N. C. STATE CONFERENCE OF NATIONAL ASS'N FOR ADVANCEMENT OF COLORED PEOPLE v. MOORE

No. 261A18-3.

866 S.E.2d 476 (2022)

NORTH CAROLINA STATE CONFERENCE OF the NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE, Plaintiff-Appellant, v. Tim MOORE, in his official capacity, Phil Berger, in his official capacity, Defendant-Appellees.

Supreme Court of North Carolina.

January 7, 2022.


Attorney(s) appearing for the Case

Kimberley G. Hunter , Attorney at Law, For NC NAACP.

David L. Neal , Attorney at Law, For NC NAACP.

Irving Joyner , Attorney at Law, Durham, For NC NAACP.

Daryl V. Atkinson , Attorney at Law, For NC NAACP.

Martin M. Warf , Attorney at Law, For Moore, Tim, et al.

Noah H. Huffstetler, III , Attorney at Law, Raleigh, For Moore, Tim, et al.

Colin Shive , Attorney at Law, Raleigh, For N.C. Professors of Constitutional Law.

Robert F. Orr , Attorney at Law, Asheville, For N.C. Professors of Constitutional Law.

John J. Korzen , Attorney at Law, For Democracy North Carolina.

Douglas B. Abrams , Attorney at Law, Raleigh, For N.C. Advocates for Justice.

Noah B. Abrams , Attorney at Law, Raleigh, For N.C. Advocates for Justice.

Matthew E. Lee , Attorney at Law, Raleigh, For N.C. Advocates for Justice.

Robert Harrington , Attorney at Law, Charlotte, For North Carolina Legislative Black Caucus.

Adam K. Doerr , Attorney at Law, Charlotte, For North Carolina Legislative Black Caucus.

Erik R. Zimmerman , Attorney at Law, Chapel Hill, For North Carolina Legislative Black Caucus.

Travis S. Hinman , Attorney at Law, Charlotte, For North Carolina Legislative Black Caucus.

Jaclyn A. Maffetore , Attorney at Law, For American Civil Liberties Union of North Carolina.

Leah J. Kang , Attorney at Law, For American Civil Liberties Union of North Carolina.

Kristi L. Graunke , Attorney at Law, For American Civil Liberties Union of North Carolina.

Daniel F.E. Smith , Attorney at Law, For Governor Roy Cooper.

Jim W. Phillips, Jr. , Attorney at Law, Greensboro, For Governor Roy Cooper.

Eric M. David , Attorney at Law, Raleigh, For Governor Roy Cooper.

Kasi W. Robinson , Attorney at Law, Greensboro, For Governor Roy Cooper.

Kathleen F. Roblez , Attorney at Law, For NC NAACP.

R. Daniel Gibson , Attorney at Law, For John V. Orth.

John V. Orth, For John V. Orth.

Pressly M. Millen , Attorney at Law, Raleigh, For Former Chairs JSC.

Mary Ellen Murphy , Attorney at Law, For NC Professors of Professional Responsibility.

Colin A. Shive , Attorney at Law, Raleigh, For NC Professors of Constitutional Law.

Jeanette K. Doran , Attorney at Law, For NC Institute for Constitutional Law, et al.

Christopher J. Heaney , Attorney at Law, For Scholars of Judicial Ethics and Professional Responsibility.

Lindsey W. Dieselman , Attorney at Law, For Brennan Center for Justice at NYU School of Law.

John R. Wallace , Attorney at Law, Raleigh, For NC Legislative Black Caucus.

Lauren T. Noyes , Attorney at Law, For NC Legislative Black Caucus.

Caitlin Swain , Attorney at Law, For NC NAACP.

Aaron R. Marcu , Attorney at Law, Pro Hae Vice, For Legislative Black Caucus.

Shannon K. McGovern , Attorney at Law, Pro Hae Vice, For Legislative Black Caucus.

Michael Schietzelt , Attorney at Law, For Hon. Edmunds, Hon. Jackson, Hon. Martin.


ORDER

Pursuant to an administrative order entered by this Court on December 23, 2021, and having considered precedent established by this Court, the North Carolina Code of Judicial Conduct, and the arguments of the parties, plaintiffs motion to disqualify the undersigned is denied.

This Court has repeatedly held that "[a] suit against a public official in his official capacity is a suit against the State." White v. Trew, 366 N.C. 360, 363,

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