Local News

Durham DA loses again in bid to block judge from case

Posted January 13, 2012
Updated January 15, 2012

— For the second time in a month, a Superior Court judge has ruled that Durham County District Attorney Tracey Cline doesn't have enough evidence to prevent another judge from hearing a case.

Cline filed a motion Monday requesting that Superior Court Judge Orlando Hudson recuse himself from presiding over the case of Clint Edward Pollard, who is accused of molesting a boy.

She alleged that Hudson is biased against her office – he has criticized Cline's handling of at least two cases in his written rulings – but Judge Henry Hight ruled Friday morning that she showed no evidence of that and dismissed the motion.

Cline declined to comment after the ruling.

She filed similar motions in November, asking that Hudson be barred from hearing criminal cases in Durham County.

Superior Court Judge Carl Fox found no basis for Cline's previous motions, clearing the way for Hudson to handle a request for a new trial last month from Mike Peterson, a Durham novelist and one-time mayoral candidate who was convicted of killing his wife a decade ago.

Durham attorney Scott Holmes, who has been critical of Cline's actions, said he hopes her latest setback will discourage her from filing similar motions.

"Judge Hight has delivered a message to her that, clearly, these motions are frivolous, in no uncertain terms," Holmes said.

Other local attorneys have suggested seeking to have Cline removed from office for her actions, Holmes said, but he said no decision has been made.

The North Carolina State Bar recently requested more than 1,250 pages of documents from the Durham County Clerk of Superior Court related to cases Cline cited in her initial complaints against Hudson. The State Bar cannot publicly comment on whether it is investigating her actions.

Cline also has filed a complaint with the state Judicial Standards Commission over Hudson's actions.

27 Comments

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  • doggypoos Jan 13, 2012

    Nice new court house going up and all this garbage to go in it!

  • doggypoos Jan 13, 2012

    Narcissistic personality disorder

  • gphotohound2 Jan 13, 2012

    never saw anything more stupid than that hearing that Judge should be removed not even allowing the witnesses to speak . If he handled all case as fast there would not be a back log ,must be good friends .

  • allie19 Jan 13, 2012

    Durham DA.........nuff said

  • allie19 Jan 13, 2012

    Sit down and hush up Mrs. Cline! You look like an angry woman that just can't take the high road. No place in our courts for you.

  • carolinarox Jan 13, 2012

    you go anne5erozzy! well said!

  • Uhavenoclu Jan 13, 2012

    Give it up girly,

  • meldenis Jan 13, 2012

    This is embarrassing and ridiculous! Tracy Cline obviously has an agenda other than the one we are paying her to have. She needs to step aside and be replaced by someone who can effectively do the job. Let’s bring honorability and respectability back to the job of Durham DA.

  • samr Jan 13, 2012

    Durham is not served well by either one. Please quit. Thanx
    davidbh61255

    What do you base that on? Hudson has done nothing wrong in this situation and is one of the most respected judges in the state. Cline is the one at fault here. No one else.

  • lkahn1 Jan 13, 2012

    2 things Durham is famous for.....crime and corrupt D.A.'s

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