Wake Superior Court Judge Donald Stephens chastised school board member Ron Margiotta today for his complaints about the handling of the fine in the Jim Black case and warned that the criticism could cost the school district money in the future.
Stephens was livid about the comments that Margiotta made in today's article about allowing Black to pay half of his $1 million fine by deeding land near Charlotte instead of providing cash to the school system.
According to today's online article by Rob Christensen, Stephens interrupted Black's sentencing to call in a school board attorney to his courtroom to be chewed out. The judge called the remarks "idiotic" and noted that he had not been obligated to levy any fine against Black.
"Criticism from those receiving the gift really kind of puts a chilling effect on judges and the courts system that are working really hard for their benefit," Stephens said. "It is not appreciated. I don't even understand it, quite frankly. In my 25 years on the bench, I have never seen anything quite like that. It makes no sense. It's a little bit idiotic."
"It's like giving your daughter a Toyota and her saying, 'Dad, I'd rather have a BMW," Stephens said. The judge said he would have to give serious thought to whether he would levy fines in the future that would benefit the Wake school system.
Stephens also added that he had the power to rescind the fine and make the school board return $500,000 in cash paid my Black and the property he signed over.
The school board's attorney told Stephens he doesn't think the full board would question the court's judgment in accepting the property in lieu of cash.
It will be interesting to see whether a majority of board members distance themselves from Margiotta at Tuesday's meeting to stay on Stephens' good side. Margiotta had thought, at least on Wednesday, that he had the backing of at least some other members for his complaints.
After the verbal fireworks, Stephens sentenced Black so that his state time is concurrent with his federal time. He also imposed the minimum time of 11 to 14 months on Black.
Stephens did say that Black would have to serve the state time if he is successful in persuading federal officials to release him early. He's not set to get out of federal prison until 2012, which would be well after his concurrent state sentence ends.
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Mon, 07/20/2009 - 14:11 — me_mcadamsI know there are a lot of passionate parents on this website. As a member of the WSCA, I’m collecting parent testimonials about how current WCPSS policies and practices have PERSONALLY impacted you. Please send me your stories, both positive and not-so-positive – I’d like to hear them all. Please email them to me by Fri, July 24 at time4WCPSSchange@google.com.
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Thanks in advance for taking the time to share!
Impartial judge?
Fri, 07/17/2009 - 09:58 — NWRaleighMomThe judge said he would have to give serious thought to whether he would levy fines in the future that would benefit the Wake school system.
I can't believe it! Did they teach him in a law school what impartial means?
Ingrates have that affect
Fri, 07/17/2009 - 13:22 — user1234The fine amount is the judge's decision not law.
Forget what the court did with fines, but.....
Fri, 07/17/2009 - 08:47 — jjgabe30is anyone else out there NOT asking why this School Board Attorney and other Top WCPSS Adminstrators still have their jobs? Recieving the land without the noification and affirmation of the Board is grounds for dismissal.
With one lone exception, it appears the current School Board does not have the stomach to fire for corruption or incompetence. Current Chair Mr. Hill (with 33 years of experience as an educator) should not be just debating the newest books and curriculum. He should be Leading a Billion Dollar Board of Directors. He should be calling for resignations, and he should have been in court next to Ron. We continue to send entrenched educators to be impartial advocates for tax payers and families, and we wonder why we keep getting rolled. In the last 10 years we have had numerous long term educators, and this year several more are running again; and yet we wonder why we are in the mess we are in. This must stop.
Judge Stephens
Fri, 07/17/2009 - 07:56 — TheLoneRangerThe comments from the bench only show a childish, immature, baby is wearing those robes. Reminds me of a little kid who because it was his basketball and someone blocked his shot takes his ball and leaves so no one can play. It's his ball so you can't block his shots. Says a lot about a level playing field.
Is there a diaper under that robe?
"I would never question his
Fri, 07/17/2009 - 05:36 — AngelaW"I would never question his authority as a judge," Margiotta said. "No more than I want him to question my responsibility as a school board member."
Margiotta said his main complaint is that the school board's own attorneys never notified him of the change in such a high profile, politically-charged situation.
That being said, he's still wary of the decision.
"I think I would have objected to accepting property versus accepting cash," Margiotta said. "We're not in the property business -- we're in the school, the education business."
That's the only reason Stephens says he's still willing to work out fines like this in the future, despite it all.
"This goes ultimately to the school kids of Wake County," Stephens said. "They deserve the money. So it's worth the effort."
http://wake.mync.com/site/Wake/news/story/38448/jim-black-sentenced-school-board-verbally-chastised/
Of banana republics and kangaroo courts...
