Opinion
No. 425A21-2
08-19-2022
HOKE COUNTY BOARD OF EDUCATION, et al., Plaintiffs and Charlotte-Mecklenburg Board of Education, Plaintiff-Intervenor and Rafael Penn, et al., Plaintiff-Intervenors v. STATE of North Carolina and the State Board of Education, Defendants and Charlotte-Mecklenburg Board of Education, Realigned Defendant and Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, and Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Intervenor-Defendants
Robert Neal Hunter, Jr., Attorney at Law, For Combs, Linda, State Controller. Michael L. Robinson, Attorney at Law, Winston-Salem. Amar Majmundar, Senior Deputy Attorney General, For State of N.C. Matthew Tulchin, Special Deputy Attorney General, For State of N.C. Tiffany Y. Lucas, Deputy General Counsel, For State of N.C. Thomas J. Ziko, Attorney at Law, For State Board of Education. Neal A. Ramee, Attorney at Law, Raleigh, For Charlotte-Mecklenburg Schools. David Nolan, Attorney at Law, For Charlotte-Mecklenburg Schools. H. Lawrence Armstrong, Attorney at Law, Enfield, For Hoke County Board of Education, et al. Melanie Black Dubis, Attorney at Law, Raleigh, For Hoke County Board of Education, et al. Scott B. Bayzle, Attorney at Law, For Hoke County Board of Education, et al. Kellie Z. Myers, Trial Court Administrator. Jaelyn D. Miller, Attorney at Law, Morrisville, For Hoke County Board of Education, et al. Matthew F. Tilley, Attorney at Law, Charlotte, For Berger, Philip E., et al. Russ Ferguson, Attorney at Law, Charlotte, For Berger, Philip E., et al. W. Clark Goodman, Attorney at Law, Charlotte, For Berger, Philip E., et al. David Hinojosa, Attorney at Law, For Penn, Rafael, et al. Christopher A. Brook, Attorney at Law, For Penn, Rafael, et al. Michael Robotti, Attorney at Law, Pro Hac Vice, For Penn, Rafael, et al. Scott E. Bayzle, Attorney at Law, Raleigh, For Hoke County Board of Education, et al. Jane Wettach, Attorney at Law, For Professors and Long-Time Practitioners of Constitutional and Education Law. Catherine G. Clodfelter, Attorney at Law, Raleigh, For Hoke County Board of Education, et al. W. Swain Wood, First Assistant Attorney General, For State of N.C. Ryan Y. Park, Solicitor General, For State of N.C. Sripriya Narasimhan, Deputy General Counsel, For State of N.C. Michael A. Ingersoll, Attorney at Law, For Berger, Philip E., et al. Elizabeth Lea Troutman, Attorney at Law, Greensboro, For N.C. Justice Center. Eric M. David, Attorney at Law, Raleigh, For N.C. Justice Center. Daniel F.E. Smith, Attorney at Law, Greensboro, For N.C. Justice Center. Kasi W. Robinson, Attorney at Law, Greensboro, For N.C. Justice Center. Richard B. Glazier, Attorney at Law, For N.C. Justice Center. Mathew Ellinwood, Attorney at Law, For N.C. Justice Center. Peggy D. Nicholson, Attorney at Law, For Duke Children's Law Clinic, et al. Crystal M. Grant, Attorney at Law, For Duke Children's Law Clinic, et al. David Sciarra, Attorney at Law, Pro Hac Vice, For Duke Children's Law Clinic, et al. John R. Wester, Attorney at Law, Charlotte, For North Carolina Business Leaders. Adam K. Doerr, Attorney at Law, Charlotte, For North Carolina Business Leaders. Erik R. Zimmerman, Attorney at Law, Chapel Hill, For North Carolina Business Leaders. Patrick H. Hill, Attorney, For North Carolina Business Leaders. Emma W. Perry, Attorney at Law, Chapel Hill, For North Carolina Business Leaders. William G. Hancock, Jr., Attorney at Law, Raleigh, For North Carolina Business Leaders. Jeanette K. Doran, Attorney at Law, For North Carolina Institute for Constitutional Law and the John Locke Foundation. South A. Moore, General Counsel Fellow, For State of N.C. Marcus Pollard, Attorney at Law, For Education Justice Alliance, et al. Raymond Albert Starling, Attorney at Law.
