North Carolina Supreme Court elections, 2022

2022 State Judicial Elections
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Richard Dietz (R) defeated Lucy N. Inman (D), and Trey Allen (R) defeated incumbent Sam Ervin IV (D), in partisan elections for two North Carolina Supreme Court seats on November 8, 2022. As a result of these elections, the court flipped from a 4-3 Democratic majority to a 5-2 Republican majority in 2023. Heading into the 2020 election, Democrats had a 6-1 majority on the court.

Justice Robin Hudson (D) did not run for re-election in 2022 because she was nearing the court’s mandatory retirement age. Dietz and Inman, both judges on the North Carolina Court of Appeals, ran to succeed her.

Ervin was elected to the court in 2014. At the time of the 2022 election, Allen was general counsel for the North Carolina Administrative Office of the Courts.

The Carolina Journal’s Donna King wrote in October, "Partisan politics on the high court have come under scrutiny, particularly as battles over the state’s redistricting maps, voter ID, felon voting, and other partisan issues have made their way to the justices who, generally, have voted along partisan lines."

According to Axios Raleigh's Lucille Sherman and Danielle Chemtob, "All four candidates ... emphasized that they will make decisions independent of their party. They say they aim to restore the public's faith in the courts, as it's become increasingly polarized in recent years."

Following multiple legal challenges during the 2020 redistricting cycle, court-appointed special masters drew a temporary congressional map for the 2022 midterm elections. At the time of the election, North Carolina congressional redistricting was at the center of the U.S. Supreme Court case Moore v. Harper, and redistricting litigation was also ongoing in state court.

Spending in these two races put North Carolina in the top three states for most expensive supreme court races in 2022. Satellite groups spent millions of dollars on ads focusing on crime and abortion.

In 2020, Republicans gained two net seats, with incumbent Associate Justice Paul Martin Newby (R) defeating incumbent Chief Justice Cheri Beasley (D) by 412 votes in the race for chief justice and Tamara Barringer (R) defeating incumbent Associate Justice Mark A. Davis (D) 51.2% to 48.8%.

North Carolina began using partisan elections for judicial selection in 2018. Supreme court justices are elected to eight-year terms.

North Carolina was one of 30 states that held elections for state supreme court in 2022. That year, 84 of the 344 seats on state supreme courts were up for election. Of those, 64 were held by nonpartisan justices, 13 were held by Republican justices, and eight were held by Democratic justices. For more on the partisan affiliation of state supreme court justices, click here. For an overview of state supreme court elections in 2022, click here.

To view information about each supreme court candidate in the North Carolina judicial voter guide, click here. To view responses from candidates who completed Ballotpedia's Candidate Connection survey, click here.

Candidates and results

Seat 3: Hudson vacancy

General election

General election for North Carolina Supreme Court

Richard Dietz defeated Lucy N. Inman in the general election for North Carolina Supreme Court on November 8, 2022.

		Candidate	%	Votes
✔		Richard Dietz (R)	52.4	1,965,840
		Lucy N. Inman (D)	47.6	1,786,650

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	There were no incumbents in this race. The results have been certified. Source	Total votes: 3,752,490
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
Do you want a spreadsheet of this type of data? Contact our sales team.

Democratic primary election

The Democratic primary election was canceled. Lucy N. Inman advanced from the Democratic primary for North Carolina Supreme Court.

Republican primary election

The Republican primary election was canceled. Richard Dietz advanced from the Republican primary for North Carolina Supreme Court.

Seat 5: Ervin's seat

General election

General election for North Carolina Supreme Court

Trey Allen defeated incumbent Sam Ervin IV in the general election for North Carolina Supreme Court on November 8, 2022.

		Candidate	%	Votes
✔		Trey Allen (R)	52.2	1,957,440
		Sam Ervin IV (D)	47.8	1,792,873

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	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 3,750,313
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
Do you want a spreadsheet of this type of data? Contact our sales team.

Democratic primary election

The Democratic primary election was canceled. Incumbent Sam Ervin IV advanced from the Democratic primary for North Carolina Supreme Court.

Republican primary election

Republican primary for North Carolina Supreme Court

Trey Allen defeated April C. Wood and Victoria Prince in the Republican primary for North Carolina Supreme Court on May 17, 2022.

