All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.
ASHLEY STEPHENSON, individually, and as a resident and registered
voter of Beaufort County, North Carolina; LEO DAUGHTRY,
individually, and as Representative for the 28th District, North
Carolina House of Representatives; PATRICK BALLANTINE,
individually, and as Senator for the 9th District, North Carolina
Senate; ART POPE and BILL COBEY, individually and on behalf of
themselves and all other persons similarly situated v. GARY O.
BARTLETT, as Executive Director of the State Board of Elections;
LARRY LEAKE, ROBERT B. CORDLE, GENEVIEVE C. SIMS, LORRAINE G.
SHINN, and CHARLES WINFREE, as members of the State Board of
Elections; JAMES B. BLACK, as Speaker of the North Carolina House
of Representatives; MARC BASNIGHT, as President Pro Tempore of
the North Carolina Senate; MICHAEL EASLEY, as Governor of the
State of North Carolina; and ROY COOPER, as Attorney General of
the State of North Carolina
RICHARD T. MORGAN, Co-Speaker of the North Carolina House of
Representatives; JAMES B. BLACK, Co-Speaker of the North Carolina
House of Representatives; and MARC BASNIGHT, President Pro
Tempore of the North Carolina Senate v. ASHLEY STEPHENSON, LEO
DAUGHTRY, PATRICK BALLANTINE, ART POPE, and BILL COBEY
1. Venue_prior constitutional case_venue not ongoing
The plaintiffs in a previous redistricting case did not have a vested right to ongoing venue
with the prior judge in the prior county for questions concerning a new redistricting plan and new
provisions for judicial review. The prior case concerned the constitutionality of 2001 redistricting
plans and efforts to implement a Supreme Court decision in that case. Final orders were issued,
the 2002 election was held, and that case is over.
2. Declaratory Judgments_standing_constitutionality of statute_legislators as party
Legislators had standing to file a declaratory judgment action to determine the
constitutionality of a statutory plan for judicial review of redistricting issues. Legislative leaders
may expect to be sued in further redistricting litigation, and the parties have an ongoing interest
in the constitutionality of redistricting plans.
3. Courts_redistricting cases_three-judge panel_not a new court
A statutory plan for review of redistricting issues by a three-judge panel in the Superior
Court of Wake County did not unconstitutionally create a new court. Redistricting cases remain
in superior court, and the three-judge requirement is a matter of procedure within the purview of
the General Assembly. N.C.G.S. § 1-267.1.
4. Jurisdiction_redistricting cases_three-judge panel in Wake County_not an
unconstitutional restriction
A statute providing review of redistricting issues did not unconstitutionally restrict to
Wake County the jurisdiction of the three-judge panel of the superior court hearing redistricting
cases. The General Assembly did no more than establish venue for lawsuits that challenge
redistricting; venue is procedural and the General Assembly has the constitutional power to
establish rules of procedure. N.C.G.S. § 1-81.1.
5. Judges_assignment power of Chief Justice_redistricting panel specifications
Statutory provisions requiring judges on redistricting panels to come from different parts
of the state do not infringe upon the constitutional power of the Chief Justice to assign judges.
The Chief Justice has the unfettered power to select two of the three panel members from dozens
of qualified judges, and the requirement that the third choice be one of the resident superior court
judges in Wake County and that none of the judges be former members of the General Assembly
are logical and sensible. N.C.G.S. § 1-267.1.
6. Courts_redistricting cases_statutory requirements for orders_no violation of
judicial authority
The requirement that any judicial order invalidating a redistricting act specify the defects
found by the court does not impermissibly limit the authority of the judicial branch. Redistricting
is a legislative responsibility, and giving the General Assembly the opportunity to correct flaws
allows the General Assembly to exercise its proper responsibilities and is consistent with
precedent.
Justices ORR and MARTIN did not participate in the consideration or decision of this
case.
