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Petition filed to remove Wake County Sheriff from office months before his term is up

A petition was filed on Monday to remove Wake County Sheriff Gerald Baker from office.

Posted Updated

By
Cullen Browder
, WRAL reporter
RALEIGH, N.C. — A petition was filed on Monday to remove Wake County Sheriff Gerald Baker from office.

A state law, which is rarely used, allows for the removal of a local elected official if it’s proven that the official willfully neglected to perform their duties or is guilty of "maladministration of office or negligence."

The petition was filed by Jeffrey Dobson, who is running as a Republican candidate against current Wake County District Attorney Lorrin Freeman in the 2022 midterm elections. Five other Wake County residents joined him in the petition.

It points to several issues WRAL Investigates has reported on during Baker’s time in office. Those issues include hiring and firing decisions, financial issues and, most recently, concerns from the family of murdered Deputy Ned Byrd.

Freeman says by her reading of the state statute, she or a county attorney must approve the petition before it’s filed. She did not, which would make the filing illegitimate.

However, Dobson said according to his interpretation of the law, the filing is legitimate.

The statute says, "Any sheriff or police officer shall be removed from office by the judge of the superior court, resident in or holding the courts of the district where said officer is resident upon charges made in writing, and hearing thereunder, for the following causes: willful or habitual neglect or refusal to perform the duties of his office, willful misconduct or maladministration in office, corruption, extortion, conviction of a felony [and] intoxication, or upon conviction of being intoxicated." 

WRAL News reached out the county's attorney for more clarity and did not hear back.

A North Carolina Superior Court judge will decide if the complaint is legitimate and rises to the level of a hearing. The judge could also dismiss the complaint.

Baker lost his re-election bid to a Democratic challenger in the primaries, so his term ends in November regardless of the judge’s decision.

WRAL News reached out to Baker for comment on Monday afternoon and has not yet heard back.

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