On Tuesday, January 7, 2025, The Assembly reported that several judicial candidates in North Carolina have made political donations that violate the state’s Code of Judicial Conduct. This analysis revealed that these contributions continued even after individuals filed to run for judicial office.

One notable case is that of Billy Strickland II, who was recently sworn in as Wayne County Superior Court judge. Strickland, a former bull rider and farmer turned lawyer, contributed over $15,000 in 2024 to multiple Republican candidates, including Nikki Haley, Donald Trump, Mark Robinson, and Hal Weatherman. Such donations are prohibited under North Carolina judicial ethics rules, which aim to maintain the impartiality and integrity of the judiciary.

The investigation found that six other attorneys running for judicial seats and eight sitting judges also made political donations, as confirmed by data from Open Secrets. For instance, Steve Bibey, a district court judge in the Sandhills, made at least nine donations between 2014 and November 2023, despite being a judicial candidate or judge for most of that period.

The Judicial Standards Commission is responsible for enforcing the Code of Judicial Conduct, which includes offering guidance and training to judges and investigating complaints from the public. However, Brittany Pinkham, the executive director of the commission, declined to comment on the enforcement history of the prohibition against political donations.

North Carolina ranks as one of the most secretive states regarding judicial discipline, with the commission’s proceedings and records remaining confidential unless the state Supreme Court orders public discipline. This lack of transparency follows a legislative change in 2013, which restricted public access to the commission’s hearings and records.

Judicial candidates who are not already serving judges must adhere to the Code of Judicial Conduct as mandated by the North Carolina State Bar. Katherine Jean, a bar counsel since 2005, stated that she could not recall any instances where the issue of political donations had been raised.

Ellen Murphy, a law professor at Wake Forest University and a member of the bar’s ethics committee, expressed disappointment over the pattern of donations uncovered by The Assembly. She emphasized that judges must maintain impartiality and public perception of an unbiased judicial system. Murphy noted that repeated donations from sitting judges indicated a lack of enforcement of ethical standards.

As public confidence in the judiciary declines nationally, experts have observed a trend toward increased politicization in court systems over the last 15 years. Charles Geyh, a legal professor specializing in judicial ethics at Indiana University, stated that as judicial elections become more partisan, the notion that judges are distinct from other political candidates is increasingly difficult to uphold.

Strickland was reportedly unaware of the prohibition against political donations when he filed to run for judge. He learned about the restriction during a forum hosted by local organizations, where his opponent accused him of unethical behavior due to his contributions. Following the forum, the James campaign released an advertisement highlighting Strickland’s donations and called for a focus on legal qualifications rather than political affiliations.

Strickland claimed he had not fully grasped the rules regarding political contributions and expressed surprise at the backlash. After realizing the violation, he requested reimbursement from the campaigns he had donated to and reported that most complied.

Other judicial candidates also indicated a lack of awareness regarding the ethical guidelines. Jamal Summey, who made several donations to Democratic candidates while campaigning for a district court seat, admitted he was unfamiliar with the specific rules governing judicial candidates.

While the “How was I to know?” defense has some validity, Geyh pointed out that North Carolina attorneys are required to pass an ethics examination that covers these provisions. He likened the oversight to an individual claiming ignorance of burglary laws.

The report indicated that both Republican and Democratic judicial candidates demonstrated similar rates of political donations. Strickland, who was elected as a Republican, led other candidates in contributions this election cycle, with none surpassing $1,000. Bibey showed a pattern of donations dating back to 2013, with contributions made while serving as a judge.

The Judicial Standards Commission faces challenges in balancing judges’ free speech rights with the public’s expectation of impartial justice. Legal precedents have complicated the governance of judicial ethics, leading to ongoing disputes regarding permissible political commentary by judges.

In recent developments, the commission has faced scrutiny after political changes affected its structure, raising concerns about its neutrality and enforcement capabilities. This situation reflects broader tensions within North Carolina’s judicial framework, where allegations of political motivations in disciplinary actions have emerged.

In summary, the analysis by The Assembly sheds light on ongoing ethical concerns surrounding political donations made by judicial candidates in North Carolina, highlighting the need for greater clarity and enforcement of judicial conduct rules.

 

 

Source: The Assembly