Fri, 07/17/2009 - 00:52 — Its_the_parents...The manure pile keeps getting higher...is there any integrity and trust left anywhere in our political, economic, judicial, educational system ...etc. etc.?N&O Quote: "...will be interesting to see whether a majority of board members distance themselves from Margiotta at Tuesday's meeting to stay on Stephens' good side..." So now "judges" have "good" and "bad" sides that we have to curry favor with? Did I read this right? Swearing to uphold the US Constitution and the laws of the land be damned?? Are wads of dollar bills exchanged in bathrooms the next logical step? Direct JUDGE quote!!!..."Criticism from those receiving the gift really kind of puts a chilling effect on judges and the courts system that are working really hard for their benefit," ...oh, now I get it, we hurt your feelings!!!....and so your future judgements will be affected by this perceived slight?? ? ...And you're "working hard for their benefit"???? I thought your job was to uphold the LAW, not work for the benefit of any specific cause??? It is indeed appalling (shameful, actually) that this deeply flawed person is actually a JUDGE!!! We are truly on the road to banana-republicdom. If this person has any integrity, he should resign immediately! And if he fails to, he should be demoted from "Superior Court" to "Deeply Inferior, swayed by personal emotions" court.Impeach this "judge". And get out and vote this election day to flush the rest of the frauds out of office and down the sewer this fall!!
What the...
Thu, 07/16/2009 - 22:19 — designmanLet me get this straight, a judge is negligent in his duties, insults a school board member, throws a childish temper tantrum, and makes impotent threats to withhold fines in future decisions and Ron Margiotta is the topic of discussion? Holy cow!
Mr. Margiotta is a rare voice for responsible leadership in advancing education in Wake County. Hang in there, Ron, help is on its way!
Do your homework on Black, thanks Ron
Thu, 07/16/2009 - 20:43 — kmisegadesTo appreciate what Ron Margiotta is doing & saying, one needs to study the history of corruption surrounding Jim Black over the past decade, and how Democrat & RINO leaders like him are protected by people such as Prosecutor Willoughby, State AG Cooper, Governor Easley and all their friends in the school administration, as well as in the courts. It is a complex web of intrigue, corruption, graft and power that would make a terrific crime novel if it wasn't all true. Sadly, this pretty much defines North Carolina politics since the Reconstruction. Ron is one of the woefully few honest, courageous elected officials in our state.
hmm .. maybe a better
Fri, 07/17/2009 - 09:30 — user1234hmm .. maybe a better approach would be to pick up the phone and ask the School Attorney what was going on .. I am guessing he has his number ... I can look it up for Ron. Second, call Dell (again, I can look up the number for him) and talk about how Ron wants to be updated on these matters in the future. Surely, they can figure out internal communications and authorization problems without affecting the judge who decides fines. Than again, Ron’s district is flush and money is not an problem.
http://carolinajournal.com/ex
Thu, 07/16/2009 - 22:28 — AngelaWread these articles to find out how much the "land" was worth....
http://carolinajournal.com/exclusives/display_exclusive.html?id=5509 http://www.carolinajournal.com/articles/display_story.html?id=5492 http://www.newsobserver.com/front/story/1610060.html
Shocking!
Thu, 07/16/2009 - 22:51 — designmanYou know what's idiotic? Accepting land worth $150K as settlement for a $500K fine. At a minimum, Judge Stephens needs to publically apologize to Mr. Margiotta and resign his judgeship for deriliction of duty. He also needs to find $350K for Wake County Schools.
Wait a minute...
Fri, 07/17/2009 - 07:03 — Bob_SconceSo, first of all, the judge could have just said "Ok, Jim Black. We'll reduce your sentence if you give the school district $500,000 in cash and this piece of property." And, that would have been completely fine.
Secondly, the Judge did nothing wrong here -- it's not his job to figure out what the land is worth. Black's attorney said "We think this land is worth $xxx," and the D.A. and school board both said "that sounds good to us." At that point, the Judge really isn't supposed to dig any deeper.
And, it's not at all clear that the land is worth $150K. It may be worth $500K. Or, it may be actually have negative value. (This can happen if land has environmental problems, like somebody dumped toxic waste on it 40 years ago.)
The issue here is that the school board has oversight authority over the school district, and should have been informed when the district was about to acquire land a few hundred miles away.
Truly Amazing
Thu, 07/16/2009 - 19:09 — sky5714Many of you are quick to throw Margiotta under the bus. You have not read the details of the land deal, I'm sure. Educate yourselves first. Read not only the N&O stories but read the recent stories on the deal on carolinajournal.com. Margiotta is simply trying to get the best deal for the school board. Judge Stephens is not King. And to threaten to withhold fines in the future - well, that's certainly a mature reaction. Methinks the judge doth protest too much.
