Making A Point

The North Carolina Supreme Court has publicly reprimanded a judge who held a probable cause hearing in the absence of counsel, who was late for a scheduled 2 pm hearing.

The judge held the hearing at the end of his calendar at about 2:50

Unlike the trial court in Simpkins, respondent rushed to hold a hearing without counsel present, he failed to explore other options regarding counsel prior to commencing the proceeding, and he made comments about “making a point” after the proceeding. This conduct demonstrated a disregard for the defendant’s statutory and constitutional rights, and that disregard undermines public faith and confidence in the judiciary.

The court adopted the recommendation of the Judicial Standards Commission.

Justice Earls dissented 

Because it is not clear to me that respondent’s conduct, while misguided, was so egregious as to be prejudicial to the administration of justice, I would have remanded to the Judicial Standards Commission for the issuance of a private letter of caution rather than issue a public reprimand from this Court

Justices Newby and Davis joined the dissent. (Mike Frisch)