RALEIGH, N.C. (AP) — North Carolina Gov. Roy Cooper and newly elected Gov. Josh Stein on Thursday challenged the constitutionality of part of a law passed just a day earlier by the Republican-dominated General Assembly that Stein’s powers and those of other top Democrats were elected to statewide office last month.
Stein, the retiring attorney general, and Cooper, another Democrat who left office shortly after eight years, focused their lawsuit in Wake County Superior Court on a provision that would prevent Stein from choosing his own commander of the State Highway Patrol . If that part of the law remains in place, the current commander appointed by Cooper more than three years ago could be poised to stay in place until June 2030 — 18 months after the end of the term Stein was elected to.
According to the lawsuit, the current commander, Col. Freddy Johnson, would receive an exclusive appointment for five years. It would also prevent the governor from ensuring that state laws are faithfully implemented through his key executive and law enforcement functions, as the commander would be effectively unaccountable, the lawsuit said.
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“This law threatens public safety, breaks the chain of command during a crisis, and thwarts the will of the voters,” Stein said in a news release. “Our people deserve better than a power-hungry legislature that puts political games above public safety.”
The lawsuit seeks to block the General Assembly’s restriction on appointments while the lawsuit is pending, and ultimately declare the provision inconsistent with the North Carolina Constitution.
There are likely more lawsuits.
The entire bill received final approval on Wednesday with a successful vote by the House of Representatives over Cooper’s veto. It also shifts the appointing powers of the State Board of Elections from the governor to the state auditor — who will be a Republican next month — in May. The governor’s powers to fill vacancies on the state Supreme Court and Court of Appeals were also weakened. And the attorney general — alongside Democrat Jeff Jackson — will be prevented from taking legal positions contrary to the General Assembly in lawsuits challenging the validity of a law.
The Highway Patrol was an agency under the Cabinet-level Department of Public Safety, with the leader of the troopers selected to serve at the governor’s pleasure. The new law makes the patrol an independent cabinet-level department and calls for the governor to appoint a commander for a five-year term, subject to confirmation by the General Assembly.
But the law initially states that on a specific day last month — Johnson is not named — the patrol commander would continue to serve until next July and serve the five-year term “without additional appointment by the governor or confirmation by the General Assembly.” Only death, resignation or incapacity for work can change that.
This configuration could cause the “legally appointed commander” to feel empowered to delay or reject directions from the governor because his post is secure, the lawsuit said.
Spokespeople for House Speaker Tim Moore and Senate Majority Leader Phil Berger did not immediately respond to an email Thursday evening seeking comment on the lawsuit. Neither did Johnson, a patrol spokesman said.
