N.C. Supreme Court Justice Phil Berger Looks To Establish Committee To Reform Pre-Trial Release Programs
This week, Associate Justice Phil Berger sent a letter to Chief Justice Paul Newby to form a committee to review pretrial release and bail policies across North Carolina. The goal of the committee is to ensure statutory compliance, protect public safety, and strengthen confidence in the judicial branch.
Here are the key quotes from the letter:
“As you know, the Statewide Court Appearance Project committee issued its final report in May 2025. Its review and recommendations are thoughtful contributions to improving efficiencies in the justice process. Those efforts, however, leave unaddressed more fundamental questions: are the bail and pretrial release policies in place in various jurisdictions across North Carolina compliant with relevant statutes, and do these policies adequately protect the public?”
“For these reasons, I respectfully urge the establishment of a committee, or charge an existing committee, to conduct a statewide review of bail policies and practices employed in each of the jurisdictions across North Carolina with the following objectives:”
“Ensure statutory compliance with section 15A-534 and related provisions.
“Evaluate public safety impacts of the current bail practices, including the application of the ‘least restrictive’ presumption.”
“Determine the appropriateness of requiring written findings not only when trial courts impose secured bonds, but also when granting unsecured bonds or other minimal conditions in cases that pose a significant risk to public safety.”
“Develop best practices that reinforce judicial discretion while honoring the rule of law and the duty of protect victims and communities.”
“Make recommended statutory changes for legislative consideration.”
“I believe this review is both necessary and urgent and would be willing to serve as part of this group provided there is a genuine commitment to seek reform where necessary.”
This committee would thoroughly evaluate the type of catch and release policies that allowed Decarlos Brown Jr. out of jail awaiting trial with only a “written promise to appear.”
Justice Berger’s leadership stands stark contrast to Associate Justice Anita Early who is up for re-election in 2026.
Unlike her Republican colleagues, Earls has a consistent, long record of prioritizing criminals over victims.
After working for the Clinton DOJ, Earls founded the Southern Coalition for Social Justice, an organization that advocates for far left policies like removing SRO officers from schools, ending the death penalty, and redacting criminal records.
Earls advocated for a Latin Kings gang leader, who the Obama Justice Department later indicted and secured a conviction against.
Earls was a co-chair of Gov. Cooper’s Task Force for Racial Equity in Criminal Justice (TREC) that worked to “reimagine public safety” including policies to reduce the number of people sitting in prison awaiting trial, despite their criminal history and mental health status.
Earls will likely face Rep. Sarah Stevenson, who is a veteran Republican lawmaker, who has a long record of supporting tough on crime legislation in the North Carolina House. After the race for U.S. Senate, the Supreme Court election is the second most hotly contested statewide contest.
