Michael C. Byrne

As a North Carolina Administrative Law Judge I am subject to the Model Code of Judicial Ethics for Administrative Law Judges per N.C.G.S. 7A-754. As such, I "must interpret and apply the law without regard to whether the ALJ approves or disapproves of the law in question." (Rule 2.2, Comment). Further, a comment on the alleged correctness or incorrectness of a ruling would require my disqualification if the issue arose before me (Rule 2.11(A)(4) and would also violate Rule 2.10(A) and (B). Therefore, I must respectfully decline to comment on this issue.

As a North Carolina Administrative Law Judge I am subject to the Model Code of Judicial Ethics for Administrative Law Judges per N.C.G.S. 7A-754. As such, I "must interpret and apply the law without regard to whether the ALJ approves or disapproves of the law in question." (Rule 2.2, Comment). Further, a comment on the alleged correctness or incorrectness of a ruling would require my disqualification if the issue arose before me (Rule 2.11(A)(4) and would also violate Rule 2.10(A) and (B). Therefore, I must respectfully decline to comment on this issue.

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As a North Carolina Administrative Law Judge I am subject to the Model Code of Judicial Ethics for Administrative Law Judges per N.C.G.S. 7A-754. As such, I "must interpret and apply the law without regard to whether the ALJ approves or disapproves of the law in question." (Rule 2.2, Comment). Further, a comment on the alleged correctness or incorrectness of a ruling would require my disqualification if the issue arose before me (Rule 2.11(A)(4). Thus, I cannot comment.

As a North Carolina Administrative Law Judge I am subject to the Model Code of Judicial Ethics for Administrative Law Judges per N.C.G.S. 7A-754. As such, I "must interpret and apply the law without regard to whether the ALJ approves or disapproves of the law in question." (Rule 2.2, Comment). Further, a comment on the alleged correctness or incorrectness of a ruling would require my disqualification if the issue arose before me (Rule 2.11(A)(4) and would also violate Rule 2.10(A) and (B). Therefore, I must respectfully decline to comment on this issue.

As a North Carolina Administrative Law Judge I am subject to the Model Code of Judicial Ethics for Administrative Law Judges per N.C.G.S. 7A-754. As such, I "must interpret and apply the law without regard to whether the ALJ approves or disapproves of the law in question." (Rule 2.2, Comment). Further, a comment on the alleged correctness or incorrectness of a ruling would require my disqualification if the issue arose before me (Rule 2.11(A)(4). Thus, I cannot comment.

For the reasons stated above I cannot comment on Federal Constitutional issues. However, as an Administrative Law Judge and as a judge on the Court of Appeals of North Carolina I am (and would be) sworn to uphold the Constitution and laws of this state, including Article 1, Section 13: "All persons have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences, and no human authority shall, in any case whatever, control or interfere with the rights of conscience."

For the reasons stated above I cannot comment on Federal Constitutional issues. However, as an Administrative Law Judge and as a judge on the Court of Appeals of North Carolina I am (and would be) sworn to uphold the Constitution and laws of this state, including Article 1, Section 13: "All persons have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences, and no human authority shall, in any case whatever, control or interfere with the rights of conscience."

For reasons previously stated, it is not my province to comment on laws enacted by our General Assembly, including without limitation N.C.G.S. 15A-1221 and N.C.G.S. 15A-1340.16. It is my duty to follow them, consistently and correctly. "A judge must interpret and apply the law without regard to whether the ALJ approves or disapproves of the law in question." Model Code, Rule 2.2 (Comment)

While I cannot comment on any pending case or controversy or make predictive comments about future rulings, a judge's function in any case is to follow the law as enacted by the General Assembly, at all times.

My understanding is that it states as written, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

In North Carolina, which is my concern as a State Administrative Law Judge and would also be so as a judge on the Court of Appeals, the answer is unquestionably: the General Assembly.