Robert Neal Hunter, Jr., Attorney at Law, For Combs, Linda, State Controller.
Michael L. Robinson, Attorney at Law, Winston-Salem.
Amar Majmundar, Senior Deputy Attorney General, For State of N.C.
Matthew Tulchin, Special Deputy Attorney General, For State of N.C.
Tiffany Y. Lucas, Deputy General Counsel, For State of N.C.
Thomas J. Ziko, Attorney at Law, For State Board of Education.
Neal A. Ramee, Attorney at Law, Raleigh, For Charlotte-Mecklenburg Schools.
David Nolan, Attorney at Law, For Charlotte-Mecklenburg Schools.
H. Lawrence Armstrong, Attorney at Law, Enfield, For Hoke County Board of Education, et al.
Melanie Black Dubis, Attorney at Law, Raleigh, For Hoke County Board of Education, et al.
Scott B. Bayzle, Attorney at Law, For Hoke County Board of Education, et al.
Kellie Z. Myers, Trial Court Administrator.
Jaelyn D. Miller, Attorney at Law, Morrisville, For Hoke County Board of Education, et al.
Matthew F. Tilley, Attorney at Law, Charlotte, For Berger, Philip E., et al.
Russ Ferguson, Attorney at Law, Charlotte, For Berger, Philip E., et al.
W. Clark Goodman, Attorney at Law, Charlotte, For Berger, Philip E., et al.
David Hinojosa, Attorney at Law, For Penn, Rafael, et al.
Christopher A. Brook, Attorney at Law, For Penn, Rafael, et al.
Michael Robotti, Attorney at Law, Pro Hac Vice, For Penn, Rafael, et al.
Scott E. Bayzle, Attorney at Law, Raleigh, For Hoke County Board of Education, et al.
Jane Wettach, Attorney at Law, For Professors and Long-Time Practitioners of Constitutional and Education Law.
Catherine G. Clodfelter, Attorney at Law, Raleigh, For Hoke County Board of Education, et al.
W. Swain Wood, First Assistant Attorney General, For State of N.C.
Ryan Y. Park, Solicitor General, For State of N.C.
Sripriya Narasimhan, Deputy General Counsel, For State of N.C.
Michael A. Ingersoll, Attorney at Law, For Berger, Philip E., et al.
Elizabeth Lea Troutman, Attorney at Law, Greensboro, For N.C. Justice Center.
Eric M. David, Attorney at Law, Raleigh, For N.C. Justice Center.
Daniel F.E. Smith, Attorney at Law, Greensboro, For N.C. Justice Center.
Kasi W. Robinson, Attorney at Law, Greensboro, For N.C. Justice Center.
Richard B. Glazier, Attorney at Law, For N.C. Justice Center.
Mathew Ellinwood, Attorney at Law, For N.C. Justice Center.
Peggy D. Nicholson, Attorney at Law, For Duke Children's Law Clinic, et al.
Crystal M. Grant, Attorney at Law, For Duke Children's Law Clinic, et al.
David Sciarra, Attorney at Law, Pro Hac Vice, For Duke Children's Law Clinic, et al.
John R. Wester, Attorney at Law, Charlotte, For North Carolina Business Leaders.
Adam K. Doerr, Attorney at Law, Charlotte, For North Carolina Business Leaders.
Erik R. Zimmerman, Attorney at Law, Chapel Hill, For North Carolina Business Leaders.
Patrick H. Hill, Attorney, For North Carolina Business Leaders.
Emma W. Perry, Attorney at Law, Chapel Hill, For North Carolina Business Leaders.
William G. Hancock, Jr., Attorney at Law, Raleigh, For North Carolina Business Leaders.
Jeanette K. Doran, Attorney at Law, For North Carolina Institute for Constitutional Law and the John Locke Foundation.
South A. Moore, General Counsel Fellow, For State of N.C.
Marcus Pollard, Attorney at Law, For Education Justice Alliance, et al.
Raymond Albert Starling, Attorney at Law.
ORDER
Philip E. Berger, Jr., Associate Justice Pursuant to an administrative order entered by this Court on December 23, 2021, and having reviewed and considered precedent established by this Court, N.C.G.S. § 1-72.2, N.C.G.S. § 120-32.6, the North Carolina Code of Judicial Conduct, and the arguments of the parties, plaintiffs’ motion and suggestion of recusal is denied.