North Carolina Right to Life Committee Fund for Independent Political Expenditures v. Leake
Court Cases
North Carolina Right to Life Committee Fund for Independent Political Expenditures v. Leake
Campaign Finance Reform
Recognizing the importance of achieving and maintaining the appearance of an independent and impartial judiciary, in 2002 North Carolina became the first state to enact a voluntary public financing program for campaigns for its appellate judicial seats. In 2005, two future potential candidates for seats on the North Carolina judiciary and two political committees filed a complaint in federal court charging that North Carolina’s judicial public financing law generally, and some provisions in particular, violate the First Amendment and the Equal Protection clause of the U.S. Constitution.
In September 2006, the Brennan Center was granted permission to intervene on behalf of James R. Ansley, a candidate in the 2004 North Carolina judicial race, and Common Cause North Carolina, to help defend the program. The Brennan Center has also filed a motion to dismiss eight counts of Plaintiffs' Complaint, including challenges to the program generally, the program's rescue and trigger funds provisions, the program's reporting requirements, and an attorney bar membership surcharge, which requires attorneys to pay $50 to help implement the program.
In March 2007, the motion to dismiss the case was granted.
On April 26, 2007, Plaintiffs filed a Notice of Appeal with the U.S. Court of Appeals for the 4th Circuit. In June 2007, Appellant Barbara Jackson was dismissed from the action, thereby amending the caption to Duke, et al. v. Leake, et al.
Oral arguments were held on December 7, 2007. In an unanimous decision, on May 1, 2008, the 4th Circuit affirmed the dismissal of the challenge to North Carolina's public funding law. The caption has been amended to North Carolina Right To Life Committee Fund for Independent Political Expenditures, et al. v. Leake, et al.
U.S. Court of Appeals Briefs in Support of Appellees
- Answering Brief of Appellees
- Combined Amicus Brief on behalf of Ten Organizations Concerned About the Influence of Money on Judicial Integrity, Impartiality, and Independence
- Combined Amicus Brief on behalf of S. Gerald Arnold, G.K. Butterfield, J. Phil Carlton, Henry E. Frye, K. Edward Greene, Harry C. Martin, Francis I. Parker, and Willis P. Whichard
- Amicus Brief on behalf of Democracy North Carolina
U.S. Court of Appeals Briefs in Support of Appellants
Other Important Court Documents
Related Court Documents
- Duke v. Leake - U.S. Court of Appeals for the 4th Circuit Opinion (05/01/08)
- Duke, et al. v. Leake, et al. - Amicus Brief on behalf of Democracy North Carolina (08/15/07)
- Duke, et al. v. Leake, et al. - Combined Brief on behalf of S. Gerald Arnold, G.K. Butterfield, J. Phil Carlton, Henry E. Frye, K. Edward Greene, Harry C. Martin, Francis I. Parker, and Willis P. Whic (08/15/07)
- Duke, et al. v. Leake, et al. - Combined Brief on behalf of Ten Organizations Concerned about the Influence of Money on Judicial Integrity, Impartiality, and Independence (08/15/07)
- Duke, et al. v. Leake, et al. - Appellees’ Answering Brief (08/06/07)
- Duke, et al. v. Leake, et al. - Appellants Opening Brief (07/03/07)
- Jackson v. Leake - Order Granting Dismissal of Case (03/30/07)
- Jackson v. Leake - Order Denying Preliminary Injunction (10/26/06)
- Jackson v. Leake - Reply Memorandum in Support of Intervenors-Defendants’ Motion to Dismiss (10/06/06)
- Jackson v. Leake - Intervenors- Defendants’ Amended Motion to Dismiss (09/22/06)
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