Jackie Wagstaff pleaded guilty to two misdemeanors in November for allegedly falsifying city documents to allow students to go on a field trip. The incidents took place before she was sworn as a member of the school board.
Last week, Wagstaff filed a temporary restraining order, which stopped the Durham School Board from looking into her guilty pleas. The school board claims it is required as a matter of law to conduct an investigation to see if she is fit enough to serve. However, Wagstaff claims the school board is harassing her.
"I come to the meetings, and I have to sit through hearing arguments about removing me from the board each meeting," she said in court.
Wagstaff's lawyers asked a judge to make the temporary order permanent. Instead, Judge Orlando Hudson ruled it will remain on hold until next week, when there is another court hearing.
The school board says it has not made a decision to kick Wagstaff out of office, but their lawyers say previous crimes are grounds for removal.
"What if the person committed murder or child abuse or burned down a school? How could that not be the basis for removal?" said school board attorney Ann Majestic.
Hudson also ruled that the school board has to return an SBI file on Wagstaff. He said the report should not have been provided to the State Board of Education.
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