(The Center Square) – Col. Freddy Johnson, commander of the North Carolina Highway Patrol, is set to get a five-year appointment beginning July 1 following a judicial panel decision in Wake County Superior Court.
Johnson is the 2021 appointee of former Gov. Roy Cooper. The litigation filed by Gov. Josh Stein challenged the forced appointment of Johnson via the General Assembly’s change in Senate Bill 382 last year to give him a five-year appointment as it elevated the Highway Patrol to Cabinet level and out of the Department of Public Safety.
Stein did not challenge the Cabinet level change. Cooper vetoed the bill, and both chambers completed the override in December. The governors are each Democrats; Republicans have majorities in both chambers.
Lawyers for the General Assembly leaders named in the litigation said the body has “inherent and express authority to create and modify our state’s agencies and departments.”
Stein, by law, cannot choose another candidate or remove Johnson from his post. He can, however, remove members of the Highway Patrol.
Presiding were Superior Court Judges Stuart Albright, Justin Davis and Matthew Houston.
Stein was the plaintiff in the case. Defendants were Rep. Destin Hall, R-Caldwell, in his role as speaker of the House of Representatives; Sen. Phil Berger, in his role as president pro tempore of the Senate; and Johnson.
