Our Collective Voice - Note from a Retired DA
Recently, we received the following email from a retired elected North Carolina District Attorney.
I am a retired NC elected District Attorney. As such, I am irritated by the way Mr. Nifong has sullied ALL DA's reputations as well as his own. Thus, this email.The bar complaint may take months to resolve. It is the nature of those beasts. However, a removal petition (NCGS 7A-66) is pretty swift. Moreover, it is the nuclear weapon of administrative remedies. The standards are amorphous while the quantum of proof is only that the judge find the allegation(s) true. The DNA fiasco is probably enough (my view) to warrant a hearing. However, such matters as yesterdays contradictions between Nifong and the Sheriff's captain add some fuel to the fire.I do not write this lightly. NCGS 7A-66 is powerful. I remember we got a lecture regarding them at one of our conferences. Amazingly, many did not know the statute existed, yet afterward all recognized the consequences. Judges do not act on them cavalierly since no one wants to behead someone without due care. However, I do not think that removal forfeits a pension. Many think it does, but in NC the statute does not seem to call for that as far as I can tell. Thus, wives and kids continue to eat.The petition itself might even resolve the situation as Nifong may finally see the light and realize he is done (or his wife will.) Right now he seems to be getting no good advice as to anything. Nifong's own recent statements do not serve him at all. He is lashing out and baiting the press. Dumb.
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