Today, Governor Josh Stein announced that he would not appeal the trial court’s ruling in litigation involving Senate Bill 382’s changes to the structure of the State Highway Patrol. Governor Stein released the following statement about his decision:
“I brought this lawsuit to ensure that our public safety leaders are accountable to the people of North Carolina, as required by our state’s Constitution. Making a Commander of the State Highway Patrol unremovable for any reason would threaten public safety, and I am relieved the Court did not endorse such a result. I continue to have confidence in Colonel Freddy Johnson’s ability to lead the State Highway Patrol effectively, and I look forward to continuing to work with him to keep people safe.”
Governor Stein challenged Senate Bill 382 because the bill was ambiguous about whether it sought to overturn the Governor’s constitutional authority to remove the Commander of the State Highway Patrol in appropriate circumstances, at least until 2030. The bill could have been interpreted to prevent the Governor from removing the Commander under any circumstance, including if the Commander refused to perform his duties, abused his office, or was convicted of serious crimes.
Last month, a three-judge panel held that Senate Bill 382 was not clearly unconstitutional. Though he disagrees with certain aspects of that decision, the Governor understands it to recognize his constitutional authority to remove a Commander and thus does not believe an appeal is necessary at this time.