Administrative Law Judge Byrne: Winning As an Attorney and as a Judge

Nov 26, 2025

By John Midgette

NCPBA Executive Director

When North Carolina Administrative Law Judge Michael Byrne served as a PBA lawyer for many years, Byrne vigorously represented members and protected their rights. Byrne also contributed to PBA victories on appeal by writing ”friend of the court” briefs for PBA in multiple North Carolina Court of Appeals and Supreme Court cases.

In 2020, Byrne accepted an appointment as an Administrative Law Judge in the North Carolina Office of Administrative Hearings (OAH), where he had appeared in many cases as an attorney. While PBA missed Byrne’s work in the courtroom, PBA was reassured to have someone on the bench who both knew the law and understood – and applied – fairness and due process for North Carolina law enforcement officers. as the one he accomplished as a PBA lawyer.

As an Administrative Law Judge, Byrne has heard many law enforcement certification cases and state personnel cases.  Judge Byrne has earned an impeccable record as a judge.  In his courtroom, law enforcement officers receive fair trials.

On October 15, the North Carolina Court of Appeals affirmed Judge Byrne’s decision in O’Sullivan v. Hyde County Health Department. In Hyde, Judge Byrne had ruled that a termination letter issued to a Department of Social Services employee was legally insufficient, as her employer failed to include all statutory appeal rights in the letter and simply attached its grievance policy to the termination letter. The employer appealed, claiming Judge Byrne erred in claiming its notice was invalid.

The Court of Appeals, in a published reaffirmation of the right to due process for North Carolina public employees, held that ”Obscuring this [appeal rights] information in an attached policy document, as happened here, fails to implement the legislature’s intent” that employees receive proper notice of their appeal rights in disciplinary action cases:  Judge Byrne’s ruling was correct.

Remarkably, Hyde marked the ninth straight time Judge Byrne was unanimously affirmed by the Court of Appeals since taking the bench just over five years ago. These cases included protection of due process and fairness for law enforcement officers.

Judge Byrne has been active on the OAH bench, issuing more than 380 decisions since 2020 –including many involving law enforcement rights. One example: OAH hears law enforcement certification cases. Of the 70 decisions in those issued by OAH since 2020, Byrne wrote 35 – more than half, as one of nine Administrative Law Judges employed by that office.

Judge Byrne has now taken on a new challenge: running for election in 2026 as a judge on the North Carolina Court of Appeals. PBA, and other friends of law enforcement, will be watching both the primary election (March 3, 2026) and the November general election with great interest.

However, one thing is sure: whether he stays on the OAH bench or goes to the Court of Appeals, PBA Judge Byrne will keep providing fairness and due process for North Carolina’s law enforcement community.