Some call for Tracey Cline's resignation

December 14, 2011 4:56:20 AM PST
While Tracey Cline fights to keep a convicted murderer from getting a new trial, she's also fighting a battle of her own. Now, at least one attorney in Durham is publicly calling for her resignation.

Cline started making headlines earlier this year when she got into a much-publicized squabble with Superior Court judge Orlando Hudson. Cline accused him of malicious conduct against her and has sought to have him barred from hearing cases in Durham.

But that's not her only problem. She's scheduled to face another judge in a hearing over the filing of questionable court documents.

Cline's critics say the drama surrounding the D.A. has become a major courthouse distraction.

"It's hard to see how the court system can function and have the confidence of the community," said attorney Scott Homes. "I think she ought to resign."

By law, anyone can file court documents calling for a sitting D.A.'s removal. It's something Holmes says he's considered but is holding off on.

"I'm hoping the state bar will reach some conclusions ... also waiting to see what Judge Hardin does with her request for her documents," said Holmes.

Those documents were supposed to be the focus of a hearing Wednesday morning.

Cline has come under fire for requesting prison visitation records and defense attorney financial records in at least two cases pending in the court of appeals, which is outside her jurisdiction.

However, in the court motions obtained by ABC11, Cline says she no longer wants those records. It could be a possible attempt at damage control for an embattled D.A. facing a state bar investigation.

"It appears she's trying to remedy a mistake that she's made, which is a good thing," said Holmes. "It appears while trying to remedy one mistