NC judge: No explanation for replacement in ‘Leandro’ case
Breaking Legal News - POSTED: 2022/03/24 16:24
Breaking Legal News - POSTED: 2022/03/24 16:24
A retired judge who has managed longstanding litigation on K-12 education spending in North Carolina for years said he’s received no direct explanation why he’s not handling the next portion of the case.
Superior Court Judge David Lee has been overseeing the lawsuit called “Leandro” since late 2016. But this week state Supreme Court Chief Justice Paul Newby instead assigned special Superior Court Judge Mike Robinson to evaluate school spending in a new state budget law in light of Lee’s November order directing $1.75 billion be moved from state coffers to government agencies.
Lee had ruled that the money had to fund a remedial spending plan through mid-2023 to help provide a constitutionally mandated “opportunity for a sound basic education” for at-risk children and those in poor regions. Republican legislative leaders said he had overstepped his powers by appropriating funds, which is a duty of the General Assembly. A state Court of Appeals later blocked the revenue transfer.
On Monday, the same day the state Supreme Court agreed to fast-track appeals of the case, Newby issued an order telling Robinson to conduct the budget review and alter Lee’s order, if necessary, within 30 days. Robinson scheduled a video status conference with parties in the lawsuit Thursday afternoon.
Graham Wilson, a spokesperson for the Administrative Office of the Courts, said Wednesday that Lee had reached the mandatory retirement age for judges, which is 72. Judges who reach that age, however, can continue to preside over cases, with a chief justice’s approval. Wilson said he had no additional information when asked whether Lee’s age was Newby’s specific reason for the change.
Lee, from Union County, was named by then-Gov. Pat McCrory as an emergency Superior Court judge after he stepped down from his elected bench post in 2016. The day after his 72nd birthday in late January, Lee said he received a call from the court system stating that he was now a “recall” judge whose work would be at Newby’s discretion.
Although Lee has received a commission to preside over at least one pending case, he felt that his future with the Leandro matter was uncertain until he saw Robinson’s assignment.