In the Matter of: Alicia Jurney and Michael Newman
| Case Link | View Now |
| Opinion Filed | Pending |
| Attorney for the Case | Alan M. Schneider Thomas M. Van Camp |
| Amicus Brief Writers | Emily C. Jeske B. Tyler Brooks |
| Court | NC Court of Appeals |
| Docket No. | P26-131 |
This case arises from a defamation action filed by the Clerk of Superior Court of Moore County against two defendants, including a District Court Judge of the same County. Attorneys Alicia Jurney and Michael Newman represent the defendants in the defamation case. As part of the representation of their clients, attorneys Jurney and Newman sought to disqualify Judge Michael Stone. According to trial court filings, Judge Stone (1) was a material witness in the underlying case, and (2) at times material was represented personally by the same attorney representing the plaintiff. Related to the motion to disqualify, the Judge issued show cause orders threatening criminal contempt against Jurney and Newman. They then retained counsel (Alan Schneider and Tom Van Camp), who filed a Petition for Writ of Prohibition and Petition for Writ of Mandamus in the Court of Appeals seeking to halt the contempt proceedings.
NCAJ joined both NCADA and a group of retired judges in an amicus brief in support of Petitioners. In addition to the rare collaboration between NCAJ and NCADA, the retired judges’ group was a bipartisan group from all levels of the judiciary, including Justice Barbara Jackson, Justice Rober N. Hunter, Jr., Judge Lucy N. Inman, Judge Richard D. Boner, Judge Michael Denning, and Judge Alice Stubbs
The amicus brief contends that Jurney and Newman merely discharged their duties as officers of the court to protect, rather than undermine, the integrity of the judicial process. In addition, the brief argues that the threat of criminal contempt for raising the issue of disqualification would have a chilling effect on attorneys raising important issues, and that the better practice would be to employ the established procedures of the State Bar to address whether any impropriety had occurred.
RESULT: After the Petition and the Amicus Brief were filed, the special prosecutor investigating the charges dismissed the show cause orders with prejudice, finding no probable cause that the attorneys had acted improperly.
