's executive director. "Unfortunately it is one the taxpayers are footing the bill for."

Former Lt. Gov. Dennis Wicker, an attorney for the university, said he expects the courts will not agree with the institute. The courts have yet to agree with suits the institute has filed over incentives to companies such as Dell and Google.

"This went through the legislative process and enjoyed bipartisan support," Wicker said. "Educating our kids is always a public purpose." (N&O)

* As more college students seek financial aid in the troubled economy, the U.S. House of Representatives today is set to overhaul the nation's student loan system.

For students, little in the application process would change beyond a shorter and more simplified form. But more money could be coming their way, and Congress would rework the bureaucracy to potentially save $87 billion in the next decade. (N&O)

* A state task force will try to prevent ex-convicts from going back to prison.

Gov. Beverly Perdue announced 34 members of the StreetSafe Task Force, which will try to find ways to curb recidivism. Every year, 28,000 people are released from prison into a world where their pasts make it difficult to find a decent job and a place to live. Perdue said keeping people from going back to prison is one of the best ways to keep state residents safe.

"This is all about being tougher on crime," Perdue said. "We help people stay out of prison by giving them a life and a job and a capacity to succeed in the community and that's what we want so dare not anybody tell me, 'Oh Bev, you're going soft.' Because I tell you what, if 'soft' means keeping people from being repeat offenders, then I think North Carolina should adopt that motto." (N&O)

A Wake County Superior Court judge Monday upheld a $50 annual fee charged to attorneys to help pay for a public campaign financing fund, but he also gave them a bit more discretion in how the money can be spent.

Two attorneys, Catherine M. El-Khouri and W. Anthony Purcell, had sued the state over the fees, which are assessed through the North Carolina State Bar, Dan Kane reports.

The campaign fund pays for publicly-financed campaigns for state appellate judicial races and for a voter education guide. The attorneys had contended the fee represented a violation of their constitutional rights to freedom of speech and was an impermissible tax. They sued in October 2007.

Judge Howard E. Manning Jr. found that the fee is legal, but he also granted attorneys the option of designating their $50 fee to the voter guide. That way, he said, they would not be paying into the campaigns of candidates that they don't like.

"Overall, it's a positive decision for continued funding of a program that Judge Manning says serves a compelling state interest," said Bob Hall, executive director of Democracy North Carolina, a nonprofit that supports public campaign financing.

He said the attorney fee generates $1.1 million annually, about half of the total funds for the judicial public financing program. The rest comes from a voluntary $3 check-off on the state income tax form.

Update: Bob Orr, a former state Supreme Court judge who heads the N.C. Institute for Constitutional Law, also found plenty to like in Manning's decision. The institute had supported the lawyers' suit.

"From our perspective, the constitutional claim the suit was based on was upheld by the court," Orr said. "The remedy may be broader than we advocated for, but the underlying claim was upheld as unconstitutional. The $50 fee cannot go to candidates by fiat of the General Assembly."

June Atkinson wasn't the only big winner today. Bob Orr also won.

Orr, a former state Supreme Court justice, is a student and teacher of North Carolina's constitution. He cited the constitution regularly last year when he unsuccessfully sought the Republican nomination for governor. (During his run for governor, Orr offered his own plan for how the state's public schools should be governed.)

Orr, who runs the N.C. Institute for Constitutional Law, has sued the state over the lottery, tax-increment financing and tax incentives for Dell. None of those suits has been successful.

But Orr represented Atkinson, a Democrat, in her suit against Democratic Gov. Beverly Perdue and the State Board of Education over who has the authority to run the state's public schools.

And, on Friday, he was on the winning side.

The N.C. Institute for Constitutional Law is questioning the Apple incentives.

Executive Director Bob Orr, a former member of the N.C. Supreme Court, said in a statement today that the incentives violate state laws that require tax exemptions be uniform.

"This legislation favors one corporation over all of the existing corporate citizens of our state, particularly those who have made large investments over the years," he said.

Both chambers of the state legislature have passed versions of a bill rewriting corporate tax laws in a bid to lure Apple computer, which is looking for a location for a $1 billion data center.

The tax breaks would be worth between $3 and $12.5 million a year.

Orr, a longtime opponent of corporate incentives, said the institute has e-mailed its legal opinion to Gov. Beverly Perdue.

The N.C. Institute for Constitutional Law will consider redistricting.

The think tank will examine the constitutional and practical implications of Congressional redistricting at a May 7 program.

Former Supreme Court Justice Bob Orr and N.C. Coalition for Lobbying and Government Reform director Jane Pinsky will use the program to advocate for a nonpartisan independent redistricting commission.

A panel will include legislative drafting director Gerry Cohen, Southern Coalition for Social Justice director Anita Earls, UNC-Chapel Hill law professor Robert Joyce, Common Cause director Bob Phillips, and attorneys Thomas Farr and Carl Thurman III.

Recent decisions by the North Carolina and U.S. supreme courts have thrown some kinks in redistricting plans.

"A truly independent redistricting commission may be just the answer to provide constitutional districts for the future," said Orr in a statement.

The program will be held from 11:30 a.m. to 2 p.m. at the Raleigh Country Club. 

Christine Mumma has joined the N.C. Institute for Constitutional Law.

The 2007 N&O Tar Heel of the Year serves as executive director of the N.C. Center on Actual Innocence, a Durham nonprofit which works to free those who are wrongly convicted and pushes for laws to prevent legal mistakes.

On Thursday, she joined the board of directors for the institute, a Raleigh nonprofit that has sued the state, arguing the lottery and corporate incentives are unconstitutional. It is run by former Supreme Court Justice Bob Orr.

She ran unsuccessfully for the state Senate as a Republican in 2004.

In addition, the institute announced it has named retired UNC-Chapel Hill law professor Ronald Link as chairman of the board.

Bob Orr is back at his old job.

The former Republican gubernatorial candidate has returned as executive director of the N.C. Institute for Constitutional Law.

After retiring from the state Supreme Court, Orr had served as the nonprofit group's first head, stepping down in May of last year to run for governor. 

"My work on the Supreme Court and my recent experience as a candidate for governor strengthened my belief that promoting a greater emphasis on and appreciation for the N.C. Constitution, and the rights it affords and limitations it imposes on government, is a necessary and important objective," he said in a statement. 

The institute focuses on public outreach and advocacy as well as litigation to argue that the state lottery and corporate incentives are unconstitutional.

A group opposed to the lottery laid out its case today at the state Supreme Court.

The North Carolina Institute for Constitutional Law filed its brief today in its challenge to the lottery. The group says state lawmakers improperly established the lottery, Titan Barksdale reports.

In a split decision in March, the state Court of Appeals upheld a lower court's dismissal of the group's lawsuit that challenged the way North Carolina's lottery was established. The lawsuit, filed in 2005, contended that the lottery is a tax and didn't go through the procedural requirements in the legislature for new taxes.

The institute points to Judge Ann Marie Calabria's dissenting opinion to reinforce its argument. Her dissent gave the group a right to bring the case to the Supreme Court.

More after the jump.

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