Removal of Magistrate Teresa Stokes from North Carolina’s Judicial 26th District is being sought by all 10 Republican members of the state’s delegation to the U.S. House of Representatives.
In a letter dated Tuesday and addressed to Chief Judge Roy Wiggins, the lawmakers wrote in part that state statutes provide “for the removal of a magistrate for willful and persistent failure to perform the duties of the office or conduct prejudicial to the administration of justice that brings the judicial office into disrepute.”
The Aug. 22 murder of Iryna Zarutska on a Charlotte light rail has been seen on video provided to police by the Charlotte Area Transit System. In the chilling scene, Decarlos Brown Jr. is behind her about four minutes, both seated, before he stands and stabs her to death.
Zarutska, 23, fled the war in Ukraine, her family says. Brown, 34, is reportedly homeless or has been taken in by family. He faces a first-degree murder charge from the state, and a federal charge of committing an act causing death on a mass transportation system.
The letter is led by Rep. Tim Moore and signed by Dr. Greg Murphy, Virginia Foxx, Addison McDowell, David Rouzer, Rev. Mark Harris, Richard Hudson, Pat Harrigan, Chuck Edwards and Brad Knott.
“Judge Stokes had the chance to protect the public and chose not to,” Moore said in a released statement. “It’s clear that she’s unfit to hold this consequential position and should be removed from the bench immediately.”
Their letter points out Stokes’ actions in January, when she authorized the release of Brown with only “written promise” to appear in court later. His 14 prior offenses, they write, included possession of a firearm by a felon, robbery with a dangerous weapon and physical assault of his sister.
Stokes was overseeing a misdemeanor charge of Brown being combative with police.
“Yet despite this history of violent and unstable behavior,” the lawmakers write, “Magistrate Stokes released Brown without requiring bond or imposing any meaningful conditions to safeguard the public.”
The letter also says, “By releasing a repeat violent offender on nothing more than his written promise to appear, Magistrate Stokes displayed a willful failure to perform the duties of her office and engaged in conduct prejudicial to the administration of justice, as set forth” in the general statutes. “Her decision has undermined public confidence in the judicial system and exposed the community to wholly preventable harm.”
In addition to removal for this act, the lawmakers request Wiggins check her prior bond determinations “to assess the full extent of misconduct.”
