News & Observer | newsobserver.com | Local & State

Published: Nov 29, 2005 12:00 AM
Modified: Nov 29, 2005 05:54 AM

Judge faces new charges

High court has censured her twice

Hill could be removed if culpable of willful misconduct.
 

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The complaint also takes issue with Hill's behavior at the July 2004 trial of Daniel Saint Walters Moore Jr., a Cumberland County substitute teacher convicted of engaging in sexual acts with a student.

The complaint cites Hill's "repeated comments and gestures, which when considered in the totality of the circumstances, demonstrated respondent's disdain for defense counsel, Stephen Stokes, and his efforts to represent his client."

The complaint highlights 17 exchanges between Hill and Stokes during the six-day trial. She repeatedly criticized how he questioned witnesses. And twice, Hill gave Stokes the silent treatment in response to questions.

At one point during the trial and in front of the jury, Stokes asked the judge: "May I approach the witness?

"And the purpose would be?" Hill asked.

"Your honor, I'd like to show her her statement and have an opportunity for her to read and refresh her memory as to ..."

Cutting him off, Hill said, "Counsel, you haven't established that she needs to have her memory refreshed."

"Your honor, with all due respect, we would just ask if she remembers ..."

Cutting him off again, Hill replied, "With all due respect, sir, sit down and ask your next question."

Another time with the jury present, after a private conversation at the bench, Hill said, "Mr. Stokes, go back to the table. Mr. Sheriff, if necessary, if Mr. Stokes doesn't want to go back to the table, will you assist him? Thank you."

Stokes asked, "May I be heard?"

"There is nothing to be heard on, Mr. Stokes," Hill responded.

And later, Hill stopped Stokes' questioning of a witness and sent the jury out of the courtroom. She then chastised Stokes for asking a question that would have elicited inadmissable testimony and called his conduct "improper and unethical."

"Mr. Stokes' attitude has been one of contempt, arrogance and rudeness to the court," Hill said.

(News researcher Brooke Cain contributed to this report.)


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Staff writer Andrea Weigl can be reached at 829-4848 or aweigl@newsobserver.com.

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