Superior Court judge nearing EBCI Supreme Court confirmation
Brad Letts. File photo
Superior Court Judge Bradley B. Letts has confirmed he has the intention of vacating his seat on the bench to become the Chief Supreme Court Justice for the Eastern Band of Cherokee Indians.
The news initially broke via a Facebook post from the page of the Cherokee One Feather, the official newspaper for the tribe, announcing a Sept. 26 public hearing ahead of Letts’ anticipated confirmation. In a brief conversation with The Smoky Mountain News, Letts said that while he is still in conversations with the tribe, he did indeed apply for the job once he saw the opening.
The fact that the public hearing has been announced is a sign that Letts has likely already received a nomination from Principal Chief Michell Hicks and stands a good chance of securing the role.
Upon receiving his law degree from University of Mississippi law school, Letts took a job as an assistant district attorney in Waynesville from 1995-97. He served as EBCI’s attorney general from 1997-99, then was a district court judge until 2009, when he gained an appointment as a superior court judge. In 2010, he ran unopposed and retained the seat. In 2018, he successfully defended his seat against fellow Democrat Mark Melrose,
However, in February 2019, Letts announced he was going to retire from the bench. That announcement came amid widespread speculation that Letts, an enrolled member of the Eastern Band, was planning to run for principal chief. Two days after announcing his retirement,he reversed his decision.
“After recently announcing my retirement, and after much reflection and thought, my initial decision to retire has changed,” Letts wrote. “After the announcement I was overwhelmed with responses from supporters, court personnel and members of the legal community expressing to me that I should return to my position on the Superior Court bench. This outpouring of positive and encouraging communications asking me not to retire has been overwhelming.”
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Letts has remained on the bench as a superior court judge since then.
Because the Eastern Band doesn’t have a constitution, it was Cherokee code that established the tribe’s supreme court, which comprises the highest court in the tribal judiciary — one of the tribe’s three branches of government. It is headed by a chief justice, who sits on the bench along with two associate judges.
If Letts leaves the bench to become the Eastern Band’s Chief Supreme Court Justice, his replacement will likely be appointed by Gov. Roy Cooper. Any appointee will finish out Letts’ term, which expires in 2026. At that time, an election will be held to determine who will serve the next eight years on the bench.
Letts vacating his seat — on which he’s been the chief resident superior court judge for district 43B, which includes Haywood and Jackson counties — would be just another in a recent string of changes to the bench in Western North Carolina. Earlier this year, Letts’ counterpart in Western North Carolina, William Coward, vacated his seat as the Chief Resident Superior Court Judge for District 43A, made up of Cherokee, Graham, Clay, Macon and Swain counties. Gov. Cooper eventually appointed former District Court Judge Tessa Sellers to that seat.
There have also been changes on the district court bench in the last year. Last summer, Kristina Earwood abruptly left the bench due to the sudden onset of a serious health condition. Her seat was filled by Justin Greene, who was sworn in late last year. In addition, because Sellers vacated her District Court seat to gain the superior court appointment, her seat was filled last month by Kristy Parton. Finally, a Republican Primary Election held earlier this year determined that Macon County’s Virginia Hornsby will join the bench to fill a new judicial position created in last year’s state budget.