Appeal by the Stephenson plaintiffs and the Morgan
defendants from an order transferring venue from Johnston County
to Wake County and an order granting summary judgment to the
Morgan plaintiffs entered 5 January 2004 in Superior Court, Wake
County, by Judge Robert H. Hobgood. On 30 January 2004, the
Supreme Court of North Carolina issued an order consolidating the
Stephenson and Morgan actions and allowed the Stephenson
plaintiffs' motion to suspend the rules for an expedited review
of the appeal prior to determination by the North Carolina Court
of Appeals. Heard in the Supreme Court 18 March 2004.
Haynsworth Baldwin Johnson & Greaves, LLC, by Thomas A. Farr
and Phillip J. Strach; and Hunter Higgins Miles Elam &
Benjamin, PLLC, by Robert N. Hunter, Jr. and Jeffrey M.
Davis, for plaintiff/defendant-appellants.
Roy Cooper, Attorney General, by Tiare B. Smiley and
Alexander McC. Peters, Special Deputy Attorneys General, for
defendant-appellees Gary O. Bartlett, Larry Leake, Robert B.
Cordle, Genevieve C. Sims, Lorraine G. Shinn, Charles
Winfree, Michael Easley, and Roy Cooper, and
plaintiff/defendant-appellee James B. Black; Wyrick Robbins
Yates & Ponton, by Roger W. Knight and K. Edward Greene, for
plaintiff-appellee Richard Morgan; and Smith Moore, LLP, by
J. Donald Cowan, for plaintiff/defendant-appellee Marc
Basnight.
EDMUNDS, Justice.
Because these cases are procedurally entangled, our first
task is to distinguish them. On 16 November 2001, the plaintiffs
in Stephenson v. Bartlett (Stephenson) filed in Superior Court,
Johnston County, their first amended complaint, alleging that the
2001 legislative redistricting plans for the North Carolina
Senate and House (the 2001 plans), passed by the North Carolina
General Assembly after the 2000 census in accordance with Article
I, Section 2 of the United States Constitution and Article II,
Sections 3 and 5 of the North Carolina Constitution, were flawed.
The Stephenson plaintiffs' essential contention was that the 2001
plans violated the North Carolina Constitution by dividing
counties into separate legislative districts for reasons other
than compliance with federal voting law. On 16 November 2001,
the Chief Justice of the Supreme Court of North Carolina
designated the case as exceptional and assigned Johnston County
Resident Superior Court Judge Knox V. Jenkins to preside. On 18
January 2002, the Superior Court, Johnston County, denied the
Stephenson defendants' motion to change venue from Johnston
County to Wake County. The Stephenson defendants did not appeal
the denial.
On 20 February 2002, the Superior Court, Johnston County,
found that the 2001 plans violated the North Carolina
Constitution and allowed the Stephenson plaintiffs' motion for
declaratory and injunctive relief. The court's order included a
permanent injunction that prevented the Stephenson defendants
from conducting future legislative elections under any
redistricting plans that violate the North Carolina Constitution. On 7 March 2002, this Court issued an order enjoining legislative
primary elections, and on 30 April 2002, affirmed the trial
court's order declaring the 2001 plans unconstitutional and
granting the Stephenson plaintiffs a permanent injunction.
Stephenson v. Bartlett, 355 N.C. 354, 562 S.E.2d 377 (2002)
(Stephenson I). In that opinion, this Court established specific
criteria to be used by the superior court in evaluating the
constitutionality of any new redistricting plans enacted by the
General Assembly. We then remanded the case to the superior
court with directions that any new redistricting plans,
including any proposed on remand in this case, comply with the
criteria. Id. at 384, 562 S.E.2d at 397. The superior court was
authorized to enter any further orders necessary to implement the
holdings of this Court.
The General Assembly thereafter enacted a second set of
redistricting plans (the 2002 plans). After the Stephenson
defendants filed these plans with the Superior Court, Johnston
County for judicial review, the Stephenson plaintiffs challenged
their constitutionality. On 31 May 2002, the superior court
entered an order finding that the 2002 plans failed to comply
with the requirements set out in Stephenson I. The superior
court then adopted interim plans and ordered the State to conduct
elections in accordance with those plans during the 2002
elections. The Stephenson defendants appealed, and on 16 July
2003, this Court affirmed the ruling of the trial court.
