El-Khouri, et al. v. State of N.C., et al.
CATHERINE M. EL-KHOURI, LAURA E. OBERBAUER, and W. ANTHONY PURCELL, Plaintiffs v. STATE OF NORTH CAROLINA, THE NORTH CAROLINA STATE BAR; L. THOMAS LUNSFORD, II, in his official capacity as Secretary/Treasurer of the north Carolina State Bar; THE NORTH CAROLINA BAR ADMINISTRATIVE COMMITTEE; MARGARET M. HUNT, in her official capacity as Chairperson of the North Carolina Bar Administrative Committee; DAVID YATES BINGHAM, in his official capacity as Vice-Chairperson of the North Carolina Bar Administrative Committee; and RONALD G. BAKER, SR., GILBERT W. CHICHESTER, WILLIAM M. CLAYOR, FORREST A. FERRELL, JOHN E. GEHRING, DOUGLAS R. GILL, SIDNEY J. HASSELL, JR., ISSAC HEARD, JR., PATRICIA HOLLAND, DAVID T. PHILLIPS, FRED D. POISSON, JR., DONALD C. PRENTISS, and JAN H. SAMET, in their official capacities as members of the North Carolina Bar Administrative Committee, Defendants.
Case Status
| Current Status: | Closed |
|---|---|
| Date Filed: | Oct 10th, 2007 |
| Last Action: | Aug 10th, 2009 |
| Court Filed In: | Wake County Superior |
Case Summary
The lawsuit, filed in Wake County Superior Court on behalf of three Charlotte area attorneys, challenges a statute which requires all attorneys in the state to pay $50 to a state fund to finance the campaigns of participating candidates for judgeships of the supreme court and state court of appeals. The lawsuit alleges that the forced contribution is an unconstitutional tax and a violation of the separation of powers mandate of the State Constitution. The lawsuit also alleges that the forced contribution violates 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.
Documents Filed
| Document Title | Date Filed | Court | Download |
|---|---|---|---|
| Memorandum of Decision and Order | 08/10/2009 | Wake County Superior | PDF 258KB |
| Memo in Opposition to Motion for Summary Judgment | 07/30/2009 | Wake County Superior | PDF 1.5MB |
| Memorandum in Support of Motion for Summary Judgment | 07/29/2009 | Wake County Superior | PDF 1.5MB |
| Motion for Summary Judgment | 03/10/2009 | Wake County Superior | PDF 69KB |
| Answer | 09/17/2008 | Wake County Superior | PDF 945KB |
| Order on Motion to Dismiss | 08/28/2008 | Wake County Superior | PDF 48KB |
| Memo in Support of Motion to Dismiss | 08/20/2008 | Wake County Superior | PDF 1.0MB |
| Memo in Opposition to Motion to Dismiss | 08/19/2008 | Wake County Superior | PDF 1.7MB |
| Defendants' Motion to Dismiss | 11/13/2007 | Wake County Superior | PDF 977KB |
| Complaint | 10/10/2007 | Wake County Superior | PDF 5.9MB |