		Candidate	%	Votes
✔		Trey Allen	55.4	385,124
		April C. Wood	36.3	252,504
	Submit photo	Victoria Prince	8.3	57,672

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	There were no incumbents in this race. The results have been certified. Source	Total votes: 695,300
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
Do you want a spreadsheet of this type of data? Contact our sales team.

Justices not on the ballot

• Robin Hudson (D)

Voting information

See also: Voting in North Carolina

Election information in North Carolina: Nov. 8, 2022, election.

What was the voter registration deadline?

• In-person: Oct. 14, 2022
• By mail: Postmarked by Oct. 14, 2022
• Online: Oct. 14, 2022

Was absentee/mail-in voting available to all voters?

N/A

What was the absentee/mail-in ballot request deadline?

• In-person: Nov. 1, 2022
• By mail: Received by Nov. 1, 2022
• Online: Nov. 1, 2022

What was the absentee/mail-in ballot return deadline?

• In-person: Nov. 8, 2022
• By mail: Postmarked by Nov. 8, 2022

Was early voting available to all voters?

Yes

What were the early voting start and end dates?

Oct. 20, 2022 to Nov. 5, 2022

Were all voters required to present ID at the polls? If so, was a photo or non-photo ID required?

N/A

When were polls open on Election Day?

N/A

Candidate comparison

Ballotpedia's Candidate Connection survey responses

Seat 3

Ballotpedia asks all federal, state, and local candidates to complete a survey and share what motivates them on political and personal levels. The section below shows responses from candidates in this race who completed Ballotpedia's Candidate Connection survey. Candidates are asked three required questions for this survey, but they may answer additional optional questions as well.

Survey responses from candidates in this race

Click on a candidate's name to visit their Ballotpedia page.

Note: Ballotpedia reserves the right to edit Candidate Connection survey responses. Any edits made by Ballotpedia will be clearly marked with [brackets] for the public. If the candidate disagrees with an edit, he or she may request the full removal of the survey response from Ballotpedia.org. Ballotpedia does not edit or correct typographical errors unless the candidate's campaign requests it.

Expand all | Collapse all

Please list below 3 key messages of your campaign. What are the main points you want voters to remember about your goals for your time in office?

Lucy N. Inman (D)

I am running to preserve the rule of law, to keep the Supreme Court free of partisan political influence, and to protect all people’s rights enshrined in our federal and state constitutions.

Every person in every courtroom deserves to be treated fairly and with respect. That means judges must: • Listen • Honestly consider the facts of each case • Apply the law equally to everyone, without fear or favor • Write consistent decisions in terms the general public can understand • Leave politics at the courthouse door

Three retired North Carolina Supreme Court chief justices and dozens of retired justices and judges across the state -- both Democrats and Republicans -- have endorsed me as the most qualified candidate in my race.

What areas of public policy are you personally passionate about?

Lucy N. Inman (D)

I devote most of my volunteer time teaching other judges, lawyers, and law students on topics including the people living with mental disabilities, the impact on others when legal professionals are impaired by untreated mental health and substance abuse problems, rights and responsibilities of legal professionals with respect to sexual harassment and abuse and in the workplace, and practical skills including how to make effective arguments in our trial and appellate courts.

I serve on the Board of NC BarCARES, which provides free, professional, and confidential mental health and substance abuse treatment for lawyers, paralegals, law students, and in some cases members of their families and devote substantial time and effort helping families navigate public and private mental health bureaucracies. I also have volunteered my time on the boards of nonprofit organizations making art, history, and understanding of how children and adults can channel emotional trauma into productive creative work. I also occasionally provide basic volunteer services picking up trash, planting trees, and gathering and distributing food and staples for people living in poverty, many of them without homes.

Seat 5

Ballotpedia asks all federal, state, and local candidates to complete a survey and share what motivates them on political and personal levels. The section below shows responses from candidates in this race who completed Ballotpedia's Candidate Connection survey. Candidates are asked three required questions for this survey, but they may answer additional optional questions as well.

Survey responses from candidates in this race

Click on a candidate's name to visit their Ballotpedia page.

Note: Ballotpedia reserves the right to edit Candidate Connection survey responses. Any edits made by Ballotpedia will be clearly marked with [brackets] for the public. If the candidate disagrees with an edit, he or she may request the full removal of the survey response from Ballotpedia.org. Ballotpedia does not edit or correct typographical errors unless the candidate's campaign requests it.

Expand all | Collapse all

Please list below 3 key messages of your campaign. What are the main points you want voters to remember about your goals for your time in office?

Trey Allen (R)

Many people have lost faith in our courts because they believe that judges routinely make decisions based on their political views. If elected to the NC Supreme Court, I will work to increase confidence in the judiciary by deciding every case solely on the facts and the law. Politics will play no part in my decisions.

We need a justice system that treats everyone fairly but that also holds people who have been duly convicted of wrongdoing accountable for their actions.

Continued technological innovation could dramatically improve the administration of justice in North Carolina by making our courts more accessible and efficient. During the COVID-19 pandemic, many judges began holding remote proceedings under emergency orders adopted by the Chief Justice of the NC Supreme Court. As General Counsel for the NC Administrative Office of the Courts (NCAOC), I worked on legislation that has allowed judges to continue holding certain proceedings remotely after the expiration of those orders. The NCAOC is also in the process of implementing electronic filing for our judicial system. Electronic filing should make it much for more people to participate in our justice system.

Sam Ervin IV (D)

Each case should be decided based on the law, the facts, and nothing else.

Every person should be treated equally under the law.

Judicial officials should not have a partisan or political agenda.

What areas of public policy are you personally passionate about?

Trey Allen (R)

My views on matters of public policy are not relevant to my campaign for a seat on the NC Supreme Court. The authority of the judiciary ultimately rests on the public's confidence that the courts base their rulings on the facts and the law. If elected to the NC Supreme Court, I will not allow my policy preference or political opinions to influence my decisions.

Sam Ervin IV (D)

Judicial officials, including Justices of the Supreme Court of North Carolina, are supposed to decide the cases that come before them without taking their own public policy positions into account and without attempting to implement a political or ideological agenda. Courts exist to ensure that all persons entitled to legal remedies are able to obtain them, to protect the legal rights of all people, and to ensure that each branch of government, including the judiciary, remains within proper constitutional bounds. Judicial officials are supposed to decide the cases that come before them based upon a dispassionate analysis of the law as it is reflected in the relevant constitutional provisions, statutory provisions, and common law principles and the facts and not on the basis of political or ideological considerations. I am exceedingly concerned about the increasing extent to which courts are seen as just another partisan political institution and am running for re-election to the position that I currently occupy in order to do what I can to preserve a fair and impartial judiciary

Who do you look up to? Whose example would you like to follow, and why?

Sam Ervin IV (D)

I look up to a lot of people, but among the most important are my parents and grandparents, each of whom, in their own way, taught me a lot. My father and paternal grandfather, both of whom were judges, had a significant influence on my approach to deciding cases as an appellate judge, with my grandfather having emphasized that no one was above the law and that all people were entitled to have their legal rights protected and my father having emphasized that what appellate judges do has a real impact on real people and that they should take their work very seriously for that reason. I learned a great deal about the importance of serving the community from my mother, who was a public school social studies teacher, served as a member of the Board of Trustees for both the University of North Carolina at Greensboro and Davidson College, and actively participated in the work of our church and many other non-profit organizations. I learned the importance of kindness and patience from my paternal grandfather and maternal grandmother, who were, perhaps, the nicest and most patient people that I have known in my life. And I learned the importance of persevering in the face of hardship from my maternal grandmother, who raised two children during the Great Depression at a time when she suffered from severe migraine headaches for which there was no effective treatment. I remember the lessons that I learned from my parent and grandparents every day.

What qualities do you possess that you believe would make you a successful officeholder?

Sam Ervin IV (D)

I have held public office in North Carolina for going on a quarter of a century. During that time, I believe that I have demonstrated that I work very hard by mastering the trial record, carefully studying the law, and making decisions that conscientiously apply the law to the facts and that treat everyone as equal under the law. I further believe that an examination of my record will reveal that I carefully study the record and the briefs that have been submitted for the Court's consideration, that I am open to persuasion by all parties and that I write thorough opinions that fully explain the basis for the decision that has been made. As a result, I believe that my lengthy record of service in judicial and quasi-judicial office shows that I am the best qualified candidate in the race for the seat on the Supreme Court of North Carolina that I now occupy.

