BRUNSWICK COUNTY, NC (WWAY) -- Below is a transcript of District Attorney Jon David's request submitted last week to the state court of appeals and a affidavit from Brunswick County Sheriff Chief Deputy Charles W. Miller.
CONNECTING THE DOTS: Jon David is a Republican. Judge Ola Lewis is also a Republican. Judge Jerry Jolly is a Democrat. Lewis was the judge that barred us from a recent Brunswick County Bar Association Meeting at the courthouse and placed a deputy at the door to keep us out. After that, the bar members released a statement of support in favor of Jolly.
On 15 April 2011, the Honorable Jerry A. Jolly, Chief District Court Judge of the Thirteenth Judicial District, issued a written Administrative Order (hereinafter "Order") that was subsequently served on Jon David, District Attorney for the Thirteenth Prosecutorial District and filed in the office of the Brunswick County Clerk of Superior Court. The Order was issued without prior notice to the District Attorney and without an opportunity for the District Attorney to be heard as to any facts at issue, as to the issue of concern, or as to the effect of the Order. A copy of the Order is attached. On April 18, 2011, Mr. David wrote a letter to Judge Jolly, which addressed many of the concerns raised in the Order. A copy of Mr. David's letter is attached.
1. Douglas Darrell is a retired law enforcement officer.
2. Darrell worked as a law enforcement officer in New York and Florida and witnessed countless tragedies involving young people that were killed or seriously injured in traffic collisions.
3. Four years ago, Darrell founded the StreetSafe Driving Program, offered through a ~501(c) (3) nonprofit organization named S Solutions. The S Solutions StreetSafe Driving Program provides a hands-on driving program targeted at people 25 years of age and younger.
4. On February 16, 2010, Darrell donated $250 to Jon David's 2010 election campaign via credit card, using PayPal, by visiting Mr. David's campaign web site.
5. Darrell was contacted by Mr. David's Treasurer, Scott Hansberry, who told Darrell that the campaign committee was not permitted to receive a donation from a business.
6. Darrell's donation of $250 ($242.45 net after PayPal fees) was refunded by the campaign treasurer.
7. Darrell gave a personal check in the amount of $250 as a replacement.
8. Jon David was elected to the Office of District Attorney and took office on January 1, 2010.
9. The Elected Clerk of Court for Brunswick County, Jim MacCallum worked closely with District Attorney Jon David to institute changes for the efficient processing of traffic citations.
10. As a part of this process, District Attorney Jon David advised law enforcement to write their citations for 8:30 a.m. This time frame was one hour earlier than the regularly scheduled opening of court.
11. Velva Jenkins is the assistant vice president for economic and workforce development at Brunswick Community College (BCC).
12. Jenkins helped organize the proposed partnership between BCC and S Solutions.
13. The parties to that partnership were Brunswick Community College and S Solutions, a nonprofit entity.
14. StreetSafe US, Inc. is a for-profit corporation registered with the North Carolina Secretary of State. This entity was established for the purposes of facilitating the driving program in other states and was not a party to the proposed contract with Brunswick Community College. Douglas Darrell is not a principal in StreetSafe US, Inc.
15. Brunswick Community College was to be the provider of a number of different driving programs offered as a diversionary measure by the District Attorney's Office.
16. As of April 15, 2011, no contract had been signed between BCC and S Solutions for the implementation of the StreetSafe Driving Program.
17. As of April 15, 2011, no students were registered for the first StreetSafe class, which was scheduled for May 7, 2011.
18. On April 15, 2011, Jenkins received a phone call from Judge Ola Lewis, whose voice she recognized from their prior association.
19. Jenkins was placed on speakerphone with Judge ala Lewis, who was in the company of Judge Jerry Jolly. Judge Jolly asked the majority of the questions during the call.
20. Judge Jolly asked how money is collected for StreetSafe driving school.
21. Jenkins explained that BCC collects a fee of $120 and registers the student. The contract allows for that fee to be disbursed as a paYment of $100 to StreetSafe with the remaining $20 to BCC for administrative costs.
22. On April 21, 2011 Jenkins was interviewed by Investigator Richard White of the District Attorney's Office.
23. Deputy Charlie Miller is the Chief Deputy for the Brunswick County Sheriff's Office.
24. On April 15, 2011, between 11:30 a.m. and noon, Miller received a phone call from Judge ala Lewis. Miller was asked to go to her office and serve an Administrative Order.
25. At the time Miller received Judge Lewis's call, he was conducting a criminal investigation into a DWI traffic fatality. He was the ranking law enforcement official present on the scene in Ocean Isle Beach, where a woman was killed by a grossly impaired driver.
