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FIRST ON 3 UPDATE: State Court of Appeals turns down David's traffic court appeal; DA taking it to State Supreme Court

READ MORE: FIRST ON 3 UPDATE: State Court of Appeals turns down David's traffic court appeal; DA taking it to State Supreme Court
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UPDATE: NEWS RELEASE FROM DISTRICT ATTORNEY JON DAVID:

Since the dispute surrounding Administrative Traffic Court and the StreetSafe program began, I have attempted to have these worthy programs reinstated. I tried to negotiate a resolution through the use of mediation and diplomacy.

When those approaches failed, I took legal action and sought relief in the North Carolina Court of Appeals.

Yesterday, the Court of Appeals denied my Petition without comment. The next step is to petition the North Carolina Supreme Court. As an officer of the Court, I put my trust in the law, and I am committed to following through with the legal process.

I feel a sense of duty and responsibility as the District Attorney for the 13th Prosecutorial District to fight for what I see as the best interests of my community. I took an oath to serve the people of this District, and I will continue to endeavor to have the criminal laws fairly and impartially administered according to the best of my knowledge and ability.

I strongly believe that both Administrative Traffic Court and the StreetSafe programs are beneficial not only to the criminal justice system, but to the public at large. Having confidence in our system and the rule of law, I am undeterred by yesterday’s ruling and I look forward to filing a Petition with the Supreme Court tomorrow morning.

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RALEIGH, NC (WWAY) - The North Carolina State Court of Appeals issued this decision yesterday regarding District Attorney Jon David's appeal of Judge Jerry Jolly's suspension of traffic court in Brunswick County:

The following order was entered:

The petitions filed in this cause by Jonathan David, District Attorney Thirteenth Prosecutorial District, on 19 May 2011 and designated 'Petition for Writ of Supersedeas and Application for Temporary Stay' and 'State's Petition for Writ of Certiorari or Mandamus or Prohibition' are decided as follows:

The petition for writ of certiorari, mandamus, and prohibition is denied.

The petition for writ of supersedeas is dismissed as moot.

By order of the Court this the 31st of May 2011.

The above order is therefore certified to the Clerk of the Superior Court, Brunswick County.

Judge Jolly also filed a motion to dismiss the appeal last week. That motion was also denied Tuesday by the court.

MOTION RESPONDENT'S MOTION TO DISMISS AND RESPONSE OF JERRY A. JOLLY, CHIEF DISTRICT COURT JUDGE,
THIRTEENTH JUDICIAL DISTRICT (Spec Order) - 05-31-2011
Filed: 05-26-2011 @ 14:56:56
FOR:
BY : Mr. Coy E. Brewer

The following order was entered:

The motion filed in this cause by the Honorable Jerry A. Jolly, Chief District Court Judge, Thirteenth Judicial District, on 26 May 2011 and designated 'Respondent's Motion to Dismiss and Response of Jerry A. Jolly, Chief District Court Judge, Thirteenth Judicial District' is decided as follows: The motion to dismiss is denied. By order of the Court this the 31st of May 2011.

Judge Jolly contends that David initiated traffic court as a scheme to help profit one of his 2010 campaign contributors.

In the administrative order, Jolly said David set up driving classes for those charged with speeding violations that would help reduce offenses. He also said that the four or eight hour classes would be exclusively conducted by StreetSafe. The classes would cost $120, $100 of which would be paid to Streetsafe.

According to the order, Darrell Douglas is the director of the Streetsafe corporation and also gave about $250 to David's election campaign last year.

Disclaimer: Comments posted on this, or any story are opinions of those people posting them, and not the views or opinions of WWAY NewsChannel 3, its management or employees. You can view our comment policy here.

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Maybe this is why I was

Maybe this is why I was never allowed the chance to explain my situation to the court. They were real quick to send me to that street safe program. It is a gimmick.

What the district needs is a

What the district needs is a hard nosed DA who is not afraid of politics, judges, criminals or party affiliations. The perfect candidate would be Elva Jess. I believe she would do a phenomenal job serving as the next DA for the district. Run Elva Run!!!!

Elva

Elva would be good but knowing her for years and years she is ready to retire and put a lot of this stuff behind her. She has done her time and did it well!!

WAAAAA,WAAAAA,WAAAAA....Stop

WAAAAA,WAAAAA,WAAAAA....Stop whining Jon David and do your job!!!!

Re-Do

How many re-dos does this guy get, and is he going to re imburse the citizens of the districts he represents if he looses.

Ok he looses at the supreme Court where to then, the Federal court, the US supreme court, the Justice league, to Doctor Xavier..

who in thier right mind is going to rule that giving a campaign contributor an upper hand over other similar programs as being valid and credible.