What do you believe are the core responsibilities for someone elected to this office?

Sam Ervin IV (D)

The core duties of an Associate Justice of the Supreme Court of North Carolina revolve around deciding cases involving difficult questions of North Carolina and federal law. I do not believe that judicial officials should espouse a particular political philosophy and think that, instead, they should strive to make sure that their work does not tend to suggest that they have one. Instead, unlike officials housed in the executive and legislative branches, members of the appellate judiciary are supposed to decide specific legal issues that arise in disputes between the parties in the cases that come before the court based upon an examination of the law, the facts, and nothing else and should treat everyone as equal under the law. Appellate judges, at least in my view, are not supposed to attempt to implement their own political or ideological views in the course of making judicial decisions and should, instead, simply apply the existing law to the facts in a dispassionate manner. I am very concerned about the fact that the courts are increasingly being viewed as just another partisan political institution, which is the exact opposite of what they are supposed to be, and that appellate judicial races seem to me to be getting more and more partisan with each new election cycle. I am running for re-election to the Supreme Court of North Carolina in order to stand up for the existence of an appellate judiciary which does what judges are supposed to do, no more and no less.

What is your favorite book? Why?

Sam Ervin IV (D)

My favorite non-Biblical books is The Sound and the Fury by William Faulkner, which is generally recognized as one of the greatest novels ever written by an American. I am drawn to The Sound and the Fury because it paints a compelling psychological portrait of what had once been a distinguished Southern family in decline because of the weaknesses of each of its members and because, in the midst of tragedy, the book still strikes a note of hope through the endurance of Dilsey, who continues to love the members of the family and to do what she can for them in spite of their failings. I see something new in the The Sound and the Fury every time I read it and think that it still has a lot to teach us about many different subjects almost a century after its initial publication.

How would you describe your legal philosophy?

Trey Allen (R)

I believe that our state's judges should remain faithful to our federal and state constitutions, base their decisions solely on the facts and the law, and provide equal justice under law for all North Carolinians. In constitutional cases, judges should be guided by the text and history of the constitutional provision(s) at issue. Judges should interpret statutes according to their wording and the intent of the legislature. Judges should not rewrite our laws to match their personal preferences or political opinions. While treating everyone fairly and with respect, the courts should hold individuals who have been duly convicted of crimes accountable for their actions.

Sam Ervin IV (D)

My judicial philosophy is relatively simple. A member of the appellate judiciary has two essential tasks. First, he or she is called upon to decide legal disputes between citizens and citizens; citizens and business entities; multiple business entities; and citizens or business entities, on the one hand, and the State or state agencies, on the other. Secondly, members of the appellate judiciary are called upon to ensure that the legislative, executive, and judicial branches exercise the authority that is available to them subject to appropriate constitutional limits. I believe that the role of a judge in attempting to carry out both of these functions is to decide specific cases on the basis of the existing law and the properly-established facts without attempting to further any sort of political or ideological agenda. I believe that my record in judicial and quasi-judicial office demonstrates that I decide cases based solely on the law and the facts and that I do not attempt to implement any sort of political or ideological agenda as I go about my work.

What is your primary concern about today's legal system in your state?

Sam Ervin IV (D)

My primary concern about today's legal system is the increasing loss of confidence in the judicial system on the part of many of our fellow citizens. As I have already indicated, I strongly believe that the task of appellate judges is to decide specific cases based solely on the law and the facts while treating everyone as equal under the law and that judges should not attempt to implement some sort of political or ideological agenda through their decisions. However, the return to partisan judicial elections in North Carolina coupled with the increasing amount of money being spent in those races tends to suggest to the average voter that judicial officials are, in fact, little more than partisan political actors. The legitimacy of the decisions made by the judicial branch rests, in large part, upon public confidence that judges are, in fact, doing what they are supposed to do. I decided to run for re-election to the Supreme Court of North Carolina for the purpose of attempting to ensure the existence of a judicial system that carries out the fundamental mission that has been given to it under our state constitution..

How does your state’s supreme court serve as part of the state government’s checks and balances?

