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Four seeking DA position; Leonard named interim

By Lisa Majors-Duff

Jones Jones Following District Attorney Charlie Hipps's death last month, N.C. Gov. Mike Easley has heard from at least four area lawyers interested in assuming the job.

Hipps, 59, of Waynesville, DA for the 30th Judicial District since 1990, died of a heart attack Feb. 28 while exercising. State law says the governor will appoint someone to the position until the next General Election in November 2004. Winner of this election would then be required to run for the position again in 2006.

In the interim, Gov. Easley has asked Assistant District Attorney Alan Leonard to step in.

"I appreciate Alan's willingness to serve on a temporary basis," Easley said last week. "His prior experience as a district attorney will allow the important work of the prosecutor's office to continue smoothly while the process of choosing a permanent successor proceeds."

Lay Lay

Leonard has worked as an assistant district attorney on Hipps's staff since 1995, when one of his first assignments was to serve as lead prosecutor in the cases against those charged with the April 1994 torture death of Tony Queen. Formerly a DA for the 29th Judicial District, Leonard cannot be considered for DA in the 30th District because of his Polk County address.

Bill Jones

Jackson County native Bill Jones has announced his intension to seek the district attorney seat.

"My goal is that the integrity and honesty of the office be preserved," Jones, 31, of Savannah community, told The Herald Friday. Jones, son of B.C. and Marty Jones, said he hopes that after the governor reviews the resumes of those interested in the DA post, his will rise to the top.

Bonfoey Bonfoey Jones, who has served as an assistant district attorney since 1998, said his former employer asked him to run for district attorney four years from now, at the conclusion of Hipps's fourth term in office.

"I'm seeking the position to honor Mr. and Mrs. Hipps," said Jones, who called Hipps not just "boss" but "friend." "We were very close, and he wanted me to have this position."

A 1990 graduate of Smoky Mountain High School, where he was a running back on the varsity football team, Jones earned a double degree in management and finance at Western Carolina University, graduating with high honors.

From there he worked with the Social Security Administration in Morganton before being accepted to law school at the University of North Carolina in Chapel Hill. After graduating in the top 35 percent of his law school class in 1998, Jones came back to Western North Carolina to be a prosecutor.

Patton Patton "Mr. Hipps is the one who enabled me to do that," said Jones, who served as an intern with Hipps while a law student.

After working briefly in the Sylva DA office, Jones was assigned to the Waynesville office, where many of the administrative duties fell to him. He also played a part in many of the recent high profile cases, including a case against one of two men charged with slaughtering five members of a Fines Creek family; Toren Gordon, a Western Carolina University football player charged with murder after a fatal shooting at Thunder Ridge, a Maggie Valley night club; and a Graham County man who was unsuccessful in his use of insanity as a defense for murdering his neighbor.

"Mr. Hipps trusted me to handle these cases," Jones said.

To those who would list his youth as a drawback, Jones said, "It's about ability, not age. I have experience in all areas, from arguing in first-degree murder cases to prosecuting drug traffickers.

"I earned the trust of Mr. Hipps," he said. "He believed in me."

Hipps put that trust into words a couple of weeks before his death when he called Jones into his office and asked him to shut the door, Jones said. That's when Hipps expressed his desire to have Jones run for the office in 2006, always keeping in mind the honesty and integrity expected from the district attorney.

"Everyone should get equal treatment, Charlie always said. It didn't matter if they were from Little Canada or the country club," Jones said of Hipps's work philosophy. "And he was sure I could continue that and not let the office slide to the good old-boy network."

Jones, who indicated no other assistant in the 30th District will seek the position, said if he is appointed he will retain the entire staff, whose work over the years has earned high marks when it comes to disposing of cases in a timely manner.

He also said it would be one of his priorities to make appearances in all the counties served by the 30th Judicial District - Cherokee, Clay, Graham, Haywood, Jackson, Macon and Swain.

"I think it's important for the DA to get out and prosecute cases in all seven counties," said Jones.

"One of the things Charlie always said about me was that I didn't come equipped with a reverse," Jones said. "And I intend to move forward to honor him."

Frank Lay

A member of Hipps's staff until about five months ago, Frank Lay, 35, of Bryson City, began his law career as an officer with the Cumberland County Sheriff's Department in 1989. From there he went to work for the Fayetteville Police Department before being accepted to law school at N.C. Central University.

"In my last year of law school, I went to work in the DA's office in Chapel Hill and loved it," Lay said.

After graduation in 1996, he was offered a job in Chapel Hill, but he and his wife, Kim, wanted to move back to the mountains. A native of Bryson City, Kim Lay had already begun working with the firm where she is employed now, Melrose, Seago and Lay in Sylva.

"Charlie was nice enough to offer me a job," he said about going to work in the 30th Judicial District.

Lay spent six years in the DA's office, working primarily in Jackson and Swain counties. As an ADA, Lay successfully prosecuted several high-profile cases, many involving child sex abuse. One case involved a Swain County man charged with nine counts of child molestation and rape who, after conviction, received four life sentences plus 132 years.

"Those were the most heart-wrenching, holding a sobbing child after being cross examined, and the most rewarding, when they told me I'd helped take away the nightmares," Lay said.

