NC Supreme Court candidates face off over partisanship, politics and philosophy
The two candidates for North Carolina Supreme Court touched on partisanship, judicial philosophy and experience during a candidate forum Friday.
Justice Allison Riggs, a Democrat seeking to maintain her seat on the high court, is running against Court of Appeals Judge Jefferson Griffin, a Republican.
Gov. Roy Cooper appointed Riggs to the Supreme Court last year to fill a vacancy. She previously served on the Court of Appeals, also on Cooper’s appointment, making this her first run for elected office.
The outcome of this race will determine whether the state’s highest court maintains a 5-2 Republican majority, or drops to a single Democrat on a court dominated by the GOP. Justices serve eight year terms.
At Friday’s forum, hosted by the Federalist Society, Riggs and Griffin presented distinct views on the role of the judiciary and its relationship to politics.
Judicial philosophy versus methodology
Griffin, a former trial court judge and veteran, said his philosophy is that the law should be interpreted strictly as written, decrying anything further as “judicial activism.”
“An originalist approach is the most consistent way that we practice humility, that we don’t become kings in the judiciary, that we make sure the people are still in charge of the law,” he said.
Riggs, who worked as a civil rights lawyer for nearly 14 years, disagreed with the concept of judicial philosophy.
“Judicial philosophy has just become a code word for how you will vote or what your political ideology is,” she said.
“I want to be joined with smart critical thinkers, folks who are willing to discuss with different approaches and avoid group think,” she said. “So I embrace a judicial methodology, not a judicial philosophy.”
Griffin said judges owe it to citizens to explain how they will interpret the law and said his record on the bench shows he has agreed with judges who have different judicial philosophies than he has.
Politics, partisanship and campaigning
Judges in North Carolina run in partisan elections, a decision made by the state legislature which often raises questions about the role of politics in the judiciary.
Riggs and Griffin both said the decision to hold partisan elections rests with the General Assembly and does not affect their decision making.
“That’s their prerogative, and I respect it,” Riggs said. “I try to be transparent with people that I think it does create tension for an independent judiciary, but I assume it’s one that’s intended and just creates space for voters to exercise informed decision making.”
Griffin said he approaches the job much like he does as a soldier.
“I have a flag on my arm. I go in there and do my job as a soldier — I don’t go in with policy agendas,” he said. “I very much try to stay out of the fray as much as possible.”
The state’s Code of Judicial Conduct limits what political activity judges can engage in and prohibits them from speaking publicly on the merits of pending cases. This means judicial candidates usually refrain from speaking openly about issues that may come before them in court.
However, both candidates have been criticized for political statements in the past, primarily relating to abortion.
Last year, Griffin signed on to an opinion stating that “life begins at conception.” That opinion was withdrawn by three judges, including Griffin, last November. In an interview with The News & Observer this year, Griffin said he was unable to provide details about why the opinion was withdrawn.
Last month, Riggs released a campaign ad targeting Griffin on abortion.
In the ad, she says Lt. Gov. Mark Robinson, the Republican candidate for governor, wants to ban abortion with no exceptions.
“My opponent could decide if his ban becomes law,” Riggs says, as text on top of Griffin’s image says he “could be the deciding vote.”
At Friday’s forum, Griffin appeared to reference Riggs’ comments about abortion, saying: “We don’t need to be out there telling people how we’re going to vote on cases. We don’t need to be out there telling folks how another judge is going to vote on cases.”
Final thoughts
In closing, each candidate stated why they should be elected to the high court.
Riggs spoke about her track record as a civil rights attorney, noting she spent over a decade bringing cases under state and federal constitutions and even litigated alongside Republicans in the Florida legislature.
“The issues that I cared about weren’t partisan,” she said. “They were about constitutional rights and our access to democracy and the full range of the liberties and freedoms protected by our state constitution.”
Griffin also spoke on his record, having noted that if elected, he would be the only justice on the Supreme Court with experience as a trial court judge.
“What do you want out of a Supreme Court justice?” he asked. “What do you want for the future of our court system here in North Carolina? I think one of the things that we would all agree on is, everyone wants to get politics out of it. Who do you trust more to do that?”
Early voting begins on Oct. 17 and Election Day is Nov. 5.