Stephenson v. Bartlett, 357 N.C. 301, 582 S.E.2d 247 (2003)
(Stephenson II).
The General Assembly enacted its most recent redistricting
plans on 25 November 2003 (the 2003 plans). That same day, theGeneral Assembly enacted 2003 N.C. Session Law 434 (the session
law). Act of Nov. 25, 2003, ch. 434, 2003 N.C. Sess. Laws (1st
Extra Sess. 2003). Sections 7 through 11 of the session law,
which are the focus of this appeal, have been codified as
sections 1-81.1, 1-267.1, 120-2.3, and 120-2.4. N.C.G.S. §§ 1-
81.1, -267.1, 120-2.3, -2.4 (Special Supp. 2004). Section 1-81.1
provides that venue in any action involving redistricting lies
exclusively with the Superior Court, Wake County. N.C.G.S. § 1-
81.1. Section 1-267.1(a) provides for a three-judge panel to
hear legal challenges to legislative redistricting plans.
N.C.G.S. § 1-267.1(a). The panel, which is to be appointed by
the Chief Justice, shall consist of one resident superior court
judge from the first through fourth judicial divisions (the
eastern part of the state), one resident superior court judge
from the fifth through eighth judicial divisions (the western
part of the state), and, as the presiding judge, the senior
resident superior court judge of Wake County. N.C.G.S. § 1-
267.1(b). No judge who has been a member of the General Assembly
may serve on the panel. Id. All redistricting actions must be
heard and determined by the three-judge panel in Superior Court,
Wake County. N.C.G.S. § 1-267.1. The session law directed that
redistricting actions pending in a court other than Superior
Court, Wake County, be transferred to that court. Ch. 434, sec.
11(b), 2003 N.C. Sess. Laws (1st Extra Sess. 2003). If a court
finds a redistricting plan is flawed, the General Assembly has an
opportunity to correct any defects before the court imposes a
substitute plan. N.C.G.S. §§ 120-2.3, -2.4.
On 1 December 2003, the complaint in Morgan v. Stephenson
(Morgan) was filed in Superior Court, Wake County. Morgan is adeclaratory judgment action in which the plaintiffs seek a
determination of the constitutionality of sections 7 through 11
of the session law. Some of the plaintiffs in Morgan are
defendants in Stephenson, and all the defendants in Morgan are
plaintiffs in Stephenson. Also on 1 December 2003, the
Stephenson plaintiffs filed in Superior Court, Johnston County,
their Plaintiffs' Motion in the Cause for Declaratory and
Injunctive Relief Concerning the Jurisdiction and Venue Stripping
Provisions of the 2003 N.C. Extra Session Law, Chapter 434.
This motion challenged the constitutionality of portions of
sections 7 through 11 of the session law and raised the same core
issue that the Morgan plaintiffs raised in their declaratory
judgment action. The following day, the Stephenson plaintiffs
filed in Superior Court, Johnston County, their Motion in the
Cause to Enforce Judgments and Request for Briefing Schedule and
Expedited Hearing. This motion argued that the 2003 plans were
unconstitutional under the criteria set out in Stephenson I and
that they failed to comply with Stephenson II.
On 4 December 2003, Judge Jenkins entered an order in
Superior Court, Johnston County, staying proceedings in
Stephenson pending resolution of Morgan. In that order, Judge
Jenkins noted that Judge Donald W. Stephens, Senior Resident
Superior Court Judge in Wake County, had requested that the Chief
Justice designate Morgan as an exceptional case and appoint a
judge to preside over all Wake County matters. On that same
date, by letter to the Chief Justice, Judge Jenkins noted the
practical difficulties in having these intertwined matters
presided over by different judges in different counties. Because
he believed that the Wake County matters took precedence, JudgeJenkins asked to be relieved. On 5 December 2003, the Chief
Justice designated Morgan and redesignated Stephenson as
exceptional, and then assigned Superior Court Judge Robert H.
