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RES-2018-013 DRAFT <br />ORANGE COUNTY BOARD OF COMMISSIONERS <br /> <br />RESOLUTION <br /> <br />OPPOSING A CHANGE FROM ELECTION OF JUDGES <br /> <br />WHEREAS, the North Carolina State Constitution [Constitution] established three branches of <br />government: Executive, Legislative and Judicial; and <br /> <br />WHEREAS, the Constitution also established the roles and responsibilities of each said branch <br />of government, and how individuals seeking to serve in each branch is to be elected; and <br /> <br />WHEREAS, this delineation of separate branches is essential to the maintenance of a balance of <br />powers that ensures the unfettered and effective function of our democratic form of government; <br />and <br /> <br />WHEREAS, the North Carolina General Assembly currently is debating the merits of amending <br />the Constitution so as to allow the appointment of judges rather than the historical and <br />Constitutional method of electing judges by a vote of the people; and <br /> <br />WHEREAS, the Orange County Board of Commissioners [BOCC] believes that members of the <br />judicial branch of government should continue to be elected by the voters, as opposed to being <br />selected by members of the legislative branch or by some other process that may be established <br />by the legislative branch; and <br /> <br />WHEREAS, the Orange County Board of Commissioners supports maintaining the current <br />Judicial District System, and opposes division into sub-districts; and <br /> <br />WHEREAS, forcing judges to run for election on a frequent basis, such as every two years, has <br />the potential of politicizing their decision-making, thus undermining the independence that is at <br />the heart of a free and fair judiciary; and <br /> <br />WHEREAS, at its regular meeting on March 8, 2018, the BOCC voted unanimously to send this <br />resolution to its state legislative delegation as well as to the boards of county commissioners of <br />all other 99 North Carolina counties; <br /> <br />NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of County <br />Commissioners herewith opposes any amendment to the North Carolina Constitution that would <br />abridge or impinge upon the right of the people of North Carolina to elect their judges; and <br /> <br />BE IT FURTHER RESOLVED, that the Orange County Board of County Commissioners <br />affirms its position in favor of an independent judiciary, as now provided in the North Carolina <br />State Constitution. <br /> <br />This the 8th day of March, 2018. <br /> <br />____________________________________ <br />Mark Dorosin, Chair <br />Orange County Board of Commissioners <br />2