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LEWIS v. BLACKBURN

Nos. 83-1040(L), 83-1041.

734 F.2d 1000 (1984)

Georgia J. LEWIS, Appellee, v. R. Max BLACKBURN, Appellant, and Frank W. Snepp, Defendant. North Carolina Civil Liberties Union, Amicus Curiae/E. Georgia J. LEWIS, Appellee, v. R. Max BLACKBURN, Defendant, and Frank W. Snepp, Appellant. North Carolina Civil Liberties Union, Amicus Curiae/E.

United States Court of Appeals, Fourth Circuit.

Decided May 17, 1984.

Attorney(s) appearing for the Case

Harry H. Harkins, Jr., Asst. Atty. Gen., Millard R. Rich, Jr., Deputy Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen., Jane S. Barkley, Raleigh, N.C., on brief), for appellants.

George Daly, Charlotte, N.C., for appellee.

Norman B. Smith, Greensboro, N.C., Daniel H. Pollitt, Univ. of North Carolina, School of Law, and Dean Shangler and Jay Trehy, Third Year Law Students on brief as amicus curiae.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and ALDRICH, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

Since August, 1978, Georgia Lewis has served as a magistrate in the state courts of Mecklenburg County, North Carolina. Under Article IV, § 10 of the North Carolina Constitution, magistrates are appointed every two years by the senior resident superior court judge of the county from a list of nominations submitted by the clerk of superior court; once appointed, magistrates serve as officers of the county district court and report...

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