Const. Amend./Judicial Standards Commission.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1236

Short Title: Const. Amend./Judicial Standards Commission. (Public)
Sponsors: Representatives Morey, Longest, Butler, and Rubin (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
June 3, 2026
*H1236-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND THE NORTH CAROLINA CONST ITUTION TO INCLUDE T HE 2
JUDICIAL STANDARDS C OMMISSION AND TO AME ND THE EXISTING 3
STATUTES ON THE JUDICIAL STANDARDS COMMISSION. 4
Whereas, the North Carolina Judicial Standards Commission has become increasingly 5
partisan and secretive, and it is in the public interest to establish a fair, impartial, and transparent 6
Commission that oversees implementation of the North Carolina Judicial Code of Conduct; Now, 7
therefore, 8
The General Assembly of North Carolina enacts: 9
10
CONSTITUTIONAL AMENDMENT ESTABLISHING JUDICIAL STANDARDS 11
COMMISSION 12
SECTION 1.(a) Article IV of the North Carolina Constitution is amended by adding 13
a new section to read: 14
"Sec. 23. Judicial Standards Commission. 15
(1) Membership. The Judicial Standards Commission shall consist of the following 16
residents of this State: 17
(a) Five judges appointed by the Chief Justice of the Supreme Court as follows: 18
1. One Court of Appeals judge. 19
2. Two superior court judges. 20
3. Two district court judges. 21
(b) Five licensed attorneys appointed by the officers of the North Carolina State 22
Bar. 23
(c) Five citizens who are neither lawyers nor judges, active or retired, appointed 24
by the Governor. 25
(2) Public hearings and records. Any disciplinary hearing s held before and sanctions 26
imposed by the Commission as prescribed by law shall be made public." 27
SECTION 1.(b) The amendment set out in subsection (a) of this section shall be 28
submitted to the qualified voters of the State at the general election to be held on November 3, 29
2026, which election shall be conducted under the laws then governing elections in the State . 30
Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General 31
Statutes. The question to be used in the voting systems and ballots shall be: 32
"[ ] FOR [ ] AGAINST 33
Constitutional amendment to add the Judicial Standards Commissio n to the 34
Constitution to ensure that complaints against judges and justices are handled in fair, transparent, 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 1236-First Edition
and nonpartisan proceedings, and to require that the Commission's disciplinary hearings and 1
sanctions be made public." 2
SECTION 1.(c) The State Bo ard of Elections shall certify the results of the 3
referendum conducted under subsection (b) of this section. If a majority of votes cast on the 4
question are in favor of the amendment set out in subsection (a) of this section, the Secretary of 5
State shall e nroll the amendment among the permanent records of that office. If a majority of 6
votes cast on the question are against the amendment set out in subsection (a) of this section, the 7
amendment shall have no effect. 8
SECTION 1.(d) If the certification from th e State Board of Elections under 9
subsection (c) of this section reflects that a majority of votes cast on the question are in favor of 10
the amendment set out in subsection (a) of this section, the amendment set out in subsection (a) 11
of this section is effective upon certification. 12
13
AMENDING JUDICIAL STANDARDS COMMISSION STATUTES 14
SECTION 2. Article 30 of Chapter 7A of the General Statutes reads as rewritten: 15
"Article 30. 16
"Judicial Standards Commission. 17
"§ 7A-374.1. Purpose. 18
The purpose of this Article is to provide for the investigation and resolution of inquiries 19
concerning the qualification or conduct of any judge or justice of the General Court of Justice. 20
The procedure for discipline of any judge or justice of the General Court of Justice shall be in 21
accordance with this Article. Article and the North Carolina Constitution, Article IV, Section 23. 22
Nothing in this Article shall affect the impeachment of judges under the North Carolina 23
Constitution, Article IV, Sections 4 and 17. 24
… 25
"§ 7A-375. Judicial Standards Commission. 26
(a) Composition. – The Judicial Standards Commission shall consist of the following 27
residents of North Carolina: 28
(1) Two Court of Appeals judges, each appointed by the Chief Justice of the 29
Supreme Court. 30
(2) Two superior court judges, each appointed by the Chief Justice of the Supreme 31
Court. 32
(3) Two district court judges, each appointed by the Chief Justice of the Supreme 33
Court. 34
(4) Four judges appointed by the General Assembly in accordance with 35
G.S. 120-121, selected as follows: 36
a. One district court judge recommended by the President Pro Tempore 37
of the Senate. 38
b. One district court judge recommended by the Speaker of the House of 39
Representatives. 40
c. One superior court judge recommended by the President Pro Tempore 41
of the Senate. 42
d. One superior court judge recommended by the Speaker of the House 43
of Representatives. 44
(5) Four citizens who are not judges, active or retired, two appointed by the 45
Governor, and two appointed by the General Assembly in accordanc e with 46
G.S. 120-121, one upon recommendation of the President Pro Tempore of the 47
Senate and one upon recommendation of the Speaker of the House of 48
Representatives. 49
The General Assembly shall also appoint alternate Commission members for the Commission 50
members the General Assembly has appointed to serve in the event of scheduling conflicts, 51
General Assembly Of North Carolina Session 2025
House Bill 1236-First Edition Page 3
conflicts of interest, disability, or other disqualification arising in a particular case. The alternate 1
members shall have the same qualifications for appointment as the original members. 2
… 3
(b) Vacancies. – A vacancy on the Commission arises upon the resignation or death of a 4
member or if a member ceases to have the qualifications required for the member's appointment. 5
Vacancies of members, other than those appointed by the General Assembly, members are filled 6
in the same manner as the original appointment, for the remainder of the term. Vacancies of 7
members appointed by the General Assembly are filled by the alternate member appointed 8
pursuant to subsection (a) of this section and shall serve for the remainder of the unexpired term. 9
In the absence of an alternate member appointed by the General Assembly pursuant to subsection 10
(a) of this section, or if an alternate member is unable to serve, such vacancy shall be filled as 11
provided under G.S. 120-122. 12
(c) Disability or Disqualification. – If a member of the Commission appointed by the 13
Chief Justice or the officers of the State Bar becomes disabled, or becomes a respondent before 14
the Commission, the Chief Justice or the officers of the State Bar, respectively, shall appoint an 15
alternate member to serve during the period of disability or disqualification. The alternate 16
member shall be from the same division of the General Court of Justice as the judge whose place 17
the alternate member takes. If a member of the Commission becomes disabled or is disqualified 18
from participating in a disciplinary proceeding, the Governor, if he appointed the disabled 19
member, shall appoint, or the State Bar Council, if it elected the disab led member, shall elect, 20
Governor shall appoint an alternate member to serve during the period of disability or 21
disqualification. If a member of the Commission who was appointed by the General Assembly 22
becomes disabled or is disqualified from participating in a disciplinary proceeding, the chair of 23
the Commission shall call upon the alternate member appointed pursuant to subsection (a) of this 24
section. 25
… 26
"§ 7A-377. Procedures. 27
… 28
(a1) Unless otherwise waived by the justice or judge involved, involved and ex cept as 29
provided herein, all papers filed with and proceedings before the Commission, including any 30
investigation that the Commission may make, are confidential, and no person shall disclose 31
information obtained from Commission proceedings or papers filed with or by the Commission, 32
except as provided herein. Those papers are not subject to disclosure under Chapter 132 of the 33
General Statutes. 34
… 35
(a5) If, after an investigation is completed, the Commission concludes that disciplinary 36
proceedings should be ins tituted, the notice and statement of charges filed by the Commission, 37
along with the answer and all other pleadings, remain confidential. are no longer confidential and 38
shall be made public. Disciplinary hearings ordered by the Commission are confidential, shall be 39
held publicly and recommendations of the Commission to the Supreme Court, along with the 40
record filed in support of such recommendations are confidential. recommendations, shall be 41
made public. Testimony and other evidence presen ted to the Commission is privileged in any 42
action for defamation. At least five eight members of the Commission must concur in any 43
recommendation to issue a public reprimand, censure, suspend, or remove any judge. A 44
respondent who is recommended for public reprimand, censure, suspension, or removal is 45
entitled to a copy of the proposed record to be filed with the Supreme Court, and if the respondent 46
has objections to it, to have the record settled by the Commission's chair. The respondent is also 47
entitled to present a brief and to argue the respondent's case, in person and through counsel, t o 48
the Supreme Court. A majority of the members of the Supreme Court voting must concur in any 49
order of public reprimand, censure, suspension, or removal. The Supreme Court may approve the 50
recommendation, remand for further proceedings, or reject the recommendation. A justice of the 51
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Supreme Court or a member of the Commission who is a judge is disqualified from acting in any 1
case in which he is a respondent. 2
(a6) Upon issuance of a public reprimand, censure, suspension, or removal by the Supreme 3
Court, the notice and statement of charges filed by the Commission along with the answer and 4
all other pleadings, and recommendations of the Commission to the Supreme Court along with 5
the record filed in support of such recommendations, are no longer confidential. 6
…." 7
8
EFFECTIVE DATE 9
SECTION 3. Section 2 of this act becomes effective only if the constitutional 10
amendment proposed by Section 1 of this act is approved. If the constitutional amendment is 11
approved, Section 2 of this act becomes effective January 1, 2027. The remainder of this act is 12
effective when it becomes law. 13