Senator Warren Daniel: Justice Anita Earls must recuse herself
Raleigh, N.C. – Supreme Court Justice Anita Earls must recuse herself from hearing a case brought before her by her campaign's largest backer, Eric Holder's National Democratic Redistricting Committee (NDRC). A motion was filed seeking her recusal today.
In 2018 Justice Earls won her race for N.C. Supreme Court with less than 50 percent of the vote.
Two months before the 2018 election, Eric Holder's NDRC funneled $250,000 to push Earls to victory. It was one of the NDRC's largest contributions of the 2018 election cycle anywhere in the country.
Now, Justice Earls is hearing a case funded by that very organization -- her campaign's largest backer.
The NDRC is organized as a "section 527" political group.
Before she became a judge, Justice Earls herself wrote of conflicts posed by section 527 political contributions: "Because the candidates who are benefited by the spending of the 527 groups are fully aware of who these large donors are, unlimited contributions to 527 groups can be used as a means of buying access and influence to candidates and officeholders."
"...donors will use those contributions to buy access to and influence with those candidates aided by the committee." -- Anita Earls, 2005
Justice Earls continued, "Those who make contributions to a political committee, whose chief aim is to nominate or elect candidates, often do so in an attempt to purchase influence. Candidates know where large contributions come from, particularly those that benefit them or harm their opponent…"
By her own written standards, then, Justice Earls faces an insurmountable conflict in hearing a case funded by her campaign's largest backer.
Read on for the details of the funding arrangement between Justice Earls and Eric Holder's group.
On September 20, 2018, the NDRC donated the maximum allowable amount to Justice Earls's campaign.
On that same day, the NDRC donated $250,000 to the N.C. Democratic Party's "judicial coordinated fund." Justice Earls was the only Democratic candidate running for Supreme Court in 2018.
In the three weeks following the NDRC's "judicial coordinated fund" contribution, the N.C. Democratic Party sent $199,000 to Justice Earls's campaign.
Before the NDRC's contribution, the N.C. Democratic Party had sent just $900 to Justice Earls's campaign.
In October 2018, Mr. Holder personally attended a fundraiser for Justice Earls.
The website for Mr. Holder's organization confirms that his group is funding the litigation before Justice Earls.
Bottom line: Justice Earls should not rule on a case funded by her largest campaign contributor, a type of organization she herself has previously written "can be used as a means of buying access" and that "attempt[s] to purchase influence."
