RALEIGH, NC (WWAY) — The battle between Brunswick County District Attorney Jon David and District Court Judge Jerry Jolly finally had its day in the state Supreme Court. WWAY was the only Wilmington TV station in the courtroom in Raleigh as justices heard arguments from both sides today about a dispute over traffic court.
Each side had half an hour to state their case. Jolly and David were both there, but it was their attorneys who addressed the Supreme Court.
David’s attorney Isaac Avery said Jolly’s administrative order stopping a traffic court program overstepped the judge’s powers. Avery also told the justices that Jolly’s accusations of corruption against David are unfounded.
“He made the entire determination… on his own by talking with people on the telephone and surfing the web, and that is not the appropriate way to do this,” Avery said. “We don’t need a hearing on that. What we need is a determination of this court that you can’t do that.”
Jolly’s attorney Coy Brewer had his chance to address the court second. He asked that the court recognize that a district attorney cannot set up a traffic court without working with the chief district court judge.
“Any type of administrative traffic court, of necessity, should be one in which the judicial and the district attorney join in a cooperative effort and create the procedures and protocols,” Brewer said.
After Tuesday’s hearing both Jolly, David and their attorneys declined to comment until the high court makes a ruling.
No decision was made Tuesday. According to the clerk of the Supreme Court it can take up to a year for a ruling.
As of October 1, a version of traffic court has been enacted in Brunswick, Columbus and Bladen Counties as part of a mandate from the state legislature. The StreetSafe program, which is at the center of the Jolly-David saga is not currently an option for offenders.