N.C. Supreme Court Opinion on Judicial Retention Elections

The North Carolina Supreme Court released a “batch” of opinions today. Unusually, there was only one:

Faires v. State Bd. of Elections, (84A16). Appeal from three-judge panel decision declaring facially unconstitutional a law permitting the voters to decide on retention of an incumbent Justice of the N.C. Supreme Court.

Also unusual, with Justice Edmunds sitting out, the Court was equally divided.

Accordingly, the judgment of the three-judge panel of the Superior Court, Wake County is left undisturbed and stands without precedential value. See, e.g., State v. Long, 365 N.C. 5, 705 S.E.2d 735 (2011) (per curiam); State v. Greene, 298 N.C. 268, 258 S.E.2d 71 (1979) (per curiam).