Court lets Stein fill statewide judicial vacancies as he sees fit, strips him of other appointment powers

A three-judge panel sided with Stein on filling Court of Appeals and Supreme Court vacancies, but backed Republican lawmakers over Building Code Council and Utilities Commission appointment changes.

North Carolina Gov. Josh Stein addresses reporters at a news conference on March 19, 2025.

A three-judge panel on the Wake County Superior Court on Tuesday delivered mixed results for Democratic Gov. Josh Stein and Republican lawmakers.

In a unanimous order, the judges held that Stein is to retain his ability to fill vacancies on the state Court of Appeals and Supreme Court as he sees fit— an important power that Republican lawmakers sought to curtail through last year’s Senate Bill 382.

Under SB382, Stein would’ve been required to fill a statewide judicial vacancy with someone of the same political party as the departing judge or justice (the executive committee of the state political party of the vacating court official would’ve submitted a list of names to the governor). While such a situation may seem unlikely to happen, one did occur in 2019.