Judicial Panel Rules in Favor of Legislative Leaders in Highway Patrol Commander Dispute
RALEIGH, NC – In a decisive ruling, a three-judge panel has favored state legislative leaders over Governor Josh Stein in a contentious legal battle regarding the appointment of the State Highway Patrol commander. The panel, comprising two Republicans and one Democrat, issued their unanimous decision shortly after hearing oral arguments on Monday.
Stein, a Democrat and the plaintiff in this case, challenged the constitutionality of Senate Bill 382, which elevates the Highway Patrol to a Cabinet-level agency and limits the governor’s power regarding appointments. Specifically, the legislation mandates that the current commander, Freddy Johnson, be appointed to a five-year term starting July 1, effectively removing Stein’s authority to either select a different candidate or dismiss Johnson.
In their ruling, the judges stated, “Plaintiff has failed to demonstrate, beyond a reasonable doubt, that the General Assembly’s act is unconstitutional,” asserting that Stein is not entitled to judgment on any of his claims.
Attorney Eric Fletcher, representing Stein, argued that the bill undermines the separation of powers by allowing the legislature to exert control over an executive branch appointment. Conversely, legal representatives for the Republicans contended that the case should be dismissed since Stein did not express a desire to remove Johnson and referred to his claims as theoretical.
“This case is about control of the governor’s cabinet — plain and simple,” Fletcher claimed, emphasizing the implications for executive authority and law enforcement in North Carolina.
Judges recognized the urgency of the case and pledged a prompt decision. With this ruling now in effect, Johnson remains in his position unless a higher court intervenes, highlighting the ongoing tensions between the legislative and executive branches in North Carolina’s political landscape.
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