Hobgood to preside over both cases. On 12 December 2003, the
defendants in Morgan moved to dismiss that case. Judge Hobgood
denied this motion on 23 December 2003.
On 5 January 2004, Judge Hobgood entered a summary judgment
order in Morgan in which he struck as facially unconstitutional
those parts of the session law that (1) required that the
Resident Wake County Superior Court Judge on the panel be the
Senior Resident, and (2) required that the Chief Justice consult
with the North Carolina Conference of Superior Court Judges and
receive from that body a list of recommendations before making
appointments to the three-judge panel. Finding that the session
law had a severability provision, Judge Hobgood struck the
offending portions and upheld the constitutionality of the
remaining provisions of the session law. He also entered an
order finding that the venue transfer provisions constitutionally
applied to pending litigation and, therefore, transferred
Stephenson from Johnston County to Wake County for resolution by
the three-judge panel of any further questions in that case.
On 9 January 2004, the plaintiffs in Stephenson filed a
notice of appeal from Judge Hobgood's order transferring venue.
The defendants in Morgan also filed a notice of appeal from Judge
Hobgood's summary judgment order and his order denying
defendants' motion to dismiss. This Court, on 30 January 2004,
issued an order consolidating the Morgan and the Stephenson
actions for the purpose of reviewing the constitutionality of the
session law. [1] We begin by determining the status of Stephenson. The
Stephenson plaintiffs argue that they have a vested right to
venue in Johnston County before a single judge and that by
enacting the session law, the General Assembly retroactively
stripped them of their right, contrary to our holding in Gardner
v. Gardner, 300 N.C. 715, 268 S.E.2d 468 (1980). In Gardner, the
plaintiff brought an action in District Court, Wayne County,
seeking alimony without divorce. The defendant's initial efforts
to have venue changed to Johnston County were unsuccessful.
However, during the pendency of the action, the plaintiff moved
to Georgia, and the General Assembly passed a bill to the effect
that where one party in such an action has left the state, venue
could be changed on motion of the other party. The defendant
duly moved for a change of venue to Johnston County, and the
motion was allowed. The Court of Appeals reversed the change of
venue, and we affirmed, holding that a statute may be applied
retroactively only insofar as it does not impinge upon a right
which is otherwise secured, established, and immune from further
legal metamorphosis. Id. at 719, 268 S.E.2d at 471.
Thus, Gardner would apply to the case at bar if the
Stephenson plaintiffs have a vested right to venue in Johnston
County. However, such a right, even if established by
circumstances, would exist only if Stephenson were an ongoing
case. Our review of the record convinces us that Stephenson I
and II together represent the final disposition of the case as it
relates to the 2001 plans, the 2002 plans, and the 2002 general
election. The issue sought to be litigated by plaintiffs when
Stephenson was filed was the constitutionality of the General
Assembly's 2001 redistricting plans. Modifying and affirming thetrial court's order, this Court found in Stephenson I that the
2001 plans were not constitutional and set out specific
requirements with which any subsequent redistricting plans must
comply. When the trial court determined that the General
Assembly's 2002 plans failed to meet the requirements set out in
Stephenson I and developed interim plans for use in the 2002
legislative elections only, the Stephenson defendants filed a
notice of appeal. This Court reviewed the complete record and
concluded that the evidence supported the trial court's findings
of fact and conclusions of law that the 2002 plans failed to
comply with the standards set out in Stephenson I and were
constitutionally deficient. Stephenson II, 357 N.C. 301, 582
S.E.2d 247.
This sequence demonstrates that while Stephenson ostensibly
was brought to challenge a specific redistricting, our holding in
Stephenson I set out for the General Assembly and for any
reviewing trial court the requirements that any redistricting
plans must meet to pass constitutional muster. Every action that
has occurred subsequent to the issuance of our opinion in
Stephenson I has been directed toward implementing the holding in
that case, and none has been aimed at having this Court amend or
overrule that holding. In other words, as a result of our
opinions in Stephenson I and II, there is no longer any case and
controversy before this Court relating to the constitutional
requirements for a North Carolina legislative redistricting plan.
