Democrats Renew Calls for North Carolina Judge Phil Berger Jr. to Recuse Himself from Cases Involving His Father

On Thursday, August 29, 2024, News From The States reported that Democrats in North Carolina renewed their calls for Supreme Court Justice Phil Berger Jr. to recuse himself from two cases involving his father, Senate leader Phil Berger.

The cases in question involve challenges by Democratic Governor Roy Cooper to laws passed by the Republican-controlled legislature that reduced his powers over appointments to various state boards and commissions. One of the laws specifically transfers the authority to appoint members of election boards from the governor to legislative leaders like Senator Berger, who is a named defendant.

Democrats argue that Justice Berger Jr. lacks impartiality in these cases given his close familial relationship with his father, who stands to benefit from rulings favoring the legislative defendants. However, the North Carolina Supreme Court denied Governor Cooper’s motion last week that sought Berger Jr.’s recusal.

At a press conference, state Democratic Party chair Anderson Clayton criticized the Republican supermajority in the legislature for “trying to further rig our election system against voters.” He alleged they passed these laws preemptively out of fear of losing seats in November.

Former judge and representative Marcia Morey said that even being Facebook friends with lawyers involved in a case was cause for her to order recusals in the past. She believes Berger Jr.’s hearing arguments involving his father directly damages public trust in the judiciary. Another critic argued the two are within a prohibited first-degree relationship under judicial conduct rules.

However, even if Berger Jr. did recuse, the conservative majority would still control the cases. Critics noted key differences with a recusal refusal by Justice Anita Earls in another long-running case.

The story detailed past failed GOP efforts to restructure election boards and the temporary injunction against the current law that is under review. It concluded with a county commissioner reiterating calls for Berger Jr. to recuse and restore confidence in the independent judiciary.

Source: News From The States