RALEIGH, N.C. (WRMT) – On Tuesday, a federal judge ruled that the state can pursue an ethics investigation into North Carolina Supreme Court Justice Anita Earls.
In August, Earls filed a lawsuit alleging the Judicial Standards Commission had violated her First Amendment rights for investigating comments she made about the lack of diversity in the state judiciary.
On August 15th, the commission sent Earls a confidential email saying it would investigate and potentially punish her for discussing with a journalist about the state Supreme Court, the legal system and the administration of justice.
On Tuesday, Federal District Court Judge William O’Steen denied Earls’ motion.
In a 54-page opinion, Judge O’Steen wrote:
“It appears to this court that the Commission’s process of confidentially investigating complaints, either dismissing complaints, conducting confidential investigations, or bringing formal charges, conducting a hearing at which an accused judge has the right to present evidence, and then either dismissing the complaint, issuing a private letter of caution, or recommending that the North Carolina Supreme Court evaluate the matter and issue an appropriate consequence, is narrowly tailored to serve the State’s interest in maintaining the integrity and the appearance of integrity of the judiciary.”
Judge O’Steen further stated that a judge is subject to the code of ethics upon taking office. He continued to write that because the disciplinary process for handling alleged violations is done confidentially it “does not affect the judge’s public image or daily responsibilities in the early stages of an investigation or if a complaint is dismissed.”
The investigation is ongoing.
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