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Tuesday, September 11, 2007

Duke Case: NC Legal System — Tool for Fools

Instead of the Rule of Law deciding things in North Carolina, the legal system is a Tool for Fools.

David Saacks resident of Wake County now DA for Durham CountyAnne Blythe & Eric Ferreri / News & Observer:
Durham DA appointment may violate law -- A law signed by Gov. Mike Easley last month appears to make David Saacks ineligible as Durham County's district attorney.But the governor's office says otherwise.

Saacks, a Wake County resident, was sworn in last week as the top prosecutor in a county where he is ineligible to vote.

At the time, a spokesman in the governor's office said Saacks' Wake County residency did not render him ineligible for appointment to the Durham office.

But a bill that Easley signed into law on Aug. 19 says nobody can be appointed to fill a vacancy in any state or local elected office without being qualified to vote for that office.

"No person is eligible for appointment to fill a vacancy in any elective office, whether state or local, unless that person would have been qualified to vote as an elector for that office if an election were to be held on the date of appointment," the law states.

As a Wake County resident, Saacks cannot vote in Durham elections.

An Easley spokesman defended the appointment, saying the governor has powers granted to him by the state Constitution that trump the new legislation. [...]
What are the chances Mr. Saacks is house hunting in Durham very shortly? Or does the appearance of impropriety not worry anyone in Durham?
discussion:
LS forum:
Durham DA appointment may violate law, OOPS! -- Yes, they just make it up as they go along...

FreeRepublic:
Durham DA appointment may violate law (DukeLax) -- Laws are for little people...
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