Judge attempts to unseat judge

“Traditionally, you have more interest in (the presidential) cycle and greater turnout,” Mull said in a Tuesday interview. “This is a decision that needs to be made by the many, rather than the few.”

Mull, 58, has served as a District Court judge since 2002 and is a former private attorney who also spent time as an assistant district attorney.

Dellinger, 59, was appointed to a new judgeship position added to the 25th Prosecutorial District last year.

He has known Mull for 35 years, but said he hasn’t spoken to him about his decision. The two served in the same district attorney’s office several years ago.

Dellinger said he had never heard of a sitting District Court judge opposing another sitting District Court judge.

However, the North Carolina Board of Elections says it does happen on occasion.

“It’s not totally unusual,” said Johnnie McLean, Board of Elections assistant executive director.

The nonpartisan election also includes Lenoir attorney Austin Jud. The three candidates will be trimmed to two following the May primary.

The 25th Prosecutorial District includes Burke, Caldwell and Catawba counties.

Mull’s move, if successful, would allow him to seek a Superior Court judgeship in 2010. He would retain his District Court judgeship if he lost.

The seats of Superior Court Judges Beverly Beal and Robert Irvin would be up for election that year. The Superior Court judgeships include Burke and Caldwell counties.

Mull said that scenario is speculation. He said several seats would be up for election in 2010, presenting several options.

“Right now, it is my intention to run with the presidential cycle and retain a seat on the District Court bench,” he said. “Anything beyond that is speculation.”

There also is the scenario of musical chairs where Mull defeats Dellinger, leaving an open seat that would be filled by the governor. If that governor is a Democrat, Dellinger may be a likely pick to take Mull’s seat. Dellinger said he had not thought of that possibility and declined to comment.

| 322-4510 x5407 or 304-6914

Who will take Mr. Mull’s current seat if he wins the new one?  And how much will this silly stunt cost the taxpayers?

If Mull wins the new seat, the new governor would fill the vacancy with an appointment, likely along party lines.
Either Democrat, Beverly Perdue or Richard Moore, will be favored to win the governor’s seat considering North Carolina’s history.
Dellinger, who is a Democrat, is a possibility as a re-appointment.

Commenting is not available in this weblog entry.