Lawyers for state Sen. Julia Boseman's former partner have asked the state Supreme Court to reconsider a Court of Appeals ruling in the couple's adoption custody case.
Boseman, a Wilmington Democrat, and Melissa Jarrell, were in court over whether Boseman's adoptoin of Jarrell's child was legal. Jarrell, a former softball coach at UNC-Wilmington, had claimed that the adoption was invalid because gays and lesbians should not be permitted to adopt in North Carolina.
A three-judge panel unanimously ruled that Boseman's adoption was legal. Jarrell's lawyers have asked the state's high court to reconsider on several grounds. Because the appeals court was unanimous, Jarrell has not right to appeal and must convince the Supreme Court to hear the case. Such petitions are rarely granted.
Republican ranks on the N.C. Supreme Court are shrinking.
GOP Justice Ed Brady, of Fayetteville, offered that warning to the party's state convention Saturday, Rob Christensen reports. The Republican majority on the court, once a lopsided 6 to 1, has fallen to 4 to 3.
"Elections have consequences," said Brady, who is up for reelection next year.
Judges struggle to gain familiarity among the public, particularly now that judicial races are nonpartisan. To emphasize that point, Justice Paul Newby was introduced to the convention, but Justice Bob Edmunds stepped to the podium instead. It was unclear how many convention delegates realized the switch until the two disclosed the ploy.
Supporters of judicial campaign financing are citing a recent Supreme Court decision.
In a 5-4 decision in Caperton v. Massey, the high court ruled that a West Virginia Supreme Court justice should not have been involved in a case involving a coal-mining executive who spent more than $3 million to help get him elected.
The justice ruled in favor of his campaign donor, overturning a $50 million jury award.
The N.C. Center for Voter Education, which backed North Carolina's public financing for state Supreme Court and Appeals Court judges, said the case was a prime example of the problems with judges raising large sums of money on their own.
"Whether or not judges are actually biased in favor of a litigant who contributes to a campaign isn't the issue. Of more concern is the appearance that justice is for sale," said executive director Damon Circosta.
The center filed a friend-of-the-court brief in Caperton asking the Supreme Court to find a due process violation.
* Former N.C. Supreme Court Justice and gubernatorial candidate Bob Orr endorses Chad Adams in the race for chair of the N.C. Republican Party.
* Gov. Beverly Perdue tells SAS co-founder John Sall to "get a ram" after sheep at a solar farm interrupt her speech repeatedly.
* North Carolina is the only state in the union where you can't make a citizen's arrest: Although you can detain someone, you can't move them.
* Charlotte Observer columnist Jack Betts thinks state Rep. Cary Allred's propensity to "pop off at every opportunity" has hurt him in his recent brouhaha.
Burley Mitchell has never gotten the Order of the Long Leaf Pine.
But his wife — and his dog — have.
The former N.C. Supreme Court chief justice says his English bulldog, Bruno, received the award in the late 1970s from then Gov. Jim Hunt.
As secretary of Crime Control and Public Safety, Mitchell had started a neighborhood watch program featuring Bruno that was an early predecessor to McGruff the Crime Dog. Bruno became something of a celebrity in local newspapers.
"It was sort of a spoof," Mitchell said.
He said the award was not taken as seriously in those days. It had started as a symbolic honor for visiting dignitaries, like being a Kentucky colonel, then became more of an honor for notable North Carolinians, such as Mitchell's wife, Lou, a longtime civic volunteer.
But he disputes the idea that it's the state's highest civilian award.
"Some deputy press secretary over there started the notion that its the highest award the state gives and that concept entered the world through Wikipedia," he said.
By statute, the state's highest award is the North Carolina Awards, selected annually by a committee of the Department of Cultural Resources.
At least four potential picks for Supreme Court have Tar Heel ties.
Although President Obama has not compiled a short list for the replacement for retiring Justice David Souter, that hasn't stopped observers from speculating.
