Federal judge in Black case steps aside

Dever says his action will speed sentencing of Black for corruption

The federal judge overseeing the sentencing of former House Speaker Jim Black removed himself from the case Tuesday, saying it will speed "closure on the corrupt chapter that Black has written into the history of the Office of the Speaker."

Black, a Democrat from the Charlotte area, last month sought to remove U.S. District Judge James C. Dever III from the case. Black's lawyers argued that Dever, a Republican and former Raleigh lawyer, had worked on a legislative redistricting lawsuit that was at odds with Black and could not be fair in the case.

Black's lawyer, Ken Bell of Charlotte, said Dever must recuse himself from the case.

Dever rejected that argument Tuesday. But the judge said he would step aside anyway, on his own.

Bell could not be reached for comment late Tuesday.

Dever wrote in a 64-page order that he wanted to bring the Black case to a quick end while reducing cynicism and promoting public confidence in the justice system.

"That closure will not come if Black can try to direct the focus of this criminal case away from the reality of his own corruption," wrote Dever, who included other harsh words for the former speaker.

Dever acknowledged that recusal questions "concern perceptions, not reality." Dever wrote that although he has no actual conflict or other reason to step aside, he must take perception into account.

"In contrast, Black's federal criminal case concerns the stark reality of public corruption in the highest Office in the House," Dever wrote. "... [T]his court cannot ignore the extraordinary level of cynicism that Black's guilty pleas in this court and in state court have created within the body politic in North Carolina."

Dever wrote that "the only thing that remains to be done is for a federal judge to prepare for Black's sentencing hearing, to conduct that hearing, and then to sentence Black."

Black, 72, faces up to 10 years in federal prison. He could get more time on the state charges, too.

Dever wrote in his order that a new judge would receive the case soon.

Dever specifically rejected claims by Black that Dever could not weigh the case.

"Black discusses perception," Dever wrote. "Black believes reasonable people might reasonably perceive that his 2007 federal criminal case is about my role as a lawyer in an official-capacity civil redistricting lawsuit filed in 2001. That notion is false."

Dever noted that Black's request had come after Dever sentenced former Rep. Michael Decker to four years in prison and had harsh words for Decker, whose acceptance of a bribe in 2003 helped Black stay in power.

Though Black knew of Dever's role in the case all along, Dever noted that Black sought recusal only after Decker was sentenced and only after Dever had indicated he might tack extra time onto Black's possible sentence under federal guidelines.

"It appears that Black was content 'to test the waters' for 76 days, but viewed 'the waters' as 'uncomfortably hot' after Decker's sentencing," Dever wrote.