State ex rel. Martin v. Preston, 325 N.C. 438

Summary

The Supreme Court of North Carolina reviewed a challenge to Chapter 509 of the 1987 North Carolina Session Laws, which reorganized superior court judicial districts and postponed certain judicial elections. The court held that the election postponements did not unconstitutionally extend judicial terms, violate voting rights, or create vacancies requiring gubernatorial appointments, because incumbent judges could hold over until successors were elected and qualified.

Holdings

1. The legislature may create a one-time delay or hiatus between eight-year terms of superior court judges to eliminate staggered elections when the delay serves a legitimate public purpose and is no longer than necessary to accomplish that purpose. The delay does not extend the incumbent's constitutional term; the incumbent holds over until a successor is elected and qualified.
2. No vacancy arose when Judge Gaines's term expired because Chapter 509 validly delayed the election and the constitutional hold-over provision permitted him to continue serving until his successor was elected and qualified.
3. Chapter 509 constitutionally assigned incumbent superior court judges to newly created districts carved from the former districts for which they were elected, provided the new districts included the judges' residences.
4. The North Carolina Constitution does not require superior court judicial districts to consist of whole counties or whole counties combined. The General Assembly may create districts crossing county lines if the resulting division is convenient.
5. The statutory requirement that a superior court candidate reside, at the time of filing, in the judicial district as it will exist when the candidate takes office is constitutional.
6. Chapter 509 does not violate the North Carolina Constitution and remains fully effective; the portions of the trial court's judgment declaring provisions unconstitutional were reversed and the injunction was dissolved, while the remaining portions upholding the statute were affirmed.

Questions Presented

1. Whether Chapter 509 unconstitutionally extended the terms of incumbent superior court judges by postponing elections for nine judgeships.
2. Whether postponement of the election for the District 27A judgeship created a vacancy requiring gubernatorial appointment.
3. Whether Chapter 509's assignment of incumbent superior court judges to newly created districts violated the North Carolina Constitution.
4. Whether the creation of superior court districts that split counties or included portions of multiple counties violated the North Carolina Constitution.
5. Whether Chapter 509's requirement that superior court candidates reside in the district as it would exist when they took office was constitutional.
6. Whether Chapter 509 violated North Carolina constitutional protections concerning voting, candidacy for office, separation of powers, or exclusive emoluments and privileges.

Disposition

other