Supreme selection
Published August 20, 2014
Editorial by Greensboro News-Record, August 20, 2014.
Gov. Pat McCrory called it one of his most important decisions when he appointed Mark D. Martin to complete Sarah Parker’s term as chief justice of the N.C. Supreme Court.
It was. The chief justice heads the third branch of government, not only leading the highest judicial panel but supervising the entire court system.
It also was an easy decision. By tradition, the senior associate justice is elevated when the chief’s position opens. Martin held that status after 16 years on the court.
At Monday’s announcement of the selection, former Chief Justice Burley Mitchell thanked McCrory for honoring the practice, which he said keeps justices from contending with each other for the promotion. Indeed, that could create damaging friction on the court.
If McCrory’s task was at all complicated, it was because Martin is also a candidate for chief justice in the November election.
The unusual circumstance occurred because of an unfair state law that sets a mandatory retirement age of 72 for all judges. Parker, elected to an eight-year term as chief justice in November 2006, reaches her 72nd birthday Saturday. She isn’t likely to become immediately incapable of performing her duties that day. Yet she is required to step down just four months before her term would expire.
The law should be rewritten, at least to allow a justice to complete her term after turning 72. And strong consideration should be given to raising the retirement age to 75. Four members of the U.S. Supreme Court are older than 75, and none is nodding off during oral arguments. They have lifetime appointments. In North Carolina, voters can “retire” judges who become ineffective. Parker served for 20 years on the court and deserved the chance to complete her term.
Nevertheless, Martin is a worthy successor. At 51, he doesn’t have to worry about retirement — unless he is defeated in the election for a full term. His opponent is Ola M. Lewis, a veteran Superior Court judge in Brunswick County.
This may have given McCrory a moment’s pause. Although judicial elections are nonpartisan, both Martin and Lewis are registered Republicans. By appointing Martin, the Republican governor could appear to be taking sides.
But North Carolina tradition made the selection almost automatic. What reason could have compelled McCrory to overlook the senior associate justice when making this appointment? None. If voters object, they can replace Martin with Lewis in November.
Martin’s credentials are strong. He previously served as a judge on the Superior Court and Court of Appeals. He’s chairman of the judicial division for the American Bar Association. He’s part of a centrist majority on the court. He’s written a plan for improving the administration of justice in North Carolina. That includes pursuing “adequate and sustainable funding” for the courts, which have been shortchanged for many years.
So the governor also should help Martin succeed by making sure North Carolina has the resources to provide a strong system of justice for all.
