Thursday, January 17, 2013

And here comes the judge...again

    Attorneys representing the Town of Kill Devil Hills have asked the North Carolina Supreme Court to place sanctions against attorneys representing Dare County Resident Superior Court Judge Jerry Tillett. Representing the judge are Kevin Rust and Norm Shearin of the Raleigh office of the Norfolk-based firm of Vandeventer and Black. 
    [The earlier version of this post stated that the sanctions, if granted, would go against the judge. That was incorrect.]
   The judge first sought a hearing before the North Carolina Court of Appeals in reference to its opinion handed down on Oct. 16 that vacated an order issued by Superior Court Judge Milton F. Fitch, 7B Judicial District. Although not the focus of the appeal, the court also vacated an earlier order issued by Tillett. Both orders were issued against the town. 
    In seeking the hearing, it was argued that although not a party to the suit, because the Appeals Court had vacated his order and because the Judicial Standards Commission may be investigating his actions related to the Kill Devil Hills Police Department, the judge was entitled to a hearing.
    The Appeals Court refused Tillett's request. He was not a party of the original case.
   In response, on Dec. 20, a petition was filed on Tillett's behalf by his attorneys with the Supreme Court. 
   The town responded to the petition through its attorneys in the matter, Dan Hartzog, Dan Hartzog, Jr. and Jaye E. Bingham-Hinch of the Raleigh firm of Cranfill, Sumner and Hartzog. 
   The attorneys argued that Tillett had no standing to enter the suit at this point and noted that he had remained silent up until that point.
    And now, Tillett's attorneys, have filed a response to the town's response although Supreme Court rules do not allow such filings.
    The town's attorneys have responded by asking that the Supreme Court place impose sanctions against the attorneys for filing frivolous actions and for violating the court's rules.
    The most recent filing on behalf of Tillett is linked here.
    The request for sanctions is linked here.
    For more on the background of the case and and links to previous filings, scroll down to earlier related blogs on this site titled "Oh, what a tangled web... " and "Top 10 Stories of 2013 - No. 1."

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