RALEIGH, N.C. — On Thursday, North Carolina Governor Roy Cooper and incoming Governor Josh Stein initiated legal action contesting the legality of a segment of a recently passed law by the Republican-controlled General Assembly. This legislation undermines Stein’s authority and that of other Democrats elected statewide in the past month.
Stein, who is stepping down as attorney general, along with Cooper, who is concluding his eight-year tenure, filed their complaint in Wake County Superior Court. Central to their lawsuit is a clause that restricts Stein from selecting his own head of the State Highway Patrol. If this legal provision is upheld, the current patrol leader, appointed by Cooper over three years ago, could remain in position until June 2030—18 months beyond the end of the term for which Stein was elected.
The legal challenge asserts that the provision grants the incumbent commander, Col. Freddy Johnson, a unique five-year tenure. It also diminishes the governor’s ability to guarantee the proper enforcement of state laws through essential executive and law enforcement responsibilities, as the commander would essentially be unanswerable to the governor, according to the lawsuit.
“This new law jeopardizes public safety, disrupts the command structure during emergencies, and disregards the electorate’s decision,” Stein stated in a press release. “Our citizens deserve a government that prioritizes their safety over political maneuvering by the legislature.”
The lawsuit aims to prevent the enforcement of the General Assembly’s appointment limitations while the case is ongoing, ultimately seeking a ruling declaring the disputed provision unconstitutional under North Carolina law.
Additional court disputes are anticipated. On Wednesday, the legislature finalized the law after successfully overriding Cooper’s veto in the House. This legislation also shifts the appointment powers for the State Board of Elections from the governor to the state auditor, who will soon be a Republican. Furthermore, the law also dilutes the governor’s authority to fill vacancies on the state Supreme Court and Court of Appeals, and restricts the next attorney general, Democrat Jeff Jackson, from opposing the General Assembly’s legal positions in cases contesting the validity of laws.
The Highway Patrol has traditionally operated under the Department of Public Safety, with the governor selecting the commander at will. The new law reestablishes the patrol as an independent, Cabinet-level body, requiring the governor to appoint a commander to a five-year term that must be confirmed by the General Assembly.
However, the law includes stipulations that state the commander in position on a specified date the previous month—though Johnson’s name is not mentioned—will continue to serve until the following July, fulfilling the five-year term “without necessitating a new nomination by the governor or confirmation from the General Assembly.” The only circumstances that could alter this situation are death, resignation, or incapacity.
This setup could enable the “legislatively-appointed commander” to feel emboldened to ignore or postpone the governor’s directives due to the security of his position, the lawsuit contends.
Representatives for House Speaker Tim Moore and Senate leader Phil Berger did not respond promptly to requests for comments concerning the lawsuit on Thursday evening. Additionally, there was no immediate word from Johnson, conveyed through a patrol spokesperson. All three officials are included as defendants in the lawsuit.