Lay also prosecuted two noteworthy homicides in Swain and Graham counties and a rape case in 2000 against a man who kidnapped a co-worker, sexually assaulted her and beat her, leaving her for dead.

He left the DA's office, he said, to prepare to run for district attorney in 2006.

"We knew Charlie was not going to run again, and I wanted to experience the other side - private practice," Lay said. His office is located in Sylva's Colonial Square.

"It's harder being in private practice because I have to charge people," said Lay, who as a law enforcement officer and ADA had been paid by the state to work for victims.

"We let the governor know I'm interested (in being district attorney) because I believe in the work and I believe in the people," he said.

In addition to serving as a deacon at First Baptist Church in Bryson City, Lay is a longtime member of the Bryson City Fire Department. Since 1998 he was been a professor of law at Western Carolina University, teaching mostly night courses.

He and his wife have one child, Alec, who is nearly 4 years old, and another due in June.

Mike Bonfoey

Waynesville attorney Mike Bonfoey has also announced his intention to pursue the governor's appointment as district attorney for the 30th Judicial District.

Bonfoey, 53, a partner in the law firm of Brown, Ward and Haynes, has practiced law in North Carolina for 27 years. He came to the mountains in 1978 to serve as ADA under District Attorney Marcellus Buchanan.

"There is a tremendous vacancy caused by the sudden and tragic death of Charles Hipps," Bonfoey said, "not just in the District Attorney's office, but across the mountain region. I believe that I have the experience and qualifications to carry on this important work for the people of the 30th District."

During stints with two area law firms and during his time as ADA, Bonfoey tried multiple cases in every Western North Carolina courtroom, "from custody battles to convicting criminals," he said.

Bonfoey currently serves as Waynesville town attorney, a position he has filled for 17 years.

Bonfoey said he believes his experience as a former assistant district attorney and as an attorney in private practice have given him a solid foundation in both management and litigation.

"Crucial to the job of district attorney is the ability to both prosecute and manage," Bonfoey said. "After all, the 30th is (geographically) the largest prosecutorial district in the state."

Bonfoey has served as president of the 30th Judicial District Bar Association and as president of the Haywood County Bar Association and was appointed by the president of the N.C. Bar Association to serve on the State Bar Disciplinary Hearing Commission, a body that helps maintain a standard of ethics among North Carolina attorneys.

"The people deserve a district attorney with unquestionable credentials and impeccable integrity," said Bonfoey, who wants the credo of his office to be "that victims come first."

"Quite simply, I will maintain and preserve the rights of the victims by seeking justice for those who have suffered at the hands of criminals," he said.

After earning undergraduate and law degrees from the University of North Carolina, Bonfoey served for two years as ADA in the 4th District, under William Andrews. Buchanan then brought him to the mountains.

Bonfoey served under Buchanan until 1981, and then helped form the Waynesville law firm of Noland, Holt, Bonfoey and Davis. Bonfoey lives in Lake Junaluska with his wife, Kelley, and their 10-year-old daughter, Lauren.

Roy Patton

A 1969 graduate of UNC-Chapel Hill School of Law, Roy Patton is the only one of the four men seeking the DA position to have served in the office. An ADA under Marcellus Buchanan, Patton followed in his boss's footsteps by being elected to the job in 1986.

Hipps beat Patton and Bonfoey four years later in the Democratic Primary.

"My experience is unique among the known applicants," Patton said. "I have both prosecuted and defended multiple murder cases and other serious offenses. I have tried many serious cases in federal court, from Bryson City to Statesville."

Patton said he believes prosecutors have a serious ethical, moral and legal obligation in the administration of justice to be fair, honest and thorough in the handling of cases.

"We are most often the only one to assist the victims of crime and must do all we can to protect the victims and must prevent them from being victimized again by the court system," he said. "Fortunately, we now have legislation to help us do this; but we locally still need to have close and good contact with the victims."

One area that needs to be improved upon in this district is that the DA's office needs to re-establish better relations with law enforcement, Patton said.

"We need better communication, and as a result, will have more mutual co-operation," he said.

If selected, Patton said he would see that "this office is conducted with compassion for those who have been hurt by criminal conduct, with honesty and integrity to all, and with fairness and equality for all. We will treat the rich and poor; the black, white and Hispanic; and the powerful and the weak, alike - equally. We will apply the same standards to everyone.

"My office will be open to the public, to victims, to officers and to attorneys," he continued. "We will work hard. We will be thorough. And, we will be careful."

After contacting a few officials across the district, Patton said he does not believe the governor's appointment is a campaign between him and the other applicants.

"I respect and admire them all; I do not believe that this is a campaign between me and the other applicants," he said. "Most of the sheriffs, police chiefs, clerks and other court and law enforcement personnel know me, and they know how I ran this office before. I have indicated my interest, and they, along with others, can judge my abilities and determine what recommendation to make to the governor.

"I am not conducting a telephone, letter writing, or political campaign at this time. That will have to be done soon enough, since another election will be next spring.

"If appointed, I will pledge to serve with all my dedication and ability," he said.

A native of Canton, Patton has spent all but two of his 33-year law career in practice in Haywood County. He and his wife, Sarah, have a daughter and a son.

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