After a Republican lawmaker filed a confidential ethics complaint against Supreme Court Justice Allison Riggs, a Democrat who wants to keep her seat on the state Supreme Court, her Republican opponent began running ads saying she was “under investigation ” because of her own ads attacking him on abortion. .
Now both sides are investigating each other for what they see as potential unethical behavior, ranging from breaches of confidentiality to inappropriate public statements.
The attacks, which now involve senior members of the Legislature and the only statewide body responsible for judicial discipline, mark a significant escalation of tensions in the campaign between Riggs and her challenger, Judge Jefferson Griffin of the Court of Appeal.
In a press release, Democratic Senate Majority Leader Dan Blue called the situation “yet another example of Republicans using every tool at their disposal to politicize our courts and bend them to their will.”
Republicans, however, say Riggs’ behavior improperly indicates how she would vote on an issue that may come before her court.
The first complaint, filed earlier this month by Sen. Buck Newton, a Wilson County Republican, alleges Riggs violated the state’s Code of Judicial Conduct when she published an ad warning that Griffin could decide to overturn an abortion ban to maintain.
Newton told The News & Observer that he saw this as “blatantly ignoring” the code by “taking a position and mischaracterizing her opponent.”
Riggs denied violating the code, writing on X: “I will not be intimidated by these Republican attacks on judicial independence and freedom of speech. All voters deserve to cast an informed vote, meaning they know about my values and can see the receipts on my opponent’s record.”
Complaints against judges go to the Judicial Standards Commission and are deemed confidential.
But according to a campaign adviser, Griffin’s ad about Riggs’ possible ethics investigation aired last week.
Then on Monday, Riggs posted a photo on social media of a letter circulating among Republican senators about the ethics complaint, which appeared to suggest lawmakers could take action against Riggs, such as impeachment.
“If judicial candidates are allowed to campaign on legislating from the bench, then we lawmakers will need to take action in the upcoming session to prevent such a violation of judicial conduct from ever happening again,” the letter says, signed by Newton and Sens. Amy Galey and Danny Britt, said.
Newton said his complaint was intended to be confidential and that he was “disappointed that anyone saw fit to make that public, including Judge Riggs, but I don’t think she’s afraid to do that.”
When asked about his thoughts on the research that Griffin first published in his ad, Newton said: “I don’t want to comment on advertising.”
Riggs’ ad targets Griffin on abortion
The ad that was the basis for Newton’s ethics complaint begins with Riggs saying that “we as women should be in charge of our own reproductive health care.”
She says Lt. Gov. Mark Robinson, the Republican candidate for governor, wants to ban abortion without exception and that her opponent “can decide whether his ban becomes law,” as text on Griffin’s image says he “could be the one to decisive vote.”
The state’s Code of Judicial Conduct limits judges’ political activities and prohibits them from speaking publicly about the merits of pending cases. This means that judicial candidates usually refrain from speaking openly about issues that may come before them in court.
Griffin has also been criticized in the past for comments about abortion, although these were made in a judicial setting.
Last year, Griffin signed a Court of Appeals opinion stating that “life begins at conception.” That opinion was withdrawn last November by three judges, including Griffin. In an interview with The News & Observer this year, Griffin said he could not provide details about why the advisory was withdrawn.
Griffin responds with ads targeting Riggs due to investigation
Shortly after Newton filed the complaint, Griffin published his own ad calling Riggs a “radical liberal” who is “under investigation by the Judicial Standards Commission for her false advertising.”
Press Millen, an attorney for Riggs, sent Griffin a cease and desist letter after the ad aired, saying it was false and that the committee had not informed Riggs that she was the subject of a formal investigation.
Millen reminded Griffin that the committee’s investigations and complaints are confidential and said using all that information to attack Riggs “would be a blatant violation of the committee’s rules in an attempt to disrupt the committee’s deliberations.” into fodder for political attacks.”
Reached by text message Tuesday, Griffin said he is currently deployed with the National Guard for hurricane relief and is prohibited from engaging in political activity while on assignment.
Paul Shumaker, an adviser to Griffin’s campaign, said Newton waived confidentiality when he sent his letter about the complaint to his Senate colleagues.
“How can a state commission have the ability to silence someone for their political speech?” he said.
When asked whether complainants can waive confidentiality by making their complaints public, a representative of the Administrative Office of the Courts said: “All proceedings before the committee are confidential, and all documents and pleadings filed with the committee will remain confidential unless the Supreme Court issues a decision. order for public discipline, or, in the case of a disability, order for suspension or expulsion.”
Griffin’s ad goes on to say that as a civil rights attorney, Riggs worked with liberal groups to launch a “radical effort to promote full access for transgender children, efforts that could lead to transgender athletes competing in female sports.”
Rep. Marcia Morey, a Durham Democrat and former judge, said Griffin’s ad does exactly what Riggs is accused of.
“They don’t like her attack ads where she states her position on specific issues, and then Judge Griffin immediately puts out a TV ad doing the same thing they’re accusing her of doing,” she said. “It just smells of politics and borders on unethical.”
Shumaker said Griffin’s ad does not take a position on transgender athletes in sports.
“It’s carefully worded,” he said. “I’ve argued every part of this with an attorney.”
Republicans appoint a majority of the Judicial Standards Commission
If the Judicial Standards Commission chooses to investigate Riggs, the process will likely remain confidential unless the Supreme Court decides to impose public discipline.
Republican lawmakers and the state’s Republican Chief Judge Paul Newby currently appoint a majority of the members of the commission, which is made up of judges and other residents. The Democratic governor appoints only two members of the fourteen-member body.
Last year, the General Assembly eliminated the State Bar’s ability to appoint four members to the commission, giving those appointments to legislative leaders.
Judge Anita Earls, the only other Democrat on the Supreme Court, sued the commission last year over its investigation into public comments she made about bias in the justice system.
Earls dropped her lawsuit after the commission ended its investigation and recommended no disciplinary action against her.
In June, ProPublica reported that the state Supreme Court declined to discipline two Republican judges who admitted violating the code of conduct.
The Judicial Standards Commission had recommended public reprimands for the two judges, one of whom got into a courtroom altercation with a defendant that led to a police officer shooting and killing the defendant, ProPublica reported, citing unnamed sources. But the court refused to do this.
Republicans control the Supreme Court and will maintain or expand their 5-to-2 majority next year depending on whether Griffin fires Riggs.
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