26. Miller informed Judge Lewis that he was busy with the fatality investigation, but that he would come to her chambers as soon as possible.
27. Miller asked Judge Lewis who the Administrative Order was to be served upon, and Judge Lewis stated that she did not want to tell Miller this information over the phone.
28. Miller drove to the Brunswick County Courthouse and went directly to Judge Lewis's chambers.
29. Judge Lewis gave Miller a copy of an Administrative Order signed by Judge Jolly.
30. At no time did Miller see or speak to Judge Jolly concerning the Administrative Order.
31. Judge Lewis instructed Miller to serve the Order on District Attorney Jon David and to bring a copy back to her.
32. Miller went to Mr. David's Office in an effort to serve the Order.
33. Miller served the Order, which had not yet been filed with the Clerk of Court, on District Attorney Jon David.
34. Miller took the original Order to the Clerk of Court, who filed it at 2:23 p.m. on April 15, 2011.
AFFIDAVIT FROM BRUNSWICK COUNTY SHERIFF CHIEF DEPUTY CHARLES MILLER:
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
This day Chief Deputy Charles W. Miller personally appeared before me, Brunswick County, North Carolina, and
after fIrst being duly sworn, stated:
On April 15, 2011, between 11:30 a.m. and noon, I received a phone call from Judge Ola Lewis asking me to come to her office to serve an Order. At the time I received Judge Lewis's call I was at the scene of a DWI traffic fatality. I was the ranking law enforcement official present on the scene in Ocean Isle Beach, where a woman was killed by a grossly impaired driver. I told Judge Lewis that I was busy with this fatality investigation, but that I would come to her chambers as soon as possible. I viewed the Judge's request as a priority and I made the decision to comply with her order and cease my duties related to the homicide investigation at that time. I asked Judge Lewis who the Administrative Order was to be served upon, and she stated that she did not want to tell me this information over the phone.
After driving to the Brunswick County Courthouse, I went directly to Judge Lewis's chambers. Judge Lewis gave me a copy of an Administrative Order signed by Judge Jolly. I was unclear why Judge Lewis was asking me to serve an Order written by another judge. At no time did I see or speak to Judge Jolly concerning this particular Administrative Order. During my entire career as a law enforcement officer, I have never previously been ordered to serve an Administrative Order on anyone, much less the district attorney.
Judge Lewis instructed me to serve the Order and bring it back to her chambers. I told Judge Lewis that a protocol was in place that required that I receive an Order with the Sheriffs Office and then take it to the Clerk's Office upon service for filing. However, I did tell Judge Lewis that she could have a copy of the delivered order. I went to Mr. David's Office in an effort to serve the Order. Mr. David had to be interrupted from a meeting when I arrived. I served the unfiled Order on District Attorney Jon David. Our interaction was brief and lasted no more than five minutes.
Upon walking out of the secured area of the district attorney's office I returned to Judge Lewis's office where she asked me what District Attorney David said upon being served. I responded "nothing." Judge Lewis's secretary "Cindy" had a copy of the Order in which I signed and dated exactly like the original. I told Judge Lewis I had to log this Order in like any other document and took it to the Sheriffs Office at that time. After receiving it at the Sheriffs Office I then took the original Order to the Clerk of Court, who filed it at 2:23 p.m. on April 15, 2011.
As the Chief Deputy of the Brunswick County Sheriff's Office, I am actively involved in administrative decisions affecting the workings of the criminal justice system. I was aware of the recent changes to the traffic court program that were instituted by District Attorney David and Jim MacCallum, our elected Clerk of Court. Indeed, Mr. David and Mr. MacCallum actively sought the input and cooperation of law enforcement prior to making these changes. I am of the opinion that these changes worked a dramatic improvement to the functioning of our courts and saved countless hours of officer time. Administrative traffic court is designed to ensure that officers spend less time in court and more time on our streets.
Judge Jolly did not seek the input of law enforcement when he made the unilateral decision to end administrative traffic court. Had he done so, I am confident in saying that he would have received strong opposition to this decision. Since Judge Jolly ended the program, there has been a tremendous amount of confusion over a number of matters pertaining to Traffic Court, including: the time that officers should put on their tickets, the dates that tickets should be set for, what traffic schools, if any, are permissible, and what time our deputies should "open court." On April 18, Sheriff Ingram and the Chiefs of Police for seven (7) municipalities in Brunswick County signed a petition asking Judge Jolly to rescind this Administrative Order.