Final orders have been issued as to the 2001 plans and the 2002
plans, and the 2002 elections have been held. The case is over.
Because Stephenson is complete, Gardner does not apply and
the Stephenson plaintiffs do not have an ongoing vested right tovenue in Johnston County. We are nevertheless aware that
legislative redistricting based upon the 2000 decennial census
remains an unresolved matter. By letter dated 30 March 2004, the
United States Department of Justice has advised the North
Carolina Attorney General that it does not interpose any
objections to the 2003 plans. Thus, if the Stephenson plaintiffs
seek to challenge the constitutionality of those plans in terms
of our holding in Stephenson I, they must file a motion in the
cause in Morgan or file a complaint in Superior Court, Wake
County, pursuant to N.C.G.S. § 1-81.1. Counsel for the Morgan
plaintiffs acknowledged the possibility of a new suit in the
following exchange at the hearing before Judge Hobgood as to the
constitutionality of the session law:
[COUNSEL]: Your Honor, so as I understand it, any
challenge to the 2003 redistricting must be filed
as a new claim in the 03 case, and the issue there
would be whether that redistricting was consistent
with the Stephenson line of cases out of Johnston
County.
THE COURT: Yes, sir.
For these reasons, the Stephenson plaintiffs' challenge to the
2003 redistricting plans was improvidently filed under the
Stephenson caption.
[2] The trial court also properly denied the Morgan
defendants' motion to dismiss the declaratory judgment action.
The Morgan defendants argue that the Morgan plaintiffs do not
have standing to bring such a suit. However, [s]tanding to
challenge the constitutionality of a legislative enactment exists
where the litigant has suffered, or is likely to suffer, a direct
injury as a result of the law's enforcement. Maines v. City of
Greensboro, 300 N.C. 126, 130-31, 265 S.E.2d 155, 158 (1980). The Morgan plaintiffs include legislative leaders in the North
Carolina General Assembly who, as indicated by Stephenson, may
expect to be sued in their official capacities in any further
redistricting litigation. Therefore, the Morgan plaintiffs meet
the Maines standard.
In addition, the Morgan defendants argue that, pursuant to
State ex rel. Edmisten v. Tucker, 312 N.C. 326, 348, 323 S.E.2d
294, 308-09 (1984), the trial court should not entertain a
declaratory judgment action while there is another pending action
involving the same issues and parties. However, in light of our
holding that Stephenson has reached a final disposition, no
contemporaneous case exists to conflict with Morgan. Moreover,
the Morgan parties have an ongoing interest in the
constitutionality of the statutes governing challenges to
redistricting plans. We have recognized that a petition for
declaratory judgment is a particularly appropriate means for
determining the constitutionality of a statute when the parties'
desire and the public need requires a speedy determination of the
important public interests involved. Id. Accordingly, we hold
that the trial court properly denied the Morgan defendants'
motion to dismiss the declaratory judgment action.
[3] We now turn to the constitutionality of the session law
as codified. First, the Morgan defendants argue that N.C.G.S.
§ 1-267.1 unconstitutionally creates a new court. They contend
that the only courts permitted by the North Carolina Constitution
are the district courts, the superior courts, the court of
appeals, and the Supreme Court. N.C. Const. art. IV, §§ 1, 2.
However, we do not believe that the procedure established by the
General Assembly for challenging redistricting plans creates anew court outside this constitutional framework. Section 1-
267.1(a) specifically requires that any challenges to
redistricting shall be filed in the Superior Court of Wake
County and shall be heard and determined by a three-judge panel
of the Superior Court of Wake County. N.C.G.S. § 1-267.1(a).
This language places redistricting challenges in the superior
court, the court recognized by the North Carolina Constitution as
having original general jurisdiction throughout the state. N.C.
