Pender County clerk of court related to judge who presided over her removal hearing
The North Carolina Judicial Branch has confirmed that Pender County Clerk of Superior Court Elizabeth Craver is related to the judge who presided over her removal hearing.
Superior Court Judge Kent Harrell and Craver are distant relatives, according to Graham Wilson, the communications director for the North Carolina Judicial Branch. Wilson said they do not socialize with each other and have only had interactions through courthouse business over the years.
Harrell presided over Craver's removal hearing and ruled that she be able to go back to work as clerk on April 19.
Craver was suspended from her position on Feb. 26 after being indicted on three counts of felony obtaining property by false pretenses and one count of failure to discharge her duties.
In his ruling, Harrell said there was no evidence presented that Craver committed willful misconduct, and therefore she should continue her duties.
The removal hearing: After two days of witness testimonies, Pender County clerk of court awaits removal decision
In Article IV of the North Carolina Constitution, the North Carolina Court of Appeals states that the senior regular resident Superior Court Judge be the one to remove an elected clerk in a county.
"It is my understanding from Judge Harrell that he did not want to hear this case, but under the provision of the State Constitution and the Court of Appeals precedent interpreting that provision, he was the only person who could hear it," Wilson wrote in an email.
Wilson said there was no conflict of interest based on a family relationship, but to the extent any conflict could be implied from the work Harrell and Craver do, under the Constitution and case law interpreting it, Harrell could not recuse himself from the case nor could he assign anyone else to it.
Craver still awaits her criminal trial.
This article originally appeared on Wilmington StarNews: Pender County clerk of court related to judge who presided over her case