Here are four who have some ties to North Carolina:
* Patricia Timmons-Goodson. N.C. Ties: Earned bachelor's and law degree at UNC-Chapel Hill. Qualification: Justice on the N.C. Supreme Court since 2006, former prosecutor and Distirct Court judge. Mentioned by: ScotusBlog.
* Teresa Wynn Roseborough. N.C. Ties: Graduated from UNC-Chapel Hill law school in 1986, edited the N.C. Law Review. Qualification: Former deputy assistant attorney general under President Clinton. Mentioned by: Huffington Post
* Johnnie B. Rawlinson. N.C. Ties: Earned bachelor's at N.C. A&T State University. Qualification: Judge for the U.S. Court of Appeals, Ninth Circuit since 2000. Mentioned by: Associated Press.
* Virginia Seitz. N.C. Ties: Earned bachelor's degree from Duke University. Qualification: Has argued cases before the U.S. Supreme Court. Mentioned by: Legal Times.
Which judges will volunteer for a pay cut?
N.C. Supreme Court Chief Justice Sarah Parker sent out a request this week to elected judges asking them to consider taking a proposed pay cut in solidarity with other state workers who are facing slightly lighter paychecks as a result of the recent budget woes.
Under state law, Gov. Beverly Perdue doesn't have the ability to take away from the paychecks of the elected judges as well as members of the Council of State.
Parker announced she'd be taking the cut, as well as Judge John Smith, head of the N.C. Administrative Office of the Courts.
Dome will be checking in with judges around the state next week, to see who is going to take the half of one percent cut.
Judges: If you want to tell us directly, e-mail sarah.ovaska@newsobserver.com.
The N.C. Supreme Court has ruled that doctors can be present at executions.
In a 4-3 decision authored by Justice Edward Thomas Brady, the court found that the N.C. Medical Board could not prohibit physicians from participating in the state's capital punishment procedures.
A state statute, "by its plain language, envisions physician participation in executions in some professional capacity," Brady wrote.
The medical board, a professional group that sets ethics rules for doctors, had barred doctors from monitoring inmates who were being put to death. In a lawsuit, the state Department of Correction argued that state law requiring doctors trumped the board's decision.
A Wake County Superior Court judge sided with the state in 2007, but executions remained in limbo while the case was being resolved. In today's ruling, the majority of the state Supreme Court affirmed the lower court's ruling.
In a dissent, Justices Robin Hudson and Patricia Timmons-Goodson and Chief Justice Sarah Parker argued the court should have let the legislature decide the issue.
The question North Carolina Democrats whisper in the halls is: when are the Republican U.S. attorneys going to be replaced?
U.S. Sen. Kay Hagan says the answer is pretty soon, Rob Christensen reports.
Hagan, the Democrat freshman, said she hopes to recommend three new U.S. attorneys for North Carolina in the coming months.
"I would like to get some names fairly soon and make some recommendations," Hagan said in an interview. "I would certainly think by spring or early summer we could have nominees. The timing has a lot do with the president."
She has appointed a panel, headed by former N.C. Supreme Court Chief Justice Burley Mitchell to advise her on potential nominees for both federal prosecutors and federal judgeships. Hagan said the group held its first meeting Tuesday.
More after the jump.
A bill would let the governor appoint top judges.
Rep. Johnathan Rhyne, a Lincoln County Republican and family law attorney, said he filed the bill to improve the appellate court system.
"It's a recognition that 99 percent of the voting public has no idea who they're voting for," he said.
Under the proposal, a Judicial Nomination Commission would vet potential judges for the N.C. Court of Appeals and the N.C. Supreme Court. They would then forward a list of recommendations to the governor, who would make the appointments.
In many ways, the system would be similar to the one used now for unexpected vacancies, Rhyne said. A difference is that the judges would later face a retention election — essentially an up-or-down vote by the people after they'd been in office for a while.
If they lost, the governor would appoint another judge.
Rhyne, who served on a commission that looked into the judicial system in the early 1990s, said that the goal is to get better judges.
"Electing judges when the public does not know who they're voting for is like walking down a highway in the dark," he said. "It's dangerous, and you don't need to do that."