North Carolina Supreme Court Justice Files Federal Lawsuit Over Diversity Comments

In an unexpected twist, North Carolina Supreme Court Justice Anita Earls has taken a bold step by filing a federal lawsuit against the state's judicial standards commission. This move comes after the commission decided to investigate comments she made regarding the diversity of the state's judicial system. The latest court documents reveal that Earls is firmly asserting her right to free speech under the First Amendment as she battles the allegations.

As one of the two Black justices on the state's highest court, Earls has come under scrutiny for her remarks about diversity within the judicial system. The controversy ignited when she spoke with the online legal journal Law360.com, suggesting that the state supreme court should delve into the reasons behind the lack of diversity in state courts and address any implicit biases within the judiciary.

The heart of the investigation is to determine whether Earls' comments have violated the state's Code of Judicial Conduct.

In a letter dispatched to Earls on August 15, the commission stated that they are reopening an investigation based on Earls' comments, which "appear to allege that your Supreme Court colleagues are acting out of racial, gender, and/or political bias in some of their decision making." The letter also recalls a previous investigation that focused on allegations of Earls disclosing confidential information about the court at public events and to a reporter. That investigation was ultimately dismissed with a warning about public comments. The panel decided to revisit this case in light of the recent interview.

Earls is not taking this investigation lying down; she has filed a lawsuit against the commission, seeking federal court intervention to halt any action against her. She argues that she is merely exercising her right to speak on matters of public concern and that her comments should be protected under the First Amendment.

In her lawsuit, Earls claims that her opponents have consistently instigated "intrusive investigations, initiated by one or more anonymous informers." Pressly Millen, Earls' attorney, emphasized that her free speech should not be subject to regulation or restriction, underscoring the importance of the First Amendment for all citizens, including judges.

During her interview with Law360.com, Earls was asked to explain why individuals making oral arguments before the court are predominantly White males, despite diversity in the state bar and the state's population. She pointed out implicit biases in the court's decision-making, particularly with regard to gender and race disparities. According to Earls, White male advocates receive more respect and are treated better by the court.

However, she clarified that she wasn't accusing anyone of conscious, intentional racial animus. Instead, she acknowledged the presence of implicit biases within the court system, as supported by research on human behavior.

Anita Earls, a Democrat, is gearing up for re-election in 2026. Should she be found in breach of the state's judicial standards, she could face sanctions, possibly even removal from the bench.

The political landscape shifted significantly in 2022 when the state's highest court transitioned from a 4-3 Democratic majority to a 5-2 Republican majority, as previously reported.

In response to the ongoing legal battle, the North Carolina Judicial Standards Commission has refrained from commenting on the specific details of the lawsuit or the investigation into Earls. The commission maintains its stance as a non-partisan investigative body, comprised of members appointed by various authorities, and is obligated to investigate all alleged instances of judicial misconduct, as expressed by Brittany Pinkham, Executive Director of the North Carolina Judicial Commission.