Friday, April 06, 2007
Bill To Allow Unqualified Judges and DAs To Remain In Office Passes NC Senate
~~ CLIP
In February, North Carolina State Senate Majority Leader Tony Rand (D-Bladen/Cumberland) introduced Senate Bill 117 - Removal of Unqualified Judges and DAs. This bill was a response to the difficulties created by the refusal of former Judge James Ethridge to resign after being disbarred for fraudulently taking an ailing, elderly client's life savings and home. Ethridge, who was represented before the NC State Bar by Defendant Nifong attorney David Freedman after the News & Observer's Mandy Locke exposure of his misconduct led to an investigation, delayed his resignation until January despite losing his law license in October.
~~CLIP
The revised bill continues to provide for the immediate suspension of salary for a disbarred judge or district attorney. However, allowing an unqualified judge or district attorney to remain in office until all appeals are exhausted, some of which may be filed up to one year following disbarment and others which have no clear time limitation other than reasonable, renders the bill useless as to its initial intent. Effectively, the revised bill will now do little, if anything, to provide for timely removal and replacement of officials who cannot lawfully function in their elected roles.
Not surprisingly, State Senator Bob Atwater (D-Chatham, Durham, Lee), conveniently identified by the N&O as only representing Chatham County and not Durham, was pleased with the alteration that would conceivably allow a disbarred Mike Nifong to remain district attorney for his full term.
Sen. Bob Atwater, a Chatham County Democrat, said one reason he liked the bill approved Wednesday was that it allows the lawyer to appeal his or her suspension or disbarment. N&O
If as expected, Defendant Nifong is disbarred in June, and if the bill becomes law as it reads now, and if he delays the start of his appeal process for as long as the law allows, the time until his appeals have finally been exhausted could extend far beyond what remains of his four year term. Should that come to pass, and if Judge Orlando Hudson invents additional creative ways to delay acting on the statutory mandates of NCGS 7A-66,Durham County could be left without a functional district attorney from June of 2006 until January of 2010.