Const. art. IV, § 12.
Nor do we find that a new court is created by the statutory
requirement that the proceedings be held before a three-judge
panel. See N.C.G.S. § 1-267.1. The mandate that three superior
court judges participate in cases challenging redistricting is,
we believe, a matter of procedure that lies within the purview of
the General Assembly. N.C. Const. art. IV, § 13(2). The General
Assembly has exercised its prerogative to establish similar
procedures in other types of cases. For instance, three-judge
panels are statutorily authorized to review applications of
electronic surveillance orders, N.C.G.S. §§ 15A-286(16), -291
(2003), and to review applications for the convening of an
investigative grand jury, N.C.G.S. § 15A-622(h) (2003).
Accordingly, we hold that the three-judge panel of superior court
judges required by N.C.G.S. § 1-267.1 is not a new court outside
the contemplation of the North Carolina Constitution.
[4] The Morgan defendants next argue that N.C.G.S. § 1-81.1
unconstitutionally restricts to Wake County the jurisdiction of
the three-judge panel of the superior court hearing redistricting
cases. However, our reading of the statute satisfies us that
this provision does not affect jurisdiction. Instead, theGeneral Assembly has done no more than establish venue for
lawsuits that challenge redistricting. Venue is a procedural
matter, see Crain & Denbo, Inc. v. Harris & Harris Constr. Co.,
250 N.C. 106, 109, 108 S.E.2d 122, 125 (1959), and, as noted
above, the General Assembly has the constitutional authority to
establish rules of procedure for the Superior Court Division.
N.C. Const. art. IV, § 13(2). Pursuant to this authority, the
General Assembly has, by statute, defined venue for every type of
case. See N.C.G.S. §§ 1-76 to -82 (2003). In addition, once an
action is filed, venue is sufficiently flexible that it may be
changed [w]hen the convenience of witnesses and the ends of
justice would be promoted by the change. N.C.G.S. § 1-83(2)
(2003). In light of the policies implied in these statutory
provisions, we perceive no constitutional bar to the General
Assembly's setting venue for redistricting challenges in the
county where the capital of North Carolina is located.
[5] The Morgan defendants' next contention is that the
provisions in N.C.G.S. § 1-267.1(b) requiring that the judges on
the three-judge panel come from particular parts of the State
infringe on the power of the Chief Justice to assign judges.
Article IV, Section 11 of the North Carolina Constitution sets
out powers and responsibilities of the Chief Justice, including
the power to assign superior court judges. N.C. Const. art. IV,
§ 11. Section 1-267.1(b), as modified by the trial court,
requires that the Chief Justice appoint to the three-judge panel
a resident superior court judge from Wake County and one
resident superior court judge from the First through Fourth
Judicial Divisions and one resident superior court judge from the
Fifth through Eighth Judicial Divisions. N.C.G.S. § 1-267.1(b). In addition, the statute states that no member of the panel
. . . may be a former member of the General Assembly. Id.
The statute assures that the judges assigned by the Chief
Justice to the three-judge panel will come from different parts
of the State. Despite the Morgan defendants' claim, the
geographical designation contained in N.C.G.S. § 1-267.1 cannot
be said to be an impermissible encroachment on the Chief
Justice's authority because the Chief Justice has the unfettered
power to select two of the panel members from dozens of qualified
judges. Moreover, the requirement that one of the resident
superior court judges from Wake County be on the panel is logical
for several reasons. A Wake County judge would be best suited to
coordinate with the other judges on the panel and deal with
routine matters filed with the Wake County Clerk of Superior
Court that do not demand the physical presence of all three panel
judges. Moreover, Raleigh is the state capital, and the General
Assembly has consistently shown a preference for having certain
civil and administrative actions conducted there. See, e.g.,
N.C.G.S. § 1-77 (2003) (actions against a public officer for an
act done by him by virtue of his office should be tried in the
county where the cause arose); N.C.G.S. § 87-4 (2003) (first
meeting of State Licensing Board for General Contractors to be
held in Raleigh); N.C.G.S. § 87-18 (2003) (first meeting of State
Board of Examiners of Plumbing, Heating and Fire Sprinkler
Contractors to be held in Raleigh); N.C.G.S. § 90-270.9 (2003)
(North Carolina Psychology Board to meet annually in Raleigh);
N.C.G.S. § 90A-57 (2003) (State Board of Sanitarian Examiners to
meet annually in Raleigh); N.C.G.S. § 106-4 (2003) (Board of
Agriculture to meet at least twice a year in Raleigh). Therequirement that a former member of the General Assembly may not
sit as a member of the three-judge panel is sensible insurance
against any appearance of conflict of interest. Although this
Court will zealously protect its prerogatives and exercise its
duties under the Constitution, we hold that the provisions of
N.C.G.S. § 1-267.1 within this specific context do not
impermissibly infringe on the Chief Justice's authority to assign
judges.
