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HOKE COUNTY BOARD OF EDUCATION v. STATE

No. 425A21-3.

896 S.E.2d 620 (2024)

HOKE COUNTY BOARD OF EDUCATION; et al., Plaintiffs and Charlotte-Mecklenburg Board of Education, Plaintiff-Intervenor and Rafael Penn, et al., Plaintiff-Intervenors v. STATE of North Carolina and the State Board of Education, Defendants and Charlotte-Mecklenburg Board of Education, Realigned Defendant and Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate, and Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives, Intervenor-Defendants.

Supreme Court of North Carolina.

January 31, 2024.

Attorney(s) appearing for the Case

Robert Neal Hunter, Jr. , Attorney at Law, For Linda Combs, State Controller.

Michael L. Robinson , Attorney at Law, Winston-Salem.

Amar Majmundar , Senior Deputy Attorney General, For State of N.C.

Matthew Tulchin , Special Deputy Attorney General, For State of N.C.

Tiffany Y. Lucas , Deputy General Counsel, For State of N.C.

Thomas J. Ziko , Attorney at Law, For State Board of Education.

Neal A. Ramee , Attorney at Law, Raleigh, For Charlotte-Mecklenburg Board of Education.

David Noland , Attorney at Law, Raleigh, For Charlotte-Mecklenburg Board of Education.

H. Lawrence Armstrong , Attorney at Law, Enfield, For Hoke County Board of Education, et al.

Melanie Black Dubis , Attorney at Law, Raleigh, For Hoke County Board of Education, et al.

Scott B. Bayzle , Attorney at Law, For Hoke County Board of Education, et al.

Elizabeth M. Haddix , Attorney at Law, Pittsboro, For Rafael Penn, et al.

Matthew F. Tilley , Attorney at Law, Charlotte, For Philip E. Berger, et al.

Russ Ferguson , Attorney at Law, Charlotte, For Philip E. Berger, et al.

Christopher A. Brook , Attorney at Law, For Rafael Penn, et al.

Scott E. Bayzle , Attorney at Law, Raleigh, For Hoke County Board of Education, et al.

Catherine G. Clodfelter , Attorney at Law, Raleigh, For Hoke County Board of Education, et al.

Ryan Y. Park , Solicitor General, For State of N.C.

Michael A. Ingersoll , Attorney at Law, For Philip E. Berger, et al.

Sarah G. Boyce , Deputy Solicitor General, For State of N.C.

South A. Moore , Assistant General Counsel, For State of N.C.

Maya Brodziak , Attorney at Law, Pro Hac Vice, For Rafael Penn, et al.

David Hinojosa , Attorney at Law, Pro Hac Vice, For Rafael Penn, et al.

Chavis Jones , Attorney at Law, Pro Hac Vice, For Rafael Penn, et al.

Michael Robotti , Attorney at Law, Pro Hac Vice, For Rafael Penn, et al.

W. Clark Goodman , Attorney at Law, For Philip E. Berger, et al.

Lindsay V. Smith , Attorney at Law, Raleigh, For State of N.C.

Jane R. Wettach , Attorney at Law, For Prof, Derek Black, et al.

ORDER

Beyond question, an "unbiased, impartial decision-maker is essential to due process." Crump v. Bd. of Educ. of the Hickory Admin. Sch. Unit, 326 N.C. 603, 615, 392 S.E.2d 579 (1990) (citing Goldberg v. Kelly,

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