In the ongoing tangle of political power in North Carolina, Treasurer Brad Briner has stepped into the fray with a motion to intervene in a lawsuit concerning the distribution of appointment power to the N.C. Utilities Commission. At the heart of the legal dispute is a new law, passed last December, that effectively redistributes the power to appoint members to the Commission among several state leaders, including Briner and Governor Josh Stein.
A significant change introduced by the law is that it grants the Treasurer the authority to nominate one member to the commission—a move that reduces the governor's appointment power, which remains at two nominations. Additionally, the State House and State Senate each hold one appointment. Governor Stein, however, is pushing back and seeking to reclaim the appointment authority transferred to the Treasurer. According to an announcement from the N.C. Treasurer's Office, Briner filed his motion on Wednesday in anticipation of a political battle over checks and balances within the state's executive branch. The case timeline is still being determined, with a three-judge panel convening today to set the schedule.
The underlying current of this legal skirmish is the question of gubernatorial authority over other elected officials within the executive's council. Briner's intervention asserts a defense of the independence bestowed upon his office by the electorate. "The people of North Carolina elected me to serve as Treasurer and to execute the duties associated with that office," Briner stated. "Of course, I respect the Governor’s own role and responsibilities, but he is wrong to claim authority over the other elected Council of State members, and we will fight to ensure that we can carry out the work North Carolinians elected me to do and need us to do."
The outcome of the case could affect not only the composition of the state's Utilities Commission but also the balance of power between the governor’s office and other elected officials within North Carolina’s executive branch. The proceedings will address broader questions about the allocation of authority among state leaders, focusing on constitutional interpretation and the limits of gubernatorial power. A three-judge panel is set to review the arguments in the coming proceedings.
