North Carolina HB 1234: CORRECTIONAL FACILITY AUTHORITY

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1234

Short Title: Const. Amend./Supreme Court Ethics. (Public)
Sponsors: Representatives Butler, Morey, Rubin, and Longest (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
June 3, 2026
*H1234-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO DELINEATE 2
SITUATIONS IN WHICH A JUSTICE OF THE SUPREME COURT IS REQUIRED TO 3
RECUSE HIMSELF OR HERSELF AND TO REQUIRE THE DISCLOSURE BY A 4
JUSTICE OF THE SUPREME COURT OF CERTAIN SALES OR PURCHASES AND 5
TRAVEL. 6
The General Assembly of North Carolina enacts: 7
SECTION 1. Section 6 of Article IV of the North Carolina Constitution reads as 8
rewritten: 9
"Sec. 6. Supreme Court. 10
(1) Membership. The Supreme Court shall consist of a Chief Justice and six Associate 11
Justices, but the General Assembly may increase the number of Associate Justices to not more 12
than eight. In the event the Chief Justice is unable, on account of absence or temporary incapacity, 13
to perform any of the duties placed upon him, him or her, the senior Associate Justice available 14
may discharge those duties. 15
(2) Sessions of the Supreme Court. The sessions of the Supreme Court shall be held in 16
the City of Raleigh unless otherwise provided by the General Assembly. 17
(3) Required disqualification. A Justice of the Supreme Court shall disqualify himself or 18
herself from any proceeding before the Supreme Court if any of the following occurs, unless such 19
disqualification would prevent a quorum of the Supreme Court: 20
(a) The Justice knows or reasonably should know that he or she, individually or 21
as a fiduciary, has a financial interest in the subject matter in controversy or 22
in the party to a proceeding, or any other interest that could be substantially 23
affected by the outcome of the proceeding. For purposes of this subdivision, 24
the term "financial interest" includes ownership of shares of stock or other 25
securities cumulatively valued at ten thousand dollars ($10,000) or more in an 26
entity that is a party to the proceeding. 27
(b) The Justice or the Justice's spouse, or a person within the third degree of 28
relationship to either of them, or the spouse of such a person, is any of the 29
following: 30
1. A party to the proceeding, or an officer, director, or trustee of a party. 31
2. Acting as a lawyer in the proceeding. 32
3. Known by the Justice to have an interest that could be substantially 33
affected by the outcome of the proceeding. 34
4. Known by the Justice to likely be a material witness in the proceeding. 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 1234-First Edition
For purposes of this subdivision, the degree of relationship is calculated 1
according to the civil law system. 2
(c) The Justice previously served as a member of the General Assembly and the 3
subject matter in controversy is a challenge to the constitutionality or legal 4
propriety of a law for which the Justice served as a primary sponsor while 5
serving as a member of the General Assembly. 6
(4) Financial disclosures. In addition to all financial disclosures required by law, a Justice 7
shall disclose to the State Ethics Commission or any successor entity all of the following: 8
(a) The sale or purchase of any stock, property, or other financial interest valued 9
at ten thousand dollars ($10,000) or more no later than 45 days after the date 10
of such sale or purchase. 11
(b) Any income received other than the Justice's State salary. 12
(c) The name of any individual or entity who sponsored or funded any travel taken 13
by the Justice." 14
SECTION 2. The amendment set out in Section 1 of this act shall be submitted to 15
the qualified voters of the State at the general election to be held on November 3, 2026, which 16
election shall be conducted under the laws then governing elections in the State. Ballots, voting 17
systems, or both may be used in accordance with Chapter 163 of the General Statutes. The 18
question to be used in the voting systems and ballots shall be: 19
"[ ] FOR [ ] AGAINST 20
Constitutional amendment to require Supreme Court Justices to recuse themselves in 21
certain instances where they have financial or personal interests and to make certain financial 22
disclosures." 23
SECTION 3. The State Board of Elections shall certify the results of the referendum 24
conducted under Section 2 of this act. If a majority of votes cast on the question are in favor of 25
the amendment set out in Section 1 of this act, the Secretary of State shall enroll the amendment 26
among the permanent records of that office. If a majority of votes cast on the question are against 27
the amendment set out in Section 1 of this act, the amendment shall have no effect. 28
SECTION 4. If the certification from the State Board of Elections under Section 3 29
of