Democrats in the North Carolina House Election Law Committee read a bill that would limit the governor's power to appoint new district attorneys. A hearing to advance the bill was called with less than an hour's notice Tuesday. (Photo: Galen Bacharier/NC Newsline)
Latest proposal to limit Democratic governor’s powers targets DAs. Democrats say it’s unconstitutional and blast hastily called committee
North Carolina House Republicans are moving a bill that would curb Gov. Josh Stein’s ability to appoint new district attorneys, calling a last-minute committee hearing Tuesday to advance the legislation.
Under current law, Stein, a Democrat, can fill any district attorney vacancy with the candidate of his choice. House Bill 478 would require Stein to select a candidate from a list of three provided by the political party with which the previous DA was affiliated. That means Stein would be required to select a Republican to replace a Republican, or a Democrat to replace a Democrat.
The bill “adds a safeguard and ensures local voices,” said Rep. Jennifer Balkcom (R-Henderson), and “strengthens transparency and fairness.”
Republicans scheduled the hearing of the election law committee less than an hour before it began, and did not publicly distribute an amended copy of the bill beforehand. Democrats read paper copies of the new version minutes before committee debate began Tuesday morning.
Discussion of the bill comes as similar restrictions to Stein’s appointment powers are being litigated. A Republican-crafted law passed last year limits who the governor can appoint to fill vacancies on both appellate courts and state board of elections. Stein has sued to block both sections; both suits are pending in state courts.
Democrats objected to both the last-minute hearing and the bill itself, which they argued was unconstitutional.
“I think courts should strike this down if we pass it, but we shouldn’t give them that chance,” said Rep. Phil Rubin (D-Wake). “It’s pretty clear cut.”
Rep. Sarah Stevens (R-Surry)Rep. Sarah Stevens (R-Surry), the committee chair, remarked that “we do this in the judicial process and it’s never been questioned.”
“It’s currently in court,” Rubin replied.
“Well, this may join it in court,” Stevens said.
The hearing took place while Associate Justice Allison Riggs, a Democrat and the winner of the state Supreme Court race, was formally sworn into office blocks away.
Asked about why the last-minute committee was called, Stevens, who announced last month that she will run for the state Supreme Court seat held by Justice Anita Earls, told NC Newsline, “I was asked to call a committee hearing so we had something to vote on.”
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