Via WRAL
For the second time in two months, a local resident has filed court papers seeking the removal of Durham County District Attorney Mike Nifong from office.
But a judge overseeing the case said he would again deny the motion.
Elizabeth Brewer filed a civil complaint against Nifong in February, alleging willful misconduct and conduct prejudicial to the administration of justice that brings the office into disrepute. The charges stemmed from his handling of the investigation of sexual assault allegations against members of the Duke University lacrosse team.
Superior Court Judge Orlando Hudson delayed any action on the complaint until an ethics case filed by the North Carolina State Bar against Nifong for his handling of the Duke lacrosse case is completed.
Hudson told WRAL on Monday he would deny Brewer's motion again, because ruling on it would deny Nifong's right to due process before the State Bar.
Now, I'm no lawyer, but, as the lawsuit states, the purpose is different then what the State Bar is doing. If Nifong loses his case at the NC State Bar, he will lose his license to practice law, and there could even be criminal complaints afterwards. The lawsuit is asking for him to be removed, and, is exactly what the 1st Amendment is for. Free speech and "to petition the Government for a redress of grievances." Denying the petition yet again denies the complainent their 1st Amendment Rights.
At the least, Nifong should temporarily stemp down till his case at the State Bar is concluded. Can he actually perform his job duties while fighting for his professional life, and possibly attempting to avoid jail?
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