Gov. Roy Cooper appoints new Democratic NC Supreme Court justice to fill recent vacancy

Court of Appeals Judge Allison Riggs will become the newest member of the North Carolina Supreme Court, filling the vacancy left by retiring Justice Michael Morgan.

Democratic Gov. Roy Cooper announced Monday he would appoint Riggs, a Democrat, to the court, calling her a “foremost civil rights lawyer.”

“Disputes ranging from women’s health, to voting rights to protection of our air, water and lands to constitutional questions are making their way through courts across the country,” Cooper said at a press conference. “The need for fair-minded, even-handed, honest, experienced judges is more important than ever, as our society and our courts wrestle with these critical issues.”

Riggs’ appointment will not change the partisan makeup of the court, which is composed of five Republicans and two Democrats.

Cooper noted that Riggs would be the youngest woman to ever serve on the state Supreme Court.

“I’m going to fight to protect the institution to which I was appointed,” Riggs said at the press conference. “An independent judiciary is a critical element of the promise that this country was built upon. There is ample work to be done to make sure that our legal system delivers on equal justice for all, but the institution itself is one I deeply respect.”

Monday’s news adds to a quick ascension for Riggs, whom Cooper appointed to the Court of Appeals at the beginning of this year to fill the vacancy left by Richard Dietz, who was elected to the state Supreme Court.

Before joining the court, Riggs worked for the Southern Coalition for Social Justice, where she served as chief counsel for voting rights.

She has argued twice before the U.S. Supreme Court, both times in redistricting cases.

House Democratic Leader Robert Reives congratulated Riggs on her appointment in a statement sent out on Monday.

“I am proud and excited to see Judge Allison Riggs elevated to the North Carolina Supreme Court,” he said. “Allison has dedicated her life to serving the people of North Carolina both in the private sector and more recently on the Court of Appeals. She will be a fair and needed voice on the North Carolina Supreme Court and I congratulate her on this appointment.”

Riggs joins the court at a time when the only other Democrat, Justice Anita Earls, is suing the Judicial Standards Commission, which investigates complaints against judges. Earls’ lawsuit, filed in federal court, alleges that the commission’s investigation into her critical comments about the lack of diversity in the court system violates her First Amendment rights.

Asked by the News & Observer about the lawsuit, Cooper said “I think that it’s important that our courts are diverse, and serve without bias, and I think that judicial rules should apply fairly to all judges — and I think that may be the core of the dispute.”

Morgan’s decision to step down before the end of his term allowed Cooper to appoint a new justice who can run for reelection next year as an incumbent. If she decides to run for reelection, Riggs already has one Democratic competitor for her seat. Superior Court Judge Lora Cubbage announced Sunday that she plans to run for the Supreme Court in 2024.

Morgan has floated a potential run for governor, which would make him only the second Democrat in the race, but has not yet confirmed his plans.

“I don’t want to allow my focus to be so distracted by anything personally about what my plans may be that I take my focus away from making sure I leave the court in the best situation,” he said last month. “So I’m not fully prepared to talk about what I shall be doing, but soon after I leave the court I can more directly focus on myself.”

Cooper said Monday that Carolyn Thompson, an attorney who served previously as a district court judge and Superior Court judge, will fill Riggs’ seat on the Court of Appeals.