GOP Associate Justice Phil Berger Jr. will not seek reelection to NC’s highest court

North Carolina Supreme Court Associate Justice Phil Berger, Jr. announced Thursday that he will not seek reelection to his seat on the court in 2028. Berger Jr., the son of Senate President Pro Tem Phil Berger, will serve out the remainder of his term.

“As for what comes next, I am giving serious thought to other ways I might serve the people of the state. I am not prepared to say more at this time,” he wrote. Berger Jr. has served on the state’s highest court since 2021.

He also served on North Carolina’s Court of Appeals from 2017-2020 and was previously a district attorney.

Berger Jr. said some of the most rewarding work he has done away from the bench has included teaching administrative law, and evidence and appellate advocacy as an adjunct law professor.

“I intend to continue educating the next generation of lawyers,” Berger Jr. said.

Berger Jr. has frequently been the subject of criticism for his failure to recuse himself from cases before the high court that involved his father.

His father lost his bid to retain his Senate seat in the Republican primary in March to Rockingham County Sheriff Sam Page.  The elder Berger has led the Republican majority in the state Senate since 2011.

Thursday’s announcement came as a surprise. Much of the attention heading into the November midterms has been on the judicial race between incumbent Justice Anita Earls — one of two Democrats on the state’s highest court — and former state Rep. Sarah Stevens, a Republican from Surry County. Stevens resigned her legislative seat in mid-June to devote her full energy to the  campaign.

A March 2026 Catawba College-YouGov poll found in the Earls-Stevens race that 43% of likely voters surveyed said they would vote for the Democratic candidate in the state Supreme Court race this fall, while 36% indicated support for the Republican candidate.

This is a developing story and will be updated.