NC Supreme Court justice’s position in GOP major questioned


NC Court of Appeal Chief Judge Donna Stroud, left, and District Court Judge Beth Freshwater Smith

On Dec. 6, District Court Judge Beth Freshwater Smith filed paperwork that formally made her a candidate for the North Carolina Court of Appeals. Soon after, she posted pictures of the occasion on Facebook.

In one picture, she stands subsequent to Phil Berger Jr. A justice on the state’s highest courtroom and the son of its Senate chief, he flashes a thumbs up for the digicam. Sen. Jim Perry, the state Senate’s majority whip, posted a remark early the following morning: “Two good eggs!

With assist from a number of of North Carolina’s strongest legislators, Freshwater Smith is working in opposition to Donna Stroud, the present chief decide of the Court of Appeals, in a Republican major. The race has been marked by aggressive political ways, flows of darkish cash and an uncommon – and a few say problematic – diploma of involvement from sitting Supreme Court justices.

One of these justices, Berger, has appeared as a proxy for Freshwater Smith, contributed marketing campaign funds to a PAC that attacked her opponent and advised in texts and social media messages that the incumbent is insufficiently loyal to the GOP.

In addition to the Republican lawmakers who’re a few of her greatest political donors, Freshwater Smith has outdoors PAC assist that’s funded not directly by the Republican State Leadership Committee, a nationwide group centered on growing GOP energy in state legislatures.

North Carolina judges at the moment are elected in partisan elections, however that has not at all times been the case. Some authorized observers surprise if the contentious race is an indication that the gushing donations and heightened partisanship which have come to characterize state excessive courtroom elections throughout the nation will seep additional into this state’s judicial system.

Court elections have turn into extra seen with the elevated use of social media and an inflow of political curiosity and cash, stated Jim Drennan, a professor on the University of North Carolina’s School of Government who specializes within the judiciary.

“The West is wilder than it was,” Drennan stated.

Bob Orr, a former Supreme Court justice and a former Republican, referred to as the Stroud-Freshwater Smith major “really highly unusual” as a result of long-serving judges, notably these in management positions, aren’t usually challenged.

Stroud stated that legislators’ important involvement within the race threatens the separation of powers and checks and balances constructed within the American authorities system.

“The courts regularly, of course, have to review actions, statutes that the legislature has done. We have to be fair and impartial in reviewing what the Legislature has done—that is our job under the Constitution,” she stated.

Freshwater Smith sees it in another way.

“The legislature is the branch of government that is to make law, and the judiciary has to ensure that the laws are carried out, and I think that’s why both areas are, you know, interested in each other,” she stated.

Associate Justice Phil Berger Jr. listens throughout oral arguments on the Supreme Court of North Carolina in Raleigh, N.C., Monday, May 9, 2022. Ethan Hyman


On the marketing campaign path, Freshwater Smith and Stroud describe themselves in comparable methods: skilled and conservative.

Stroud cited arch-conservative former U.S. Sen. Jesse Helms as her political hero when she first ran for judicial workplace in 2004. She served as a district courtroom decide earlier than being elected to the Court of Appeals in 2006 and was later reelected with out opposition.

Stroud ascended to chief decide amid a sequence of recounts in an in depth race between former Chief Justice Cheri Beasley, now a Democratic candidate for U.S. Senate, and present Chief Justice Paul Newby, a Republican. Beasley appointed Stroud within the last days of 2020, and Newby affirmed the selection after his election.

Though Stroud has been a lifelong registered Republican, she hasn’t at all times silently assented to GOP legislators’ proposals for modifications to the courts. For occasion, she opposed a 2017 proposal to shrink the variety of Court of Appeals judges from 15 to 12, The News & Observer beforehand reported.

Freshwater Smith, a longtime prosecutor who has served as a district courtroom decide since 2016 in Wilson, Nash and Edgecombe counties, calls herself a Christian conservative. She modified her political registration from Democrat to Republican in March 2015.

When requested what the time period conservative means within the context of the Court of Appeals, Freshwater Smith stated, “That I follow the Constitution.”

Court of Appeals judges decide whether or not trial courtroom judges have made authorized errors. Their choices are topic to evaluation by the N.C. Supreme Court, which is charged with last interpretation of the state structure. The U.S. Supreme Court is the ultimate arbiter of disputes involving the federal Constitution.

Freshwater Smith’s marketing campaign has raised roughly twice as a lot cash as Stroud’s, about $68,000 to this point, state data present.

Jodie Berger, spouse of the Supreme Court justice; John Bell, the state House majority chief; and George Cleveland, a longtime Republican legislator from Onslow County had been amongst Freshwater Smith’s earliest donors.

Stroud has obtained donations from a number of distinguished legal professionals and businessmen, together with former Supreme Court justices Bob Edmunds and Bob Hunter and developer John Kane, however no members of the General Assembly’s Republican management.

