HomeMy WebLinkAboutAgenda - 03-08-2018 4-a - Resolution Opposing a Change from Election of Judges
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 8, 2018
Action Agenda
Item No. 4-a
SUBJECT: Resolution Opposing a Change from Election of Judges
DEPARTMENT: Board of Commissioners
ATTACHMENT(S):
Draft Resolution
INFORMATION CONTACT:
Donna Baker, 919-245-2130
PURPOSE: To consider a draft Resolution Opposing a Change from Election of Judges.
BACKGROUND: At the January 23, 2018 Regular Board meeting, the Board requested that a
resolution be prepared for the Board’s consideration expressing support for the current system
of electing judges in North Carolina and opposing any change to that system. A draft resolution
that has been reviewed by the County Attorney is attached.
FINANCIAL IMPACT: There is no financial impact associated with considering the resolution.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
• GOAL: ENABLE FULL CIVIC PARTICIPATION
Ensure that Orange County residents are able to engage government through voting and
volunteering by eliminating disparities in participation and barriers to participation.
RECOMMENDATION(S): The Manager recommends that the Board consider the attached draft
resolution, and if approved, authorize the Chair to sign the resolution.
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RES-2018-013 DRAFT
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION
OPPOSING A CHANGE FROM ELECTION OF JUDGES
WHEREAS, the North Carolina State Constitution [Constitution] established three branches of
government: Executive, Legislative and Judicial; and
WHEREAS, the Constitution also established the roles and responsibilities of each said branch
of government, and how individuals seeking to serve in each branch is to be elected; and
WHEREAS, this delineation of separate branches is essential to the maintenance of a balance of
powers that ensures the unfettered and effective function of our democratic form of government;
and
WHEREAS, the North Carolina General Assembly currently is debating the merits of amending
the Constitution so as to allow the appointment of judges rather than the historical and
Constitutional method of electing judges by a vote of the people; and
WHEREAS, the Orange County Board of Commissioners [BOCC] believes that members of the
judicial branch of government should continue to be elected by the voters, as opposed to being
selected by members of the legislative branch or by some other process that may be established
by the legislative branch; and
WHEREAS, the Orange County Board of Commissioners supports maintaining the current
Judicial District System, and opposes division into sub-districts; and
WHEREAS, forcing judges to run for election on a frequent basis, such as every two years, has
the potential of politicizing their decision-making, thus undermining the independence that is at
the heart of a free and fair judiciary; and
WHEREAS, at its regular meeting on March 8, 2018, the BOCC voted unanimously to send this
resolution to its state legislative delegation as well as to the boards of county commissioners of
all other 99 North Carolina counties;
NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of County
Commissioners herewith opposes any amendment to the North Carolina Constitution that would
abridge or impinge upon the right of the people of North Carolina to elect their judges; and
BE IT FURTHER RESOLVED, that the Orange County Board of County Commissioners
affirms its position in favor of an independent judiciary, as now provided in the North Carolina
State Constitution.
This the 8th day of March, 2018.
____________________________________
Mark Dorosin, Chair
Orange County Board of Commissioners
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