Endorsements: Our choices in NC Court of Appeals 2026 primaries

Judicial races can be a tricky endeavor for voters. In North Carolina, those races are partisan, and as this board has long feared, politics too often becomes the focus in judicial elections and subsequent rulings from those elected judges.

We hope voters consider other factors in judicial races, such as relevant experience, but we also believe any elected body should have a diversity and balance of thought.

In 2026, three seats on the North Carolina Court of Appeals will be up for grabs in 2026. Two of those seats have contested primaries. Currently, Republicans occupy 12 of the 15 seats on the court.

In the Republican primary for Seat 1, Administrative Law Judge Michael Byrne and Superior Court Judge Matt Smith are running for the opportunity to face unopposed Democratic incumbent John Arrowood. Byrne and Smith each bring experience as an attorney and on the bench, albeit different.

Byrne is a longtime attorney who specialized in cases involving N.C. law enforcement and other state employees before becoming an administrative law judge in 2020. He has issued more than 300 decisions since, including nine that have gone before the Court of Appeals and been upheld. That perfect record speaks to his reputation for thoroughness and fairness behind the bench.

Smith was a trial attorney before being elected in 2020 as a district court judge and two years later as a superior court judge, handling cases in 15 different North Carolina counties. Smith has made an issue of Byrne donating to the campaigns of Democratic judges — and Democrat Roy Cooper — over the past dozen years. Byrne, however, is a lifelong Republican who also has donated to Republican judges, and the diversity of his donations is a signal that his worldview isn’t necessarily driven by partisan considerations. We think that’s a good thing for a judge.

Voters in this primary can be confident in either choice. Smith and Byrne have demonstrated they are solid conservative judges, but we recommend Byrne.

In the Democratic primary for Seat 3, Raleigh attorney James Whalen faces Wake County Superior Court Judge Christine Walczyk in a race to replace Democrat Allegra Collins, who decided not to run for reelection.

Whalen is best known for working to successfully defend N.C. Supreme Court Justice Allison Riggs in her contested election case against Jefferson Griffin, and he has framed his candidacy as critical in the battle against “extreme Republicans” who threaten the rights of North Carolinians. Whalen, who also fought gerrymandering as an appellate attorney in the N.C. Department of Justice, believes his party needs candidates who meet this important moment.

Walczyk emphasizes her experience, which is deep and broad. She’s served 18 years as a district court judge, hearing the kinds of cases that appear before appellate courts. She’s served as lead judge in family court and civil court, roles that she was nominated for by Democrat and Republican chief district court judges. She also has been an active advocate for women in the judiciary and legal community, and she notes that with the incumbent Collins leaving the bench, there is a danger that no Democratic women would be on the Court of Appeals.

Whalen and Walczyk are excellent candidates. Whalen is correct when he says that Republicans have recognized and capitalized on the potency of partisan elections, and it’s true that his candidacy could be a “roadmap” for 2028 Democratic judicial candidates, as he told the Editorial Board. But while Whalen may be the better candidate in this partisan moment, Walczyk brings more of the relevant experience that would meet the daily demands of the appellate court. We give Walczyk a very slight nod in this primary.

This story was originally published February 19, 2026 at 5:00 AM with the headline "Endorsements: Our choices in NC Court of Appeals 2026 primaries."