August 2009 at NCICL
Aug 31st, 2009
August 2009
The North Carolina Institute for Constitutional Law is a nonpartisan organization that educates, informs and advises the public and elected officials on the rights of citizens under the constitutions of the United States and the State of North Carolina. NCICL also supports litigation by its lawyers on constitutional issues when appropriate. In keeping with its mission, NCICL is sending this newsletter to keep you abreast of our current endeavors, litigation, and research.
Litigation Updates
El Khouri, et al v. State of North Carolina, et al.
On August 10th, Wake County Superior Court Judge Howard Manning responded to the Plaintiffs’ challenge that a special fee imposed on all attorneys in the state violates the free speech guarantees of the First Amendment of the U.S. Constitution and the Declaration of Rights of the North Carolina Constitution because it forces the plaintiffs and other attorneys to support the political campaigns of judicial candidates with whom they may strenuously disagree. Judge Manning ruled that the fee violates the First Amendment when used to fund campaigns of candidates for Court of Appeals judge and Supreme Court justice. The decision comes nearly two years after NCICL filed the lawsuit on behalf of a group of public defenders in Mecklenburg County who were ordered to pay the fee or face suspension of their law licenses.
“To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical.” – Thomas Jefferson
Sean Haugh and J. Russell Capps v. County of Durham, et al.
Oral arguments will be heard by the North Carolina Court of Appeals on Wednesday, September 2nd, 2009, at 9:30AM. The lawsuit challenges a $100,000 give-away to Nitronex and alleges that the handout violates the Public Purpose and Exclusive Emoluments Clauses of the state constitution because, among other reasons, the private business received public money in connection with its mere 12 mile intrastate relocation from Wake County to Durham County for which the site had been already contracted five years prior to receiving the taxpayer money.
On August 12th, Judge Robert H. Hobgood granted a Petition for Declaratory Judgment and permanent injunction for June Atkinson, State Superintendent of Public Instruction, reestablishing Dr. Atkinson as head of the state’s public school system. This is a win not only for the Superintendent, who has regained her constitutional authority, but also for the citizens of this state who twice-elected the Superintendent .
“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government - lest it come to dominate our lives and interests.” -Patrick Henry
“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government - lest it come to dominate our lives and interests.” -Patrick Henry
NCICL Updates
Judge Narley Cashwell Joins NCICL
Judge Narley Cashwell has joined the North Carolina Institute for Constitutional Law as an attorney of counsel. Judge Cashwell was a Wake County District Court Judge from 1982-1986, a Partner at Kirby, Wallace, Creech, Sarda, Zaytoun & Cashwell from 1986-1991, and a Wake County Resident Superior Court Judge from 1991 to 2006. Prior to joining NCICL, he served as an emergency Superior Court Judge and is currently listed with the American Arbitration Association and arbitrates with the NC Court Ordered Arbitration Program.
“The Institute for Constitutional Law is delighted to have Judge Narley Cashwell join us. He brings years of valuable experience as a Superior Court judge, and I’m confident he will significantly contribute to our efforts advocating for good government and governmental compliance with our State Constitution," remarked Justice Orr.
Judge Narley Cashwell has joined the North Carolina Institute for Constitutional Law as an attorney of counsel. Judge Cashwell was a Wake County District Court Judge from 1982-1986, a Partner at Kirby, Wallace, Creech, Sarda, Zaytoun & Cashwell from 1986-1991, and a Wake County Resident Superior Court Judge from 1991 to 2006. Prior to joining NCICL, he served as an emergency Superior Court Judge and is currently listed with the American Arbitration Association and arbitrates with the NC Court Ordered Arbitration Program.
“The Institute for Constitutional Law is delighted to have Judge Narley Cashwell join us. He brings years of valuable experience as a Superior Court judge, and I’m confident he will significantly contribute to our efforts advocating for good government and governmental compliance with our State Constitution," remarked Justice Orr.
Donate to NCICL
The North Carolina Institute for Constitutional Law operates solely on the generosity of people who support our fight for freedom and fairness. NCICL depends on contributions from individuals, businesses and foundations. When you give to NCICL, you are supporting our goal to achieve good government in our State. Your entire contribution is tax deductible to the extent allowed under the law for 501 (c)(3) nonprofit organizations.Please Donate Online
Or mail your donation to:
Executive Director
North Carolina Institute for Constitutional Law
Suite 180 Six Forks Place I
333 E. Six Forks Road
Raleigh, NC 27609
“I know no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.” –Thomas Jefferson