Even if the whole thing was credible the relationship betweebn parties is not acceptable, here is why...

ITS WRONG TO GIVE FAVORS TO CONTRIBUTORS>>>> GOOD OLE BOYS

these two just got caught smoking in the Bathroom

misinformation again

David was not attempting to give a contributor an upper hand over similar programs. At worst he was simply including him with similar programs. Streetsafe was to be another option. The problem is not Steetsafe or not Streetsafe, it is whether to have a dedicated traffic court or not. If the citizens and visitors of Brunswick county can handle their traffic cases as effectively as the defense attourneys then all the contributors to the Judges campaigns lose.

Which one is protecting more money in contributions?

Jon David who included a single $250 contributor in a list with other options or two judges who are protecting a large number contributors so that those contributors can continue to collect $ with nearly every ticket that is written in Brunswick county.

What are the total contributions to the campaign funds of the two judges from the attourneys who handle traffic cases in Brunswick County?

jon david - district attorney and nc court of appeals decision

I hope that district attorney jon david stays the course. he is going up against an entrenched corrupt judiciary which has been s.o.p. in our area for many years especially in columbus county. change is coming and these parasites do not like it and will do everything they can to prevent or stall same. jon david is an honest district attorney which is something we have not had in a very long time the in the district he now serves. this gentleman has not only my admiration and respect in what he is trying to do but also my support. sock it to them mr. david sock it to them.

Jon David

What????? These two brothers blow in from Florida and try to run southeastern North Carolina. Got along without them before they came, and can certainly get along without them now. Never in my lifetime have I seen DA's running the court system, that is NOT how it works.

Old Yap

You 13th District Democrats kill me! Can't bring up David without slamming him for not being born and bred rat 'chere in good ole Brunswick or Columbus or Bladen County. If he can do the job and do it fairly, I don't care WHERE he comes from. You say we got along without him translate into you being one of those who gets paid for justice the way it works now and you can certainly get along without the Davids means you want paybacks and payoffs to continue. Nobody is fooled.

Let me take you on a memory trip down what you claim you want restored. How about the man who committed suicide but had an extra bullet hole in his hand? How about the police officer murdered on Bald Head Island but her death was covered up by those in power? What about the twin who killed the man (in front of many witnesses) who had just killed the twin sitting in the truck with him? He went to jail for 10 years, even though he lost a finger in the fight to keep from getting killed himself. (Of course, being as how he was related to a certain former Senator near TC, that was ok.) And how about the two boys carrying skateboards walking down the road when they were hit from behind by a drunk driver. The driver leaves the scene (there wasn't anything he could do, he said). He wasn't found until hours later when he was sober. On the way to going to court, the NC Highway Patrol officer 'lost' his initial report. By the time it was rewritten, the driver was no longer drunk, the boys jumped out in front of his truck. Case closed. Of course, the drunk-not drunk driver was a member of a family who has been here longer than God. And lastly, the case where the father was killed by the ex-boyfriend of his daughter. There was not enough light in that whole town to really investigate the crime scene, so nothing ever came of that case either. While you are complaining about a traffic court option, you have the leader of the Democratic Party here repeatedly leasing the headquarters for unchapheroned teeage/twenty something parties. Yet no one says anything. Had that been Jon David, I have no idea how many seizures there would have been.

That's the kind of status quo you want back? I wouldn't admit it, if I were you. I hope the citizens of this district fight back, whether it is for Jon David or Mickey Mouse. Anything would be better than back in hands of officials who take part in the above kind of instances. Why don't YOU move to Florida and leave the Davids here? And please, take all them self-righteous, hypocritical Democratic 'leaders' with you? Have a good long stay, ya'll. Go see some alligators down there. Up close.

One and done!

I am no fan of Jolly or Lewis but at least they have the professionalism to NOT try this case in the press. Is Jon David still campaigning? If the answer is yes, then the question is why? I highly doubt that he has any chance of being re-elected. Since he has been in office he has has several "news releases" stating that he doesn't want this to be a public fight. Why does he insist on making the "dispute" public?

He in fact has been a far more DIVISIVE district attorney than Rex Gore. I definitely was not a fan of Rex. However, I can plainly see that Jon David has huge EGO and he needs to be checked, real soon.

If I am not mistaken, when

If I am not mistaken, when this order was first issued, Jon David refused to make a statement and tried to handle it privately. His private endeavors obviously did not work. It is a public matter involving public officials, so he should not keep it to himself. It seems to me the ones we should be worried about are the ones who refuse to explain themselves to the public.

