Members of the North Carolina General Assembly,

We, the undersigned students [faculty, and community members] of the University of
North Carolina School of Law [other law schools], are greatly disturbed by the reports of your
intention to increase the size of the North Carolina Supreme Court in response to Justice-Elect
Michael Morgans recent electoral victory. As law students and members of the legal community,
we feel duty-bound to speak out about actions that would diminish the integrity of this
democratically elected body. This court has the final word on the law of the state of North
Carolina and dictates the standard to which the people of this great state are bound. The choice
you make will fundamentally affect the state of North Carolina, all of her people, and the legal
profession for decades to come. As the future lawyers of North Carolina and members of the
legal community, we strongly urge you not to take this unprecedented step for our state.
At this juncture, there is no demonstrated need for the expansion of the North Carolina
Supreme Court. Though the State Constitution allows for an expansion to nine justices at the
discretion of the General Assembly, the Supreme Court's workload, according to its own
published reports, does not require any additional justices.1 Nor has Chief Justice Mark Martin,
or any other justice on the Supreme Court, requested additional justices. For a Republican
controlled legislature to choose this moment to act, mere days after the election of a judge they
perceive to tip the ideological balance of the Supreme Court, is a thinly veiled attempt to pack
the Court for partisan purposes.

July 1, 2014 June 30, 2015 Statistical and Operational Report of the North Carolina
Appellate Courts, 37, THE NORTH CAROLINA COURT SYSTEM (2015)
http://www.nccourts.org/Citizens/SRPlanning/Documents/201415_appellate_courts_statistical_and_operational_report.pdf

This move to pack the Court with two additional justices, to be appointed by Governor
McCrory before the end of his term, is anti-democratic, opposes notions of fair play, and violates
the very purpose of our judicial elections. In the Constitution of 1868, North Carolina chose to
elect the justices of the Supreme Court by popular vote. Under this system, it is the people of this
state who choose the make-up of the Supreme Court, not the General Assembly. It would be
improper for this General Assembly to assume the role given to the people, simply because you
disagree with the peoples choice.
This expansion would be unprecedented in the history of the state. The North Carolina
Constitution provides for a minimum of six Associate Justices and one Chief Justice for the
court. This Court of seven justices has lasted for 148 years. Over this century and a half, the
ideological balance of the Court has shifted several times, but never has a legislature see fit to
override the will of the people by packing the Court.
Additionally, expanding the court for such plainly partisan purposes would serve to over
politicize the non-political branch of government. By state law, our Supreme Court elections are
non-partisan. Justice-Elect Michael Morgan did not run as a Democrat, nor did Justice Robert
Edmunds run as a Republican. The logic behind having these non-partisan races is to protect the
independence and neutrality of the Supreme Court; both of which are principles of American
democracy and necessary to preserve the Court's legitimacy. These Justices are elected to decide
cases based on the laws of the state of North Carolina, and on our Constitution, not to engage in
partisan legislation from the bench. However, the manipulation of the Court by one party, to
promote their political agenda, removes the requisite degree of judicial independence at best and
negates it completely at worst.

In sum, we urge the members of the General Assembly not to expand the North Carolina
Supreme Court. Such an expansion would be unprecedented in this state, anti-democratic, and
contrary to notions of fair play. This action would undermine the will of the people of North
Carolina. Several of Assembly members have publicly stated that these reports are mere rumors.
It is our deepest hope that this is so. However, if there is any substance to these reports, please
consider your place in history and the will of your constituents to lead you to the correct
decision. Do not to alter the Supreme Court.
Thank you,
[Signatures]