Sam Ervin IV (D)

As I indicated in response to an earlier question, one of the roles of the appellate judiciary is to ensure that each branch of government remains within proper constitutional bounds. The Supreme Court of North Carolina has made a number of decisions addressing separation of powers issues in recent years, having both upheld and rejected assertions of power on the part of the other branches of government. In these increasingly partisan times, it is more important that ever for state appellate courts to ensure that the each branch of government is able to do what it is constitutionally entitled to do without intruding into the work of the other branches of government.

If you are not a sitting judge, do you have any previous judicial experience? Do you believe it’s important to have that kind of experience for this judgeship?

Trey Allen (R)

When it comes to service on the NC Supreme Court, broad legal experience is more important than previous experience as a judge. (Three of the Court's seven current justices were not judges prior to joining the Court.) I began my legal career as a judge advocate in the US Marine Corps, prosecuting crimes, advising commanders, and helping Marines with their personal legal problems. I practiced law and became a partner at a Raleigh law firm, where I handled constitutional law and other civil claims in state and federal courts. I subsequently joined the faculty at the UNC School of Government, earning tenure and a distinguished term professorship for my teaching and scholarship on aspects of NC law. In my current role as General Counsel for the NC Administrative Office of the Courts, I serve as the top attorney for our state’s court system. Trial court judges, clerks of court, and magistrates contact my office for legal guidance on criminal and civil matters.

About the North Carolina Supreme Court

See also: North Carolina Supreme Court

The Supreme Court of North Carolina is the state's highest appellate court and is located in Raleigh, North Carolina. The court consists of six associate justices and one chief justice, although the number of justices has varied from time to time.

Political composition

This was the political composition of the supreme court heading into the 2022 election.

■ Phil Berger Jr.		Elected in 2020
■ Tamara Barringer		Elected in 2020
■ Anita Earls		Elected in 2018
■ Sam Ervin		Elected in 2014
■ Robin Hudson		Elected in 2006 and 2014
■ Michael R. Morgan		Elected in 2016
■ Paul Martin Newby		Elected in 2004, 2012, and 2020

Selection

The North Carolina Supreme Court has seven justices. Starting with the 2018 election, the justices began to be chosen by partisan election. This became law in December 2016. Before that, election of appellate judges had been nonpartisan since 2004. In the event of a midterm vacancy, the outgoing judge is replaced via merit selection. With the help of a judicial nominating commission, the governor appoints a successor to serve until the next general election occurring more than 60 days after the vacancy occurred. A judge is then elected.

Qualifications

To serve on this court, a judge must be:

• learned in the law and
• under the age of 72 (retirement at 72 is mandatory).

Selection of the chief justice

The chief justice of the supreme court is elected by voters to serve in that capacity for a full eight-year term. North Carolina is one of only seven states in which the chief justice is elected by voters.

Analysis

Ballotpedia Courts: Determiners and Dissenters (2021)

See also: Ballotpedia Courts: Determiners and Dissenters

In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.

The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:

• We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
• We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
• We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
• We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.

Summary of cases decided in 2020

• Number of justices: 7
• Number of cases: 179
• Percentage of cases with a unanimous ruling: 66.5% (119)
• Justice most often writing the majority opinion: Ervin (28)
• Per curiam decisions: 18
• Concurring opinions: 7
• Justice with most concurring opinions: Ervin (2)
• Dissenting opinions: 51
• Justice with most dissenting opinions: Newby (26)

For the study's full set of findings in North Carolina, click here.

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship

Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:

• Strong Democrat
• Mild Democrat
• Indeterminate
• Mild Republican
• Strong Republican

We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.

North Carolina had a Court Balance Score of -8.86, indicating Democrat control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.

See also

North Carolina	Judicial Selection	More Courts
Courts in North Carolina North Carolina Court of Appeals North Carolina Supreme Court	Elections: 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in North Carolina	Federal courts State courts Local courts

External links

• Search Google News for this topic
• North Carolina Supreme Court

Footnotes

North Carolina courts

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Federal courts:

Fourth Circuit Court of Appeals • U.S. District Court: Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina • U.S. Bankruptcy Court: Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina

State courts:

Supreme Court of North Carolina • North Carolina Court of Appeals • North Carolina Superior Courts • North Carolina District Courts

State resources:

Courts in North Carolina • North Carolina judicial elections • Judicial selection in North Carolina

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