North Carolina: Governor vetoes attempt to shrink Court of Appeals from 15 judges down to 12; “attempt by a political party to stack the Court of Appeals”, “unconstitutional”

North Carolina’s governor has vetoed an effort by the legislature to reduce that state’s intermediate appellate court (Court of Appeals) from 15 judges down to 12.

The veto message reads in operative part

Fewer judges will increase the court’s workload and delay the people’s access to timely appears and decisions. The bill is an attempt by a political party to stack the Court of Appeals. Additionally, I believe the legislation is unconstitutional.”

As I noted here, opponents claim the bill is a political move by the Republican controlled legislature to avoid giving the Democratic governor the power to fill interim vacancies set to occur as several members of the court are forced into mandatory retirement in the next few years. Proponents argue that that Court of Appeals’ caseload has dropped thus there isn’t the need for as many judges. They also note provisions in the bill that shift some cases directly to the Supreme Court.

The bill now goes back to the House which has scheduled an override vote for April 26.