Moore County Clerk of Court Todd Maness appeared at a court hearing on Dec. 19 to answer a summons issued by Moore County District Court Judge Beth Tanner.
Maness was officially summoned on Dec. 13 to address concerns about a number of administrative issues that had allegedly gone unresolved. The initial order from Tanner accused Maness of contempt, citing two conditions: “failure to obey another order of the court” and “other criminal contempt.”
However, a Motion to Dismiss from Maness’ counsel states: “The show cause does not specifically identify the allegedly contemptuous act; the complaint of conduct or failure to act was not in violation of any valid order of the court; and the allegations do not allege facts to support each element of N.C.G.S. §§ 5A-11(a) (1), (2), (3), (6) of (7).”
The Motion to Dismiss goes on to challenge each accusation.
Additional concerns raised by Tanner included difficulties in scheduling court sessions related to issues with the organization of files, including the improper placement of medical and mental health records in public files, instances of files going missing and later reappearing, and other records accumulating without processing.
Both presiding Judge Gordon Miller and the Motion to Dismiss noted that no specific files were identified and that there is a current lack of evidence and witnesses.
Tanner also alleged problems with the service of records, citing instances where notices, such as the restoration of firearm rights, were not properly served, leading to re-orders.
Tanner singled out a case where an individual seeking restoration of rights appeared twice without resolution due to the lack of proper notice to the District Attorney’s office. However, according to the Motion to Dismiss, the “order references multiple ‘files’ but does not identify any,” and the date was never identified, either.
Maness’ failure to comply with court orders issued on Dec. 4 and Dec. 5, both pertaining to scheduling matters, was also pointed out by Tanner. She recounted that Maness instructed civil clerks not to deliver files as required by the court’s orders.
The Motion to Dismiss points out that only the chief district court judge may issue orders regarding the arranging of schedules and arranging calendaring and that these duties have not been delegated to Tanner.
An affidavit of the Honorable Don W. Creed, chief district judge, was attached with the motion, confirming that Creed did not have in his possession “any written orders, documents, or communications to any person demonstrating delegation of the chief district judge’s authority.
Tanner recused herself from the hearing. Due to a series of miscommunications and internal issues, Tanner was not initially present at the beginning of the hearing and arrived late without legal representation.
Miller asked both parties to work it out for the good of the county and ruled the hearing must be recessed and continued on Feb. 13, 2024, at 9:30 a.m., allowing both sides to provide witnesses, concrete evidence, and Tanner must have a legal representative.
~Written by Sandhills Sentinel reporter Abegail Murphy.
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