BTW, it wasn't so long ago that the school board had a fiasco with the Apex/Olive Chapel Road land deal.
Just the ones you'd expect
Thu, 07/16/2009 - 22:07 — g88ky07to throw him under the bus. They get so few opportunities, but in the reality of it all I'm sure Ron isn't losing any sleep over Stephen's comments!
Thanks Ron
Thu, 07/16/2009 - 19:00 — user1234The judge said he would have to give serious thought to whether he would levy fines in the future that would benefit the Wake school system.
threat?
Thu, 07/16/2009 - 22:35 — loriacSo the judge makes a threat when the taxpayers are cheated?
When is this man up for election.... I am appalled.
how's that for an impartial
Thu, 07/16/2009 - 22:37 — AngelaWhow's that for an impartial judge? take that, nah nah...what a joke...was the man serious? can people in his court room take that seriously and believe he's capable of impartiality when he's acting like he's a "teenager" whose "toy" got taken away....grow up.
Ron did what the ENTIRE school board should have done and questioned Del & Co. about some behind the scenes decision that they weren't aware of until AFTER they got stuck with undeveloped land in ANOTHER county....
"Every trained local government manager will tell you that they do not have the authority to accept real estate without the governing board's approval. So, the Superintendent of Wake County Public Schools did not have the authority to accept real estate from convicted former NC House Speaker Jim Black without approval from the Wake County School Board.
Huh?
Thu, 07/16/2009 - 21:23 — Bob_SconceWell, that's an interesting paraphrase, but I think Stephen's comments miss the central point. The deal itself isn't really the thing that stinks. The bad part was that the administration and the district's attorneys decided to accept real property a couple of hundred miles away without informing the board. Since it's in a different county, that's land that the district will have to pay property taxes on. Heck, if it has environmental problems, it could end up being an enormous liability.
Why do you think Stephens brought the district's attorney in for a dressing down? What did he say to the attorney? The answer seems obvious: "Look what a mess you made by not telling YOUR CLIENT'S BOARD about the deal you made."
Of course the Judge doesn't like this attention. But, does anybody really think he had the Wake Schools at the front of his mind? Reasonably, he wanted to find some way to allow Jim Black to get out of prison before dying. So, he decided to trade a fine for part of the sentence. The fact that the fine went to the schools was really only a side issue.
Amazing
Thu, 07/16/2009 - 18:54 — supportwcpssHow you will defend Ron at all costs. The golden boy can do no wrong. In this case it sounds like he ran his mouth before he knew anything. But at least he is consistent in that regard.
You people seem to love making a mountain out of a mole hill when it gives you an opportunity to discredit the school system.
Hey Archie Bunker
Fri, 07/17/2009 - 06:18 — Dadof3In a funny twist, you've got this backwards. Ron made a reasonable (and correct) statement about a public action by a public figure that was well within his legal right. The outrage here is coming from the bench, not the board. That the other board members shuddered in fear over abuse of judicial authority and ethics tells us all we need to know. Your knotted panties are the result of your animus,† not our fan-boy reflex (which I freely and proudly admit to, as Ron helps my family out by being the kind of Board member a board member should be; the least we can do is provide the man with our support in return.)
†(Oooh, rolling out the BIG words again! That's ME baby! Would a Wake County education solve that dilemma? Luckily, we have excellent, critical-thought-enabled teachers at our school, so no worries...)
seriously???????????
Thu, 07/16/2009 - 18:28 — AngelaW"It will be interesting to see whether a majority of board members distance themselves from Margiotta at Tuesday's meeting to stay on Stephens' good side"
'cause, yeah other board member's are ALWAYS on Ron's side.....puhlease......it's just another day in the mines for Ron I am sure....mountain meet molehill
isn't it a GA law that these fines go to WCPSS and not a judges' whim? or temper tantrum?
It's state law that fines go
Thu, 07/16/2009 - 18:33 — KeungHui (author)It's state law that fines go to school systems. But judges can decide not to issue fines in cases.
ok, thanks for clarifying
Thu, 07/16/2009 - 18:41 — AngelaWok, thanks for clarifying that for me.
Tsk, tsk, Ron
Thu, 07/16/2009 - 18:26 — Dadof3NEVER look a GIFT horse in the mouth, right?
The judge sounds a tad touchy. Maybe he'll sentence Ron hard time labor in Shoofly for speaking out of turn?
What a sad, sad joke.