- Gov. Josh Stein seeks a court order blocking a change in state law that would remove one of his appointments to the North Carolina Utilities Commission.
- Without court action, the process of shifting an appointment from the governor to State Treasurer Brad Briner would start May 1.
- By July 1, Stein would no longer control a majority of Utilities Commission appointments. The governor labels the appointments change unconstitutional.
Gov. Josh Stein is seeking a court order blocking a change in state law that would remove one of his appointments to the North Carolina Utilities Commission. Without court action, the process of shifting one of Stein’s three commission appointments to the state treasurer would begin on May 1.
Stein’s lawyers filed paperwork Monday seeking a temporary restraining order and preliminary injunction against the change. The court filing also asks for the case to be transferred to a three-judge panel.
The disputed Utilities Commission appointment makes up one piece of a lawsuit Stein filed on Feb. 7 against multiple provisions of Senate Bill 382, enacted in 2024 over then-Gov. Roy Cooper’s veto. Stein’s suit also challenges a provision in SB 382 that would restrict his appointments if he fills a statewide judicial vacancy. Stein challenges another law that limits his authority over a state Building Code Council.
Monday’s court filing mentions only the Utilities Commission.
Before SB 382, the governor appointed three of the commission’s five members. Legislative leaders appointed the other two members. The governor also selected the commission’s chair.
The challenged law moves one of Stein’s appointments to State Treasurer Brad Briner. SB 382 also removes Stein’s authority to select the chair.
“As a result, the Governor will no longer be able to appoint, supervise, or remove a majority of the members of the Utilities Commission,” Stein’s lawyers wrote.
The law calls for Briner to name his appointee by May 1 for legislative confirmation. Briner’s appointee would replace a governor’s appointee whose term ends June 30.
“Starting July 1, 2025, and upon legislative confirmation of the Treasurer’s appointee, the Utilities Commission is likely to elect a new chair that is not one of the Governor’s appointees,” Stein’s lawyers wrote. “These changes will cause immediate and irreparable injury, loss, or damage to the Governor if allowed to take effect.”
“The restructuring of the Utilities Commission violates the North Carolina Constitution — specifically Sections 1 and 5(4) of Article III and Section 6 of Article I,” the court filing continued.
“Senate Bill 382’s changes to the Utilities Commission prevent the Governor from fulfilling the duties and exercising the powers assigned to him in the Constitution,” Stein’s lawyers added.
SB 382 combined Hurricane Helene relief with a series of changes to state government’s structure. Lawmakers approved the measure in December over Cooper’s veto. Both Cooper and Stein are Democrats. Legislative leaders are Republicans.
In separate lawsuits, Stein challenges plans to move the State Board of Elections under the authority of State Auditor Dave Boliek, a Republican, and to prevent the governor from appointing a new commander of the State Highway Patrol.
“Senate Bill 382 usurps executive power by allowing the General Assembly to control the execution of the laws — a duty that is constitutionally committed to the Governor,” Stein’s lawyers wrote in the original complaint. “And the Bill attempts to rewrite the Governor’s constitutional powers by statute rather than a constitutional amendment submitted to the people.”
“Relevant here, Senate Bill 382 attempts to transfer the constitutional authority to fill appellate court vacancies from the popularly elected Governor to partisan insiders,” the lawsuit continued. “The Bill requires the Governor to fill vacancies on the North Carolina Supreme Court and Court of Appeals by selecting from a list of three candidates provided by the executive committee of the political party of the departing jurist.”
“This provision cannot be squared with the plain language of Article IV, Section 19 of our Constitution, which declares — without qualification — that ‘all vacancies occurring in the offices provided for by this Article shall be filled by appointment of the Governor.’ In short, Article IV, Section 19 grants the Governor an ‘unfettered power of appointment’ over judicial vacancies,” Stein’s lawyers wrote.
The lawsuit targets another change in appointment power.
“In another provision, Senate Bill 382 restricts the Governor’s authority over the North Carolina Utilities Commission by taking the appointment of one commissioner from the Governor and giving it to the State Treasurer,” Stein’s lawyers explained. “The Bill also takes away the Governor’s authority to select the Commission’s chair. As a result of Senate Bill 382’s changes, the Governor no longer has sufficient authority over the Utilities Commission to fulfill his constitutional duty to ‘take care that the laws be faithfully executed’ — a duty that is his alone.”
The lawsuit titled Stein v. Hall also focuses on another state law approved over Cooper’s veto in September.
“Senate Bill 166 alters the structure of the Building Code Council to restrict the Governor’s authority over it,” Stein’s lawyers wrote. “Although the Governor appoints a mathematical majority of seven of the thirteen members of the Building Code Council, Session Law 2024-49 requires an affirmative vote of a supermajority of members to approve any action, again preventing the Governor from performing his core constitutional function to ‘take care that the laws be faithfully executed.’”