First, while as stated I cannot comment on the merits or demerits of any specific case or controversy or predict future rulings, my general philosophy is to follow the Constitution and laws of North Carolina as written, no matter who or what is involved. Second, I have an equally strong commitment to legal consistency and correctness, as demonstrated by my being unanimously affirmed by the Court of Appeals nine straight times on appeal; they have never reversed one of my decisions.

While I cannot comment on the merits or demerits of any specific case or controversy, or predict any ruling, my duty is to follow the Constitution and laws of North Carolina (as enacted by the General Assembly), no matter who or what is involved. The Constitution includes Article 1, Section 35: "A frequent recurrence to fundamental principles is absolutely necessary to secure the blessings of liberty." This is a direct instruction to consider the intent of our founders.

Justice Antonin Scalia. However, I would be remiss in not mentioning North Carolina Supreme (then Superior) court judges Ashe, Spencer, and Williams, who in Bayard v. Singleton, 1 N.C. (Mart.) 5, 3 N.C. 42, 1 Martin 48 emphasized the Constitution as "standing in full force as the fundamental law of the land" - and did so six years before the U.S. Supreme Court's 1803 decision in Marbury v. Madison.

As stated, I am subject to the Model Code of Judicial Conduct for State Administrative Law Judges and therefore cannot make public comment about the perceived correctness or incorrectness of a federal court ruling as discussed here.

As stated, I cannot comment on any pending case or controversy nor may I make predictive comments about how I might decide any future matter before me. I can say that I am sworn to follow the Constitution and laws of the State of North Carolina and the Supreme Court of our state has published precedent on statutory interpretation. In O'Sullivan v. Hyde County Health Dept., 2024 OAH LEXIS 477, I wrote (quoting): "It the duty of this Court to give effect to the plain meaning of the statute, and judicial construction of legislative intent is not required." The Court of Appeals unanimously affirmed my decision in O'Sullivan in a published opinion filed October 15, 2025.

As stated, I cannot comment on any pending case or controversy nor may I make predictive comments about how I might decide any future matter before me. I can say that I am sworn to follow the Constitution and laws of North Carolina. In James Hawhee v. Wake County, 2023 NC OAH LEXIS 294, I wrote: "Our Supreme Court recognized that '[i]t is our province to declare the law, but not to make it.' That is equally true, indeed more so, with the Office of Administrative Hearings" (citations omitted). The Court of Appeals unanimously affirmed my decision in Hawhee in a published opinion dated November 5, 2024.

"An independent administrative law judiciary requires that judges decide cases according to the law and the facts, without regard to whether particular laws or litigants are popular or unpopular." Model Code, Rule 2.4 (Comment) "An ALJ shall accord to every person who has a legal interest in a proceeding, or that person's lawyer or lay representative, the right to be heard according to law." Model Code, Rule 2.6

No. Model Code 2.4(A).

In my current office and the one I am running for I cannot disregard precedent of the Court of Appeals or Supreme Court. In Jailall v. DPI, 196 N.C. App. 90, 675 S.E.2d 79 (2009), the Court held: "While we recognize that a panel of the Court of Appeals may disagree with, or even find error in, an opinion by a prior panel ... the panel is bound by that decision until it is overturned by a higher court." Jailall was one of more than 20 appellate cases I litigated as an attorney.

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I would very much like to answer this question but cannot state with certainty the number of Republican primaries I voted in during those dates. I have never voted in a Democratic primary as I have been a registered NC Republican voter since age 18. I believe I voted in every general election barring 2022, when we were out of the country.

I am a strong constitutional conservative; the Preamble of our State Constitution acknowledges that the people of this state are "grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political, and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity."

For the reasons stated above I cannot comment on Federal Constitutional issues. However, as an Administrative Law Judge and as a judge on the Court of Appeals of North Carolina I am (and would be) sworn to uphold the Constitution and laws of this state, including Article 1, Section 13: "All persons have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences, and no human authority shall, in any case whatever, control or interfere with the rights of conscience."

For the reasons stated above I cannot comment on Federal Constitutional issues. I am as an Administrative Law Judge sworn to uphold the Constitution of the State of North Carolina, as written.