BOLIVIA, NC (WWAY) — Judge Jerry Jolly, who sued District Attorney Jon David all the way to the state supreme court over the DA’s new traffic court system, refused to talk with us about the ruling or why he chose to persue the case all the way to Raleigh.
He tried to avoid Cliff, our reporter, by going out a back door at the Brunswick County Courthouse. Cliff caught up with him in the parking lot and asked him about the case, but all Judge Jolly could muster was, “no comment.”
We’ll have more on the story tonight on WWAY NewsChannel 3 at 6.
RALEIGH, NC (WWAY) — The North Carolina Supreme Court issued this opinion this week regarding Judge Jerry Jolly’s shut-down of District Attorney Jon David’s traffic court:
On writ of certiorari pursuant to N.C.G.S. § 7A-32(b) to review an administrative order entered on 15 April 2011 by Judge Jerry A. Jolly in District Court, Brunswick County. Heard in the Supreme Court 10 January 2012.
The order of the District Court is vacated in each and every respect. As this Court has noted:
Even in the name of its inherent power, the judiciary may not arrogate a duty reserved by the constitution exclusively to another body, nor may it violate the constitutional rights of persons brought before its tribunals. Furthermore, doing what is reasonably necessary for the proper administration of justice means
doing no more than is reasonably necessary. The court’s exercise of its inherent power must be responsible — even cautious and in the spirit of mutual cooperation among the three branches.
The very genius of our tripartite Government is based upon the proper exercise of their respective powers
together with harmonious cooperation between the three independent Branches.
329 N.C. 84, 99–100, 405 S.E.2d 125, 132–33 (1991) (footnote and internal citations omitted); see also N.C. Const. art. IV, § 10 (setting forth the responsibilities and duties of the District Courts); N.C. Const. art. IV, § 18 (setting forth the responsibilities and duties of the District Attorney).
By order of the Court in Conference, this 26th day of January, 2012.
PARKER, C.J., MARTIN, J. and TIMMONS-GOODSON, J. recused.
NEWS RELEASE FROM DISTRICT ATTORNEY JON DAVID’S OFFICE:
Today, the Supreme Court of North Carolina filed an opinion vacating Judge Jerry Jolly’s
Administrative Order of April 14, 2011 in its entirety. In essence, the Court ruled that Judge
Jolly lacked the authority to enter his original order which had suspended traffic court and
prevented the District Attorney’s Office from using the StreetSafe Program. Now that the
Supreme Court has spoken, I look forward to working closely with all of our judges to make
traffic court more efficient. In doing this, I am pleased that the StreetSafe Program can now be
utilized to educate our children and protect our streets.