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.
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
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.