Email to DA Willoughby and the NC State Bar, 10/7/12: email@example.com
Dear Mr. Willoughby and Mr. Lunsford and Ms. Jean:
Judge Jacqueline Brewer has been convicting misdemeanor DWI defendants without probable cause hearings and then completing sentencing hearing forms, to make it appear as if the defendant had a probable cause hearing.
In her 2008 interview (link below), she states that N.C. has no speedy trial statute.
She began her job and has continued her job for 4 years having no idea that N.C. does indeed have a speedy trial statute (NCGS 15A-606). And unless you take action, she will continue earning $109,000 per year for the next four years for sentencing victims to misdemeanor DWI’s without probable cause hearings, because she believes that N.C. does not have a speedy trial statute.
If she simply read NCGS 15A-606, she would have learned that North Carolina does, indeed have a speedy trial statute. And in her interview, she also states that she is a trial judge. But per NCGS 7A-196, there shall be no jury trials in district court, only probable cause hearings. So she cannot legally be a trial judge and she cannot legally continue to hold jury trials in district court.
Here is a link to her interview:
Excerpt from Brewer interview:
10. District court judges do not continue cases past 120 days after the first appearance. Is that too long, or too short? Why?
There is currently no statutory speedy trial statute. There is a constitutional requirement for a speedy trial. Cases should be heard and resolved as expeditiously as possible with all parties having a chance to be heard. However, the administration of justice should never be sacrificed for expediency.
“As a trial judge it is my responsibility to ensure that every person charged with a criminal offence receives a fair and impartial trial as well as a speedy trial. I would continue to rule on continuances individually as they came before me depending upon the length of the delay and the reason for the delay.”
2005 North Carolina Code – General Statutes § 15A-606. Demand or waiver of probable-cause hearing.
(c)������ If the defendant waives a probable‑cause hearing, the district� court judge must bind the defendant over to the superior court for further proceedings in accordance with this Chapter.
(d)������ If the defendant does not waive a probable‑cause hearing, the district court judge must schedule a hearing not later than 15 working days following the initial appearance before the district court judge; if no session of the district court is scheduled in the county within 15 working days, the hearing must be scheduled
for the first day of the next session. The hearing may not be scheduled sooner than five working days following such initial appearance without the consent of the defendant and the prosecutor.