Summary
dismissing unanimously a disqualification motion referred to the Court by Justice Berger
Summary of this case from Hoke Cty. Bd. of Educ. v. StateOpinion
No. 342PA19-3
03-13-2023
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
Jeffrey Loperfido, Attorney at Law, For Holmes, Jabari, et al. Nathan A. Huff, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al. Nicole J. Moss, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al. Terence Steed, Special Deputy Attorney General, For State of North Carolina, et al. Laura H. McHenry, 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. Hilary H. Klein, Attorney at Law, For Holmes, Jabari, et al. Matthew Nis Leerberg, Attorney at Law, Raleigh, For Professor Justin Grimmer. David Thompson, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al. Peter Patterson, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al. Joseph O. Masterman, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al. Nicholas Varone, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al. John Tienken, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al. Jane B. O'Brien, Attorney at Law, For Holmes, Jabari, et al. Paul D. Brachman, Attorney at Law, For Holmes, Jabari, et al. Andrew J. Ehrlich, Attorney at Law, For Holmes, Jabari, et al. Andrew D. Brown, Attorney at Law, Raleigh, For Lawyers Democracy Fund. Phillip J. Strach, Attorney at Law, Raleigh, For Lawyers Democracy Fund. John E. Branch, III, Attorney at Law, Raleigh, For Lawyers Democracy Fund. Roger W. Knight, Attorney at Law, For National Republican Senatorial Committee. Kevin J. Cline, Attorney at Law, For North Carolina Republican Party. Philip Thomas, Attorney, For North Carolina Republican Party.
Jeffrey Loperfido, Attorney at Law, For Holmes, Jabari, et al.
Nathan A. Huff, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al.
Nicole J. Moss, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al.
Terence Steed, Special Deputy Attorney General, For State of North Carolina, et al.
Laura H. McHenry, 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.
Hilary H. Klein, Attorney at Law, For Holmes, Jabari, et al.
Matthew Nis Leerberg, Attorney at Law, Raleigh, For Professor Justin Grimmer.
David Thompson, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al.
Peter Patterson, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al.
Joseph O. Masterman, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al.
Nicholas Varone, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al.
John Tienken, Attorney at Law, For Moore, Timothy K. (Official Capacity), et al.
Jane B. O'Brien, Attorney at Law, For Holmes, Jabari, et al.
Paul D. Brachman, Attorney at Law, For Holmes, Jabari, et al.
Andrew J. Ehrlich, Attorney at Law, For Holmes, Jabari, et al.
Andrew D. Brown, Attorney at Law, Raleigh, For Lawyers Democracy Fund.
Phillip J. Strach, Attorney at Law, Raleigh, For Lawyers Democracy Fund.
John E. Branch, III, Attorney at Law, Raleigh, For Lawyers Democracy Fund.
Roger W. Knight, Attorney at Law, For National Republican Senatorial Committee.
Kevin J. Cline, Attorney at Law, For North Carolina Republican Party.
Philip Thomas, Attorney, For North Carolina Republican Party.
ORDER
Tamara Patterson Barringer, Associate Justice
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 the rehearing of Holmes, et al. v. Moore, et al. (No. 342PA19-3). Accordingly, the 3 March 2023 Motion for Disqualification filed therein is Dismissed as Moot since the almost identical Motion in this same case was denied on the merits over one year ago.
In reaching this conclusion, I thoughtfully considered:
(1) the arguments presented by the parties, giving special attention to the possibility, however remote, that any material circumstances may have changed since my previous decision in this case, and it is self-evident that no facts or circumstances of my State Senate service have or even could have changed since I left that office on December 31, 2018;
(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 North Carolina's Court of last resort, rather than recusing myself to avoid public scrutiny or criticism; and,
(4) my resulting judicial duty to all North Carolinians and my personal ability to fairly and impartially discharge that duty.
For the reasons summarized above, specifically including the denial on the merits of the identical Motion in this same case over a year ago, the present Motion for Disqualification is Dismissed as Moot.