Pender clerk of court allowed to resume duties after removal hearing decision

Pender County Clerk of Superior Court Elizabeth Craver is back in office.

Superior Court Judge Kent Harrell came to the conclusion Friday morning in the courtroom of the Frances Dawson Basden Judicial Annex that Craver's questionable actions were not consistent with willful misconduct.

Craver was in suspension since Feb. 26 after being indicted on three counts of felony obtaining property by false pretenses and one count of failure to discharge her duties.

Craver's removal hearing started Wednesday morning in Burgaw and witnesses from the Pender County Clerk of Superior Court's office, former clerk's office employees, Pender County employees, a Walmart employee, SBI agents, another clerk and more gave their testimonies to the court.

Representing Craver, Ed West maintained that Craver did not engage in willful misconduct, while petitioner Boyd Sturges maintained that she did and should be removed from office.

Background on Craver's investigation

The investigation started in 2023 when Pender County Sheriff Alan Cutler was notified about potential criminal violations involving an individual who allegedly forged a deed and attempted to file it with Craver.

During that investigation, according to court records, employees within the clerk’s office notified the sheriff that Craver may have committed various crimes during her time as the elected clerk.

Then on Oct. 12, District Attorney Ben David and Cutler requested that the North Carolina State Bureau of Investigation investigate the allegations. Attorney Jordan Ford with the North Carolina Conference of District Attorneys was assigned to advise the SBI in the search of Craver’s work locations.

The allegations against Craver include multiple items that Craver allegedly received county reimbursement for with the understanding that they would be used for work, but allegedly were for her personal use.

Of the 11 reimbursement transactions with 82 purchased items, according to the warrant applications, the SBI did not find 30 of the items in initial searches of Craver’s work locations.

On Nov. 28, Craver handed over an Apple MacBook laptop to the SBI so that they could investigate the contents.

The indictment jury also found probable cause that Craver was falsifying timecards for her employees, one of which she was allegedly out shopping with during work hours. Other instances include falsifying timecards for employees who were working on Craver’s campaign during work hours.

The judge's findings

Under North Carolina General Statute 7A-105 for suspension, removal and reinstatement of a clerk, Judge Harrell found that none of Craver's questionable actions were done willfully, and therefore she would take her position again as clerk.

The Supreme Court of North Carolina defined willful misconduct as intentionally, knowingly and generally in bad faith. The definition also says that willful misconduct is more than a mere error of judgement or an act of negligence.

Craver's failure to assess interest from an owelty judgment was contrary to law and deprived the judgment holder of interest, but it was an error of judgment and there was no evidence that came before the court that the decision was made to favor one party over another.

"It is not uncommon for clerks of court or any other judge to make decisions that are later called into question," Harrell said.

Turning a blind eye to the time submittals by deputies and assistant clerk's in her office while working on her campaign was an act of misconduct, Harrell said, but not sufficiently egregious to warrant removal.

Although Harrell said that some other other questionable conduct has been presented in this hearing, the evidence did not support Craver's removal.

Reactions to the outcome

Friends and family gathered around Craver and her legal team in tears and agreed that the decision made by Harrell brought them great relief.

Craver's aunt said that the situation had traumatized their family and that Craver had been made to be a villain.

As for Craver, her attorney West spoke on her behalf.

"Elizabeth is obviously relieved, she's grateful, and she's ready to get back to work for the citizens of Pender County," West said. "She's glad to have this step behind her, this has been really hard."

West said that Craver is also grateful for the support of her friends and family and that she appreciates the thoughtful way judge Harrell handled the hearing.

As for the questionable actions that did not reach willful misconduct, West said that Craver has never claimed to handle everything perfectly.

"What she said though, is that she tries to go to work everyday for the people of Pender County and do her best and that she's grown in the office," West said.

What's ahead?

An exact date for Craver's criminal trial has not been set yet, but West will be representing her again.

"To be clear, she intends to vigorously fight the charges against her and I think today said a lot about that," West said.

This article originally appeared on Wilmington StarNews: Pender County Clerk of Court Elizabeth Craver allowed to resume duties