New DA expected to be named soon

By Lisa Majors-Duff

Candidates for the 30th Judicial District attorney met in Asheville Monday with Gov. Mike Easley's legal counsel, causing some to predict a new DA would be named in the coming days or weeks.

In the meantime, Waynesville attorney Rusty McLean attempted last week to prove the governor had exceeded his statutory authority by appointing an interim DA.

Monday's interviews and McLean's motion were brought on by the death of Charlie Hipps, district attorney for the 30th Judicial District since 1990. Hipps died Feb. 28 of a heart attack that struck the 59-year-old as he jogged on a treadmill in preparation for an annual U.S. Naval Reserve physical training exam.

As the shock of the district attorney's death eased, many in the region's legal community began to ask themselves who would be chosen to fill the vacancy.

The answer to that question was narrowed somewhat when four area attorneys - Bill Jones of Sylva, Frank Lay of Bryson City, Mike Bonfoey of Waynesville and Roy Patton of Canton - announced interest in the position, which state law says must be filled by the governor.

Before naming a full-time replacement though, Easley appointed Alan Leonard, one of Hipps's top assistants, to fill the vacancy on an interim basis and to assure the state would be adequately represented in the seven counties that make up the 30th District. Leonard is not qualified to assume the position because he resides out of the district.

With a motion to continue cases against two of his clients, McLean claimed that since the state Legislature has provided only two ways to appoint a prosecutor, action against his clients should be delayed until a DA is properly appointed.

"Any prosecution of the named criminal defendants would be in violation of state law until such time as the governor has duly appointed a district attorney," McLean said in his motion, which was denied without comment by Superior Court Judge Marlene Hyatt.

The judge sided with Leonard, who pointed out in his answer to McLean's motion that no provision of the state Constitution or General Statues prohibit the governor from appointing "an interim district attorney during the period necessary for him to appoint a person to complete a district attorney's unexpired term of office."

In fact, Leonard said, the governor is empowered by law "to appoint an 'acting' or interim district attorney" when the DA is for any reason unable to perform his duties. "Death constitutes such a reason," Leonard said.

In making his choice to replace Hipps, Easley will most likely call upon his legal advisors, who will discuss with the governor, himself a former DA, the duties of the district attorney, which include the preparation of trial dockets and prosecution in a timely manner of all criminal actions and infractions in both Superior and District courts.

The 30th District DA and his eight full-time assistants prosecute all criminal cases - everything from speeding tickets to first-degree murder - in seven counties, his lawyers will tell him.

The district attorney is also required to advise the officers of justice in his district, perform necessary duties at the Appellate Division and represent the state in juvenile cases. Finally, state laws requires the district attorney to "devote his full time to the duties of his office and... not engage in the private practice of law."

While the law spells out rather formally the duties of the district attorney, Charlie Hipps's widow could explain to the governor that her husband's performance of his responsibilities went beyond what's in the statues.

"It takes courage to stand up for what you know is right; it takes a good ear to listen and find out the facts; it takes compassion for the victims," Jane Hipps told The Herald. "It takes tireless energy because things are happening 24/7; it takes tremendous managerial skills to handle both District and Superior courts in seven counties; and it takes the ability to deal with not only the public, but the staff and judges.

"Charlie had to be tough because someone always wanted to cut a deal," she said. "Not doing that made him popular with some and unpopular with others." Although her husband frequently saw the very worst in people, from those who abused their spouses and children to murderers, "Charlie never got cynical or bitter," Mrs. Hipps said. "He always kept a positive attitude and a smile on his face.

"Charlie took the job for the good of the people," she said. "He did the right thing for the right reasons."

North Carolina is divided into 39 prosecutorial districts. The mountain counties included in District 30 are, from west to east, Cherokee, Clay, Graham, Swain, Macon, Jackson and Haywood. Only District 1 - which takes in Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans on the coast - encompasses as many counties. Geographically, though, the 30th District is the largest in the state.

"Charlie thought of himself as the quarterback of the 30th Judicial District," his wife said. "It was his job to keep the system going, and the 30th was often cited as being one of the most efficient in the state."

Jane Hipps said her husband and his staff always had large numbers of cases to dispose of.

"It was amazing how many cases there were and how they increased," she said. "Charlie used to say it was clear that crime was not going out of style."

As prescribed by law, the office of district attorney is elected in North Carolina and those chosen for the job must be "duly authorized to practice law in the courts of this state."

Taking into consideration that vacancies will occur from time to time within elected offices, the General Assembly approved a plan to fill such voids. In the case of replacing a district attorney who, for any reason is unable to perform his duties, the Legislature has charged the governor with naming an appointee to fill the position.

With that understanding of the replacement process in mind, Mrs. Hipps said Tuesday that the person selected to fill her husband's term of office should come from within the existing district attorney staff.

"Charlie took great care in selecting the people to work with him, and it was (Assistant District Attorney) Bill Jones who said in an interview, 'We are a family,'" Jane Hipps said.

"Charlie had a masterful office. They worked very well together," she continued. "If that were broken up, the office would not be as efficient. But if they were to stay together, the same courage and integrity would continue."

After Easley makes his selection, the new district attorney will serve until the next General Assembly election cycle. This will require him to run in the May 2004 primary, and should he be successful there, his name will be placed on the ballot for the November 2004 General Election.

Two years later, the district attorney will again be required to run to keep his seat. Another Primary Election campaign must be mounted in May 2006, followed by the November 2006 General Election. The winner of this race will then hold the seat for four years.

Back to Archive: 03/27/03.