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STATE EX REL. MARTIN v. PRESTON

No. 58PA89.

385 S.E.2d 473 (1989)

325 N.C. 438

STATE of North Carolina, ex rel., James G. MARTIN, as Governor of the State of North Carolina and James G. Martin, in his capacity as a citizen and Governor of the State of North Carolina, Plaintiffs, v. Edwin S. PRESTON, Jr., Henry V. Barnette, Jr., Franklin R. Brown, Robert E. Gaines, and Donald Stephens, in their capacities as regular Superior Court Judges and on behalf of all other similarly situated Superior Court Judges, and the North Carolina State Board of Elections, Original Defendants, and The North Carolina Association of Black Lawyers, Intervening Defendants.

Supreme Court of North Carolina.

November 9, 1989.

Attorney(s) appearing for the Case

Maupin, Taylor, Ellis & Adams, P.A. by W.W. Taylor, Jr., Charles B. Neely, Jr., Thomas A. Farr and John T. Matteson, Raleigh, for plaintiffs.

Lacy H. Thornburg, Atty. Gen. by Charles M. Hensey, Sp. Deputy Atty. Gen. and James Wallace, Jr., Asst. Atty. Gen., for original defendants.

Ferguson, Stein, Watt, Wallas, Adkins & Gresham, P.A. by James E. Ferguson, II, and Leslie J. Winner, for intervening defendants.

MITCHELL, Justice.

His Excellency The Governor of North Carolina, the Honorable James G. Martin, initiated this declaratory judgment action by the filing of a complaint on 23 December 1987 in his official capacity as Governor of the State of North Carolina and in his individual capacity as a citizen of the State. By his complaint, the plaintiff sought a construction of Chapter 509 of the 1987 North Carolina Session Laws (hereafter "Chapter 509").

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