Published: Feb 05, 2012 02:00 AM
Modified: Feb 02, 2012 05:14 PM
Gov. Bev Perdue appointed a former longtime Durham judge to fill in as county district attorney while elected DA Tracey Cline is suspended from duty.
Leon Stanback, a Superior Court judge from 1989 until his retirement in 2009, was appointed Wednesday to serve as interim DA in what Perdue called a "challenging time" for the office.
Stanback also is a former member of the state's parole board, and was an assistant district attorney in Guilford County in the 1970s. He has also been in private practice as a defense lawyer. Since he retired, he has been a court mediator.
"Judge Stanback has served North Carolina and the Durham community with distinction as a prosecutor, parole commissioner and Superior Court judge," Perdue said in a statement. "He is the ideal person to bring strong leadership to the district attorney's office at this challenging time."
When Stanback retired, he was praised for his depth of experience, including his two decades in legal roles prior to becoming a judge.
Stanback said in a brief interview that he did not have much to say about the appointment because he did not yet know what his approach would be in the office.
He said he would not seek the office permanently if it were to open up.
"I'm not going to run for the office," he said. "I'll serve at the pleasure of the governor as long as I am needed."
He said he did not yet know when he would be sworn in, but thought it would take several days.
State law required Perdue to appoint an interim DA after a judge last week suspended Cline on a finding of probable cause that she has engaged in conduct prejudicial to the administration of justice which brought her office into disrepute.
Over the past three months, Cline launched attacks in court documents against Superior Court Judge Orlando Hudson that legal scholars and lawyers have described as unprecedented and beyond acceptable. Reports in The News & Observer have shown substantial errors of fact by Cline in the filings.
Citing Cline's writings and actions, a Durham lawyer filed an affidavit to begin a removal process under state law, leading to a review of the issue last week by Superior Court Judge Robert H. Hobgood of Franklin County.
Hobgood suspended Cline on Friday and set a hearing for Feb. 13 to make a final decision about her removal from office. Separately, the state agency that regulates lawyers has been obtaining the filings made by Cline.
If Cline is removed, Stanback said he would remain as acting DA until voters chose a new district attorney.
Under state law, if all appeals are final by early September, then an election would be held in November to fill out the rest of Cline's term, which is to run through 2014.