Because Carolinas judges are elected, they can be sensitive to public opinion. Like lawyers' disciplinary groups in both states, judges seldom reprimand lawyers who perform poorly. A lot of times you'll see a bad lawyer get appointed to case after case - and everybody knows he's bad. Judges routinely reduce the fees they authorize for court-appointed lawyers, prompting some lawyers to quit accepting cases. Their views vary on how much the state should spend for capital work, despite the states' recommended wages.
Judges also control how much, if any, money the defense gets for investigators and forensic experts.
Lawyers tell me all the time that they worry about doing something that will offend or upset the judge. If they do, they're afraid their fee will be lowered. Much could soon change in North Carolina. In July, state lawmakers approved a reform plan that takes capital lawyer appointments out of the hands of judges. The plan sets up a 13-member commission to manage legal defense for indigent defendants in all criminal cases.