CHUCK LIDDY - cliddy@newsobserver.com
Suspended Durham District Attorney Tracey Cline listens as Superior Court Judge Robert Hobgood denies her motion for a continuance Friday, Feb. 17, 2012. The proceedings, which could decide if she is removed as Durham's District Attorney, will convene Monday at 10 a.m.
DURHAM -- Tracey Cline’s request for a second delay was denied Friday when a judge told her to be ready Monday for a hearing to determine whether she’ll be removed from her job as Durham County district attorney.
Superior Court Judge Robert H. Hobgood said he would begin hearing evidence against Cline at 10 a.m. Monday. Cline’s attorney, Jim Van Camp of Pinehurst, was told to be prepared to start presenting Cline's side next Friday, Feb. 24.
Cline hired Van Camp and two associates in his firm Wednesday. They filed a motion Thursday asking for more time to prepare her defense. Van Camp had said he would file some pre-trial motions by 5 p.m. Tuesday, and he asked that the hearing be delayed until March 3.
Cline has been criticized for her sharply worded campaign to have Orlando Hudson, Durham’s chief superior court judge, removed from criminal cases.
The proceedings against Cline started when Kerry Sutton, a Durham attorney, petitioned a judge to remove her from office, saying her behavior was “prejudicial to the administration of justice which brings the office into dispute.”
Hobgood had given Cline a one-week delay this week, while she recovered from a bout with pneumonia. Sutton argued that Cline had had enough time to prepare, and Hobgood agreed Friday.
“The motion to continue the hearing is denied,” Hobgood said.
Hobgood said the case will focus narrowly on statements Cline has made about Hudson.
“Court determines that the relevant evidence of this inquiry is specifically statements made by Tracey Cline, either in writing or verbally in a court. That’s the relevant evidence. That’s the inquiry the court will make.
“Those statements directed toward Senior Resident Superior Court Judge Orlando Hudson. I’ve taken judicial notice of court filings that contain statements by Ms. Cline including pleadings that she has already signed in the past. That’s what’s relevant in this hearing,” Hobgood said.
Sutton will begin presenting evidence against Cline Monday, and Van Camp will begin making his case or presenting motions in the case Friday, Hobgood said.
Also Friday, Van Camp said he had dropped subpoenas that Cline issued earlier in the case, seeking testimony from three News & Observer journalists and seeking emails from Hudson’s office. He said it was possible that other subpoenas could be issued later.
“For the record I say we are releasing all those subpoenas as of today,” Van Camp told Hobgood. “So there should be no outstanding subpoenas until we decide as we go forward. I’ve informally told the News & Observer representative already.”
