Governor Stein Vetoed HB 377. Now We Must Protect Judicial Independence.

N.C. For The People Action and 13 partner organizations warned that HB 377 would concentrate disciplinary power and expose judges to serious consequences before misconduct had been established. Governor Stein listened. Now lawmakers must uphold his veto.

By Beatrice Beaubrun | August 18, 2026

On August 17, Governor Josh Stein vetoed House Bill 377, rejecting a sweeping court package that threatened the independence of North Carolina judges.

This veto is a victory for fair courts and the rule of law. It is also proof that coordinated advocacy matters.

Days before the governor acted, N.C. For The People Action joined 13 civil rights, voting rights, and advocacy organizations in calling for a veto. Our coalition warned that HB 377 would place greater disciplinary power in the hands of the Chief Justice and the North Carolina Supreme Court while creating new risks for judges whose decisions or public statements draw political criticism.

Governor Stein acted. Now North Carolinians must make sure the General Assembly does not reverse that decision.

What HB 377 Would Do

HB 377 contains numerous changes to North Carolina court and estate laws. The central threat to judicial independence appears in Section 28 of the ratified bill.

That section would:

• Allow the Chief Justice to suspend a trial judge without pay while an investigation or disciplinary proceeding is still pending. The Judicial Standards Commission would first have to recommend suspension after finding that the judge’s continued service would cause immediate and irreparable harm to the public or the administration of justice. The Supreme Court would also be required to establish rules protecting due-process rights before a suspension.

• Permit serious consequences before a final determination of misconduct. Even with those procedural requirements, an elected judge could lose judicial duties and compensation before the investigation or proceeding had been resolved. Compensation would later be restored unless the Supreme Court ultimately ordered suspension or removal, but the professional and financial pressure would begin immediately.

• Give the Supreme Court broader discretion over discipline. HB 377 would allow the Court to modify the Judicial Standards Commission’s recommendation and impose discipline at the Court’s discretion.

These are not minor administrative changes. They would widen the authority to impose professional and financial consequences through a disciplinary structure already vulnerable to political influence.

In his veto message, Governor Stein warned that the legislation would give the Chief Justice a power that no other chief justice in the country holds. He also noted that the Chief Justice and legislative leadership control nearly all appointments to the Judicial Standards Commission.

Why Judicial Independence Matters

Judicial accountability is essential. Judges who engage in genuine misconduct must face a fair, credible, and independent process. But accountability cannot become a pretext for political pressure.

Judges must be able to decide cases based on the facts and the law. They should not have to calculate whether an unpopular ruling could threaten their salary, career, or ability to remain on the bench. The possibility of an unpaid suspension before a final determination can create a chilling effect even when that power is never used.

North Carolina has already seen how judicial discipline can become politically contentious. In 2023, Justice Anita Earls faced a Judicial Standards Commission investigation after speaking publicly about racial bias and diversity in the judiciary. The investigation ended after she filed a federal First Amendment lawsuit. HB 377 would add another powerful tool to a system that must be insulated from retaliation and partisan pressure.

North Carolina Is Part of a National Fight

The threat is not limited to one bill or one state. The Brennan Center for Justice

identified at least 117 bills attacking judicial independence or court powers in 2025. Nineteen of those bills sought to politicize judicial discipline, and four became law.

The pattern is clear. When courts issue rulings political leaders dislike, some lawmakers respond by trying to weaken judicial authority, restructure oversight, or make judges more vulnerable to punishment.

North Carolina should reject that playbook. Independent courts protect the rule of law and the rights of every North Carolinian, regardless of which party controls the legislature or who sits on the bench.

The Veto Is Not the Finish Line

Under the North Carolina Constitution, lawmakers can override a governor’s veto with support from three-fifths of the members present and voting in each chamber. The House adopted the final conference report for HB 377 by a 62 to 45 vote. That was less than three-fifths of those voting, which means there is a real path to stopping an override if lawmakers who opposed the final bill remain united and present.

North Carolinians must act now.

Tell Your Lawmakers: Uphold the Veto

Find your North Carolina House and Senate members, then call or email both offices. Ask them to oppose any attempt to override Governor Stein’s veto of HB 377.

You can say:

I am a constituent asking you to uphold Governor Stein’s veto of House Bill 377. Judicial accountability must be fair, independent, and protected from political pressure. Please oppose any attempt to override the veto.

Governor Stein did his part. Now the General Assembly must protect judicial independence and uphold the veto.

Fair courts are not optional. They are essential to democracy.

Coalition signers: ACLU of North Carolina; Advance Carolina; Common Cause North Carolina; Democracy North Carolina; El Pueblo Inc.; Emancipate NC; Forward Justice Action Network; League of Women Voters of North Carolina; NAACP North Carolina State Conference; N.C. Asian Americans Together in Action; N.C. For The People Action; NC League of Conservation Voters; North Carolina Black Alliance; and Pro-Choice North Carolina.

Read the coalition’s full veto letter