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Last fall, out of public view, the North Carolina Supreme Court squashed disciplinary action against two Republican judges who had admitted that they had violated the state’s judicial code of conduct, according to three sources with direct knowledge of the decisions.
One of the judges had ordered, without legal justification, that a witness be jailed. The other had escalated a courtroom argument with a defendant, which led to a police officer shooting the defendant to death. The Judicial Standards Commission, the arm of the state Supreme Court that investigates judicial misconduct by judges, had recommended that the court publicly reprimand both women. The majority-Republican court gave no public explanation for rejecting the recommendations — indeed, state law mandates that such decisions remain confidential.
The sources spoke to ProPublica on the condition of anonymity because many of the actions and decisions of both institutions are confidential and because the sources said they feared retaliation.
When it comes to disciplining judges, North Carolina is one of the most secretive states in America, according to data from the National Center for State Courts’ Center for Judicial Ethics. Over half of states make disciplinary proceedings against judges public once charges are filed with their judicial ethics commission. Another dozen make them public if they reach the state’s supreme court. North Carolina is one of only three states, in addition to the District of Columbia, to release information only at the last possible stage of the process — after the Supreme Court orders discipline.