North Carolina Cases March 01, 2022: Holmes v. Moore
Court: North Carolina Supreme Court
Date: March 1, 2022
Case Description
868 S.E.2d 313 (Mem)
Jabari HOLMES, Fred Culp, Daniel E. Smith, Brendon Jaden Peay, and Paul Kearney, Sr.
v.
Timothy K. MOORE, in his official capacity as Speaker of the North Carolina House of Representatives; Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate; David R. Lewis, in his official capacity as Chairman of the House Select Committee on Elections for the 2018 Third Extra Session; Ralph E. Hise, in his official capacity as Chairman of the Senate Select Committee on Elections for the 2018 Third Extra Session; The State of North Carolina; and The North Carolina State Board of Elections
No. 342P19-2
Supreme Court of North Carolina.
March 1, 2022
Allison J. Riggs, Attorney at Law, For Holmes, Jabari, et al.
Jeffrey Loperfido, Attorney at Law, For Holmes, Jabari, et al.
Nathan A. Huff, Attorney at Law, Raleigh, For Moore, Timothy K. (Official Capacity), et al.
Nicole J. Moss, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al.
Terence Steed, Assistant Attorney General, For State of North Carolina, et al.
Laura H. McHemy, Special Deputy Attorney General, For State of North Carolina, et al.
Mary Carla Babb, Special Deputy Attorney General, For State of North Carolina, et al.
ORDER
Pursuant to this Court's administrative order of 23 December 2021, and after thorough and thoughtful deliberation, I have concluded that I can and will be fair and impartial in deciding Holmes v. Moore, et al. (No. 342P19-2). Accordingly, the 15 January 2022 Motion for Disqualification filed therein is denied.
In reaching this conclusion, I thoughtfully considered: (1) the arguments presented by the parties; (2) my ethical responsibilities as an Associate Justice of the Supreme Court of North Carolina under our Code of Judicial Conduct; (3) my solemn oath to serve on our state's Court of last resort—rather than recusing myself or being disqualified to avoid controversy; and (4) my resulting judicial
[868 S.E.2d 314]
duty to all North Carolinians and my personal ability to discharge that duty.
For the reasons summarized above, the Motion for Disqualification is denied. This the 1st day of March 2022.