Bill would limit judge-shopping in pleas

The House voted for a bill Wednesday that would require lawyers to disclose to a judge that a previous judge had rejected a plea bargain.

The bill, sponsored by Rep. Tim Moore, a Shelby Republican, would write into law something many lawyers already believe is a matter of good ethical practice, Moore said. The bill arose out of a particular case in which a judge accepted the same plea that a previous judge has rejected.

"What is really boils down to is avoiding the gaming of the system," Moore said.

Moore said pleas are most often rejected because judges believe they are too lienient.

Rep. Phillip Haire, a Sylva Democrat, said the bill was unnecessary because judges could always just ask lawyers if another judge has already rejected a plea.

"We don't need to put this in the statute," Haire said. "Put the burden back on the judge."

The bill is likely to be amended before it moves to the Senate. Rep. Darren Jackson, a Raleigh Democrat, suggested that the burden should only apply to the prosecutor, since the defense lawyer's duty is to do what's best for his or her client.