Title: Legal Battle Over Highway Patrol Leadership Continues in North Carolina
Raleigh, NC – In a significant legal confrontation, Governor Josh Stein, state legislative leaders, and North Carolina Highway Patrol Commander Freddy Johnson have all submitted motions requesting a three-judge panel to issue a summary judgment regarding the controversial Senate Bill 382 (SB 382). This bill, enacted in 2024, has sparked a lawsuit initiated by Stein challenging a provision that prevents him from appointing a new state patrol commander. A hearing is set for June 16.
Stein’s lawsuit, filed in December, contests that the law effectively mandates Johnson to remain in his position until 2030, thus stripping the Governor of powers to appoint or dismiss his Cabinet members. The Governor’s counsel argues that this constitutes a violation of the state constitution’s separation of powers, stating, "Senate Bill 382 strips the Governor of all three of these powers with respect to the next Commander of the State Highway Patrol."
Conversely, legislative leaders assert the General Assembly’s constitutional authority to reorganize state agencies, including the enforcement of law and public safety. They argue that Stein’s complaint is more about losing discretion over Johnson’s position rather than any genuine concern over patrol operations.
In a similar vein, Commander Johnson’s defense underscores the Assembly’s intent to stabilize leadership during a critical restructuring phase of the Highway Patrol, claiming that the law is both necessary and justifiable.
The outcome of this case could have lasting implications for the delineation of powers between the North Carolina Governor’s Office and the General Assembly, as both sides prepare to present their respective arguments in court. With political tensions at a peak, the judges’ ruling will test the limits of executive authority in state governance.
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