On Monday, June 8, 2026, Enlace Latino NC reported that Democratic representatives in the North Carolina General Assembly introduced three constitutional amendments on June 3, aimed at strengthening judicial ethics and the separation of powers.

These proposed amendments, if approved, are intended to foster a more independent judiciary and would appear on the November 2026 ballot. However, their legislative journey faces uncertainty due to the Republican majority in the General Assembly.

The amendments focus on establishing robust ethical standards for the state Supreme Court, with the overarching goals of bolstering public confidence in the judiciary and preserving the separation of powers within state government. Democratic Representative Marcia Morey emphasized the necessity of these amendments to address serious concerns about the fair and impartial administration of justice in North Carolina.

One key proposal, HB 1034, titled “Constitutional Amendment/Supreme Court Ethics,” was introduced by Representative Deb Butler. This measure seeks to implement stricter rules regarding integrity and conflicts of interest for Supreme Court justices. It mandates that judges recuse themselves from cases where conflicts of interest are present.

Specifically, judges would be required to recuse themselves if they own stock or other financial interests valued at $10 or more in a company involved in the litigation. Additionally, recusal is required if a judge’s spouse, close relatives, or their spouses are involved in the litigation, act as attorneys, have vested interests in the outcome, or could serve as important witnesses.

The amendment also introduces a restriction for former legislators serving on the Supreme Court. If a judge was previously a member of the General Assembly and sponsored a law, they would be obligated to recuse themselves from cases challenging the constitutionality or legality of that specific law.

Lawmakers cited the case of Republican Judge Phil Berger Jr., who they stated had previously refused to recuse himself from cases involving his father, the state Senate leader. Furthermore, HB 1034 would require judges to provide more detailed asset declarations, including reporting any stock, property, or other asset transactions valued at $10 or more within 45 days, any income beyond their state salary, and the sources of sponsored travel. This bill has passed its first reading and is currently in the House Rules and Operations Committee.

Another significant amendment, HB 1035, titled “Restoration of the Separation of Powers and Legislative Transfer,” aims to reinforce the principle of separation of powers in North Carolina. Introduced by Representatives Butler, Rubin, Morey, and Tim Longest, this bill addresses the balance of power between branches of government. Representative Phil Rubin stated that while the Constitution assigns executive power to the governor, the amendment seeks to ensure this principle is upheld, especially when courts do not enforce it.

The measure aims to limit the ability of legislators to pass laws that unduly interfere with the governor’s authority. It also introduces new transparency rules for the legislative process, such as limiting bills to a single topic and restricting substantial changes to a bill’s original purpose during its passage, with exceptions for budgetary, tax, or technical correction laws. This amendment also requires greater public notice before laws are finalized, including prior publication of bill text and advance notification of final votes. HB 1035 has also passed its first reading and is in the House Rules and Operations Committee.

The third amendment, HB 1036, “Constitutional Amendment / Judicial Standards Commission,” introduced by Representative Morey, seeks to reform the North Carolina Judicial Standards Commission, which handles complaints against judges. Morey contends that the commission has been misused to target Democratic Supreme Court justices with frivolous complaints, citing an anonymous complaint against Judge Anita Earls for speaking out against racial bias.

This amendment proposes changes to the appointment process for commission members, with the body to be composed of judges, attorneys, and designated citizens. It also introduces alternate members and modifies confidentiality rules for disciplinary proceedings, making certain hearings and sanctions public once the process advances to the state Supreme Court. However, initial investigation stages will remain confidential until formal charges are filed. This bill has also passed its first reading and is in the House Rules and Operations Committee.

The non-profit organization Common Cause NC has applauded the introduction of these amendments, asserting that they will strengthen judicial ethics and safeguard the system of checks and balances. The organization urged the legislature to pass these amendments promptly to allow North Carolina residents to vote on them in the November elections.

Despite the sponsors’ hopes, the legislative progress of these proposed amendments is not guaranteed given the current political composition of the General Assembly. Representative Morey expressed skepticism about their passage during the current legislative session, stating, “None.” However, Representative Rubin highlighted that the amendments are “neutral” and not designed to benefit any single party.

 

 

Source: Enlace Latino NC