Chief Justice Paul Newby asks a query throughout oral arguments on the Supreme Court of North Carolina in Raleigh, N.C., Monday, May 9, 2022. Ethan Hyman


Freshwater Smith has acknowledged in interviews that she was recruited to run by judicial and legislative leaders, however has declined to call them.

“I think that’s obvious by the folks that have endorsed me,” she advised The News & Observer in an interview Thursday.

She by no means would have launched her present marketing campaign, Freshwater Smith stated, if Supreme Court Chief Justice Paul Newby opposed it, she stated.

Newby is prohibited by the foundations that govern the habits of North Carolina judges from overtly declaring his assist. Only “judicial candidates” could endorse different candidates, and Newby will hit the obligatory retirement age for North Carolina judges earlier than his present time period expires, so he can’t be thought of a judicial candidate.

But {a photograph} of the chief justice standing subsequent to Freshwater Smith is featured prominently in an advert posted on her marketing campaign Facebook web page. Newby didn’t reply to a request for remark.

Berger seems to have deeper involvement in Freshwater Smith’s marketing campaign. In addition to providing a proper endorsement, he has given not less than one speech at a political occasion as her proxy.

Berger’s present time period on the Supreme Court expires on Jan. 1, 2029. Technically, he’s a judicial candidate, having already declared that he intends to run once more, however there was debate within the authorized group about whether or not it’s correct for judges to operate as perpetual candidates, a number of individuals of each political events stated in interviews.

Berger’s marketing campaign has additionally contributed to a political motion committee that funded an advert attacking Stroud.

Records present that $4,000 flowed from Berger’s committee to NC for Justice PAC on April 26, lower than per week after the PAC was shaped. The advert posted on the group’s Facebook web page calls Stroud a RINO, brief for Republican in title solely, and “The Liberal Choice for the Court of Appeals.”

In a now-deleted Facebook remark responding to the advert, Ray Daly, a Moore County dwelling builder, wrote, “Thanks Justice Berger, I’ll send it out!”

Daly declined to remark when reached by telephone.

Berger didn’t reply to a telephone name, textual content messages or emails in search of remark.


The resolution by highly effective Republicans to attempt to unseat Stroud stems, not less than partially, from who was appointed the clerk of the Court of Appeals, a plum administrator job, in response to screenshots of personal conversations amongst Republicans.

Eugene Soar, a longtime courtroom worker who modified his registration to unaffiliated from Democrat in October 2009, was awarded the job final yr. Some Republicans had been upset {that a} majority of Court of Appeals judges voted to call a clerk who was not a Republican when there are twice the variety of Republican judges on the courtroom as Democrats.

In Facebook messages that had been circulated amongst attorneys, Berger advised Republican activists that Stroud “whipped the votes and shut out qualified Republican candidates. Some who have worked for years in GOP politics.” The messages say an legal professional who clerked for Berger and two different Court of Appeals judges was amongst these handed over.

Freshwater Smith’s marketing campaign declared in a mailer that she “Will Never Appoint Liberals to positions of power.” The phrase “never” is underlined.

In an interview, Freshwater Smith acknowledged that judges on the Court of Appeals would not have the ability to nominate. She didn’t instantly reply a query about why that language was featured in her advert.


A political motion committee referred to as True Conservative Judges can also be pouring cash with hard-to-source origins into the Stroud-Freshwater Smith major race in addition to two different Republican judicial primaries.

The group has obtained not less than $590,000 from the Good Government Coalition, a nonprofit primarily based in a suburb of Washington, D.C., with robust ties to the Republican State Leadership Committee.

True Conservative Judges has to this point piped not less than $105,000 to The Differentiators, the agency run by Jim Blaine, the elder Berger’s former chief of employees. Both Blaine and Larry Shaheen, the PAC’s treasurer, declined to touch upon the file.

About $13,000 of the PAC’s cash was spent on unsolicited mail supporting Freshwater Smith, the latest marketing campaign finance stories present. The same quantity went to assist Michael Stading, a candidate for one more seat on the Court of Appeals, and about $78,000 went to bolster the candidacy of Trey Allen, who’s aiming for a Supreme Court seat.

Justice Berger, in addition to some Republican Court of Appeals judges and legislators, has posted a pattern poll with the names of these three candidates circled in pink on social media.

Freshwater Smith stated that she didn’t know concerning the social media exercise or PACs concerned in her race.

Carli Brosseau is a reporter at The News & Observer who usually analyzes databases as a part of her work. She attended the University of North Carolina at Chapel Hill.

Will Doran stories on North Carolina politics, notably the state legislature. In 2016 he began PolitiFact NC, and earlier than that he reported on native points in a number of cities and cities. Contact him at or (919) 836-2858.

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