Ruffin Poole, former general counsel to former Gov. Mike Easley has
filed a lawsuit seeking to quash a subpoena that would have required
him to testify today.
Poole, who is now a law partner to Easley, sued the board Monday.
Board chairman Larry Leake said the board was served just before noon.
The Attorney General's office is handling the board's position on the lawsuit.
According to a copy of the suit, Poole is listing several reasons to prevent him from testifying. He contends the subpoena:
— "fails to allow a reasonable time for compliance;"
— "requires disclosure of privileged or otherwise protected matter;"
— "subjects a person to an undue burden;"
— "is otherwise unreasonable or oppressive" and "procedurally defective."
Poole has asked that he provide an affadavit for the court to review under seal that would help support his legal argument regarding lawyer-client privilege.
Senior Resident Superior Court Judge Donald Stephens received the suit shortly after noon. He said he could not hear it because he's concerned about the appearance of a conflict of interest.
"I know all these people and have known them for a long time," Stephens said.
He was seeking a judge to hear the lawsuit this afternoon. Poole's attorney, Joe Zeszotarski, could not be reached.