Tuesday, October 1, 2013

Durham DA Removal Upheld

The North Carolina Court of Appeals has affirmed a trial court order that removed Durham County District Attorney Tracey Cline from office.

The trial court found that Ms. Cline's allegations of judicial corruption were "not only false; it is inexcusable and clearly, cogently and convincingly demonstrates the personal animosity toward Judge Hudson and her actual malice in making the statements."

The trial court concluded that the DA's statements concerning the judge were not protected by the First Amendment and were grounds for removal from office.

The court here held that the contention that the removal from office statute was facially unconstitutional had not been preserved for review.

Disciplinary proceedings against the former DA have been stayed pending this related litigation. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/10/the-north-carolina-court-of-appeals-has-affirmed-a-trial-court-order-that-removed-durham-county-district-attorney-tracey-clin.html

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