[6] The Morgan defendants argue that N.C.G.S. §§ 120-2.3 and
120-2.4 impermissibly limit the authority of the judicial branch
to fashion appropriate relief for constitutional violations.
Section 120-2.3 requires that any judicial order invalidating a
redistricting act shall specify every defect found by the court.
N.C.G.S. § 120-2.3. Section 120-2.4 states:
If the General Assembly enacts a plan apportioning
or redistricting State legislative or congressional
districts, in no event may a court impose its own
substitute plan unless the court first gives the
General Assembly a period of time to remedy any defects
identified by the court in its findings of fact and
conclusions of law. That period of time shall not be
less than two weeks. In the event the General Assembly
does not act to remedy any identified defects to its
plan within that period of time, the court may impose
an interim districting plan for use in the next general
election only, but that interim districting plan may
differ from the districting plan enacted by the General
Assembly only to the extent necessary to remedy any
defects identified by the court.
N.C.G.S. § 120-2.4. We do not believe that these provisions are
an unconstitutional usurpation of authority reserved to the
courts. First, N.C.G.S. § 120-2.4 is consistent with the remedy
fashioned by this Court in Stephenson I, where, after determining
that the existing plans were unconstitutional, we acknowledged
that the General Assembly should be given the initial opportunity
to draw new plans. See Stephenson I, 355 N.C. at 385, 562 S.E.2dat 398 (The General Assembly optimally should be afforded the
first opportunity to enact new redistricting plans for the North
Carolina Senate and North Carolina House of Representatives based
on the 2000 census and the constitutional requirements which we
have upheld in this opinion.). Second, and more generally,
because redistricting is a legislative responsibility, N.C.G.S.
§§ 120-2.3 and 120-2.4 give the General Assembly a first, limited
opportunity to correct plans that the courts have determined are
flawed. Not only do these statutes allow the General Assembly to
exercise its proper responsibilities, they decrease the risk that
the courts will encroach upon the responsibilities of the
legislative branch. N.C. Const. art. I, § 6 (The legislative,
executive, and supreme judicial powers of the State government
shall be forever separate and distinct from each other.).
Accordingly, we hold that N.C.G.S. §§ 120-2.3 and 120-2.4 are not
unconstitutional limitations on the judicial branch.
Redistricting cases are inordinately complex, politically
volatile, and relatively rare. Our review of the
constitutionality of the session law as codified in N.C.G.S.
§§ 1-81.1, 1-267.1, 120-2.3, and 120-2.4 has been informed by the
delicacy of the balance of powers set out in our Constitution.
In the context of redistricting, the potential for the branches
of government to collide with each other is great, and the
consequences of such a collision are grave. In passing these
statutes, the General Assembly has recognized the unique nature
of these infrequent but potentially divisive cases and has set
out a workable framework for judicial review that reduces the
appearance of improprieties. The order of the trial court in Morgan, finding the session
law constitutional as modified, is affirmed.
AFFIRMED.
Justices ORR and MARTIN did not participate in the
consideration or decision of this case.
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