On Friday, March 14, 2025, WUNC reported that the recusal of Judge Tom Murry from a significant legal matter in North Carolina is under scrutiny amid a contested Supreme Court race. Judge Murry, who serves on the North Carolina Court of Appeals, has not publicly confirmed whether he will step aside from hearing the case involving Republican candidate Jefferson Griffin.
Griffin has appealed a trial court decision that dismissed his efforts to challenge the validity of over 65,000 ballots in his race against incumbent Democrat Allison Riggs for a seat on the state Supreme Court. Griffin’s campaign claims that irregularities in the voting process contributed to his narrow loss, which was determined by a margin of just 734 votes after two recounts.
The North Carolina State Board of Elections dismissed Griffin’s protests, stating there was insufficient evidence to support claims of voter ineligibility or issues with the ballots in question. Subsequently, a Wake County Superior Court judge upheld this dismissal, prompting Griffin to take the matter to the state Court of Appeals.
Judge Murry’s involvement in the situation is complicated by his previous financial contributions to Griffin’s legal defense fund, totaling $5,000 from his campaign committee. This has raised concerns about potential bias, as Riggs has formally requested Murry’s recusal from the case. In her motion, Riggs emphasized the importance of public confidence in the judiciary, arguing that Murry’s financial support for Griffin presents a conflict of interest.
Riggs’ motion referred to Murry’s contribution as “material aid” to Griffin and expressed caution, suggesting that this motion for recusal may be unnecessary if Murry has already decided to recuse himself. However, Murry has yet to respond to inquiries regarding his potential recusal, both from WUNC and through formal channels of the North Carolina Administrative Office of the Courts.
In addition to seeking Murry’s recusal, Riggs has requested that Griffin’s appeal be heard by the full Court of Appeals rather than the usual three-judge panel. This en banc hearing is argued to be essential due to the significant issues at stake, including the integrity of the electoral process. Riggs’ attorneys contend that the case warrants full court consideration to ensure a thorough examination of the legal questions involved.
Griffin, on the other hand, has opposed Riggs’ motions, claiming that it is premature to discuss Murry’s recusal as a panel has yet to be established to hear the case. He further asserts that there is no current indication that Murry will be included in the panel, thereby questioning the necessity of the recusal motion. Griffin’s legal team also argued that the motion did not adequately justify why Murry’s participation in procedural matters should be called into question.
The North Carolina Code of Judicial Conduct prohibits judges from making financial contributions to other candidates or campaign committees, but it allows for contributions to political parties and organizations. This creates ambiguity regarding whether Murry’s financial support for Griffin’s legal fund constitutes a breach of the conduct code.
Legal ethics professor Ellen Murphy noted that the situation falls into a gray area and highlighted the need for clarity on the matter.
Murphy reiterated the importance of public perception regarding judicial impartiality, stating that a judge’s conduct must promote confidence in the integrity of the judiciary. She stressed that the appearance of partiality could undermine public trust, which is critical for the judiciary’s effective functioning.
As the case progresses, the implications of Murry’s potential recusal remain significant. If Murry were to step aside, the full Court of Appeals would consist of 13 judges instead of 14, eliminating concerns of a tie vote on the appeal. Regardless of the outcome at the appellate level, the final decision is likely to be appealed to the state Supreme Court, where it would be reviewed by six judges, as Riggs has also recused herself from that proceeding.
Source: WUNC