You seem to forget that

You seem to forget that Jolly is the one who started this and gave it to the news in the first place. David is just responding to the claim. Jolly and Lewis are just too embarrassed and do not have the ability to make a statement defending their actions and reasons for filing this ridiculous claim. They not only got all the facts wrong about the driving programs at the community college, the StreetSafe non-profit, the amount of money donated to the campaign and even the name of the StreetSafe founder, but their claims are baseless and they know it. These are judges? And they can't even get simple basic facts right in a claim?
Again - Jolly started it - how does that make David divisive or attempting to try this in the press? Your comments are ridiculous

To One and Done

Jon David is NOT campaigning. I am so glad you can already tell that he cannot be reelected. Apparently you don't read the posts in FAVOR of David. In fact, if you think David is more divisive than Gore, you obviously are one of his gang or one of the lawyers.

Another stupid commentor asked why David didn't let this alone. How ignorant is that? Why should Jolly and Lewis comment? It's not either one of them whose character has been called into question. Even you would feel the need to defend your decision and your motives were you in David's situation - don't bother to say you wouldn't.

This is not about anything other than Democrats wanting back in power so all can go along as usual. We all know it, so don't tell me how wonderful Gore was. For some reason, he is out of office now. I know, he threw the election so someone else could take over. Yeah, and this is about Jon David's incompetence. You forgot to make a crack about him being from out of state. Do you all have an outline to use when you are attacking him?

Let me venture this: you have a daughter, for example, who was raped and killed. You and your family go into court with Jon David or any of the asst. da's HE brought in. You know the judge and the defense lawyer have sided against David in this mess. You really think your dead daughter is going to have a chance at justice in this district?

That is what is at stake here: the working of the law in this district. How can it be done fairly when the battle lines have been drawn? The party that is out is willing to do anything to get back in power. If Jolly and Lewis are so against David's traffic court plan, why haven't they released information on their plan? Oh yes, that would be business as usual with the judges and the lawyers making their deals. I forgot. It's alright to do that as long as they are the ones doing it. How dare anyone of you people involved in it call David dishonest! Shame on Ola for standing up and swearing Jon David (as his friend) into office. With friends like that ...

Ola is behind this

The dirt surrounding this case just keeps piling up. Ola Lewis must answer for this. How did she know about this before the court announced? The good ole boys have a girl in their club. She should run for President. She has all the connections.

Good Ole Boys

Sure, a African American Female Republican Superior Court Judge is part of the Good Ole Boy network....

Republican of Convenience, ONLY

If you do not know that Ola is a Republican only out of convenience, you are the only person in the area that does not! Ola is a RINO! Always has and always will be.

Ola Involvement

The Court made a decision based upon the information before it. Right or wrong, they didn't bash David or affirm Jolly, they simply didn't move forward and chose to stay out of what they see as a LOCAL situation.
The real question is about Ola Lewis' involvement. She started this process, she was behind it, she made it personal and once her involvement was exposed, then then went after a deputy in the Brunswick Sheriff's office trying to start an internal affairs investigation against him.
She is neck deep in this, launched lawsuits against individuals, went after someone in a parking infraction, dismissed a DUI case against the Oak Island fire chief.
And now people should be asking why it is that SHE informed NUMEROUS news sources as to what the Court of Appeals did before they knew about it.
Ola - It's time for you to answer some questions, you're afraid of what it will say about you.

How do you know who informed

How do you know who informed the media? Is Judge Lewis the one holding the press conferences relating to Judge Jolly's ruling of a perception of impropriety in the courts? I seem to remember seeing Jon David's arrogant face in that news clip.

Thanks!

Thanks Judge Jolly for standing up against corruption by D.A. David in the 13th Judical District. Thanks for not responding to Jon David's attempts to smear your name in the media and the public arena. Thanks for exposing Jon David for what he is, an incompetent lawyer, that is willing to disregard law for his own personal benefit.

Interesting

Guess the Court of Appeals is wrong too......or maybe,the judge is doing the right thing. Probably smart that the judge didn't comment. It will be interesting to see how this is spun against Judge Jolley.

One Phone Call

This just shows the the power of RC Soles and Rex Gore. One phone call made this happen.
The best thing that can happen is to vote Jolly out on the ballot. The LEA is hurt by this decision and the lawyers are benefitting. Tax payers are losing both ways.

Really....

You really think RC or Rex have any power???

Really?

RC

I don't know that Rex has any power, but one only has to look into the stories about BJ Wright and Allen Strickland to see how much power RC Soles still holds.

CAPTAIN, where I come from

CAPTAIN, where I come from RC is known as the Godfather.....Rex is MIA..