Using a novel theory, several North Carolina criminal defense lawyers are asking the court in that state to declare a moratorium on the death penalty. They argue that elected judges cannot fairly decide capital cases because they have a personal stake in them

Bruce Cunningham is the lead lawyer in the challenge. He argues that "trial and appellate judges running for election -- partisan or not -- have to win popular votes, so they're under political pressure to rule for the prosecution and to campaign as tough on murder."

In the motions, the lawyers detail specific instances of judges ..."all the way up to a former chief justice, asking for political support for the way they've ruled on murders and other crimes."

"A judiciary that mixes highly publicized murder cases, elective politics and campaign fund-raising is fundamentally unjust, the defense lawyers maintain. They argue that operating a court system anchored by judges with an eye on the ballot box deprives defendants of their federal constitutional rights to procedural fairness, effective legal counsel, and rational punishment."

"The solutions they propose are either to exempt their clients from the death penalty or to create a parallel court system for capital cases, one with judges who are appointed instead of elected -- a change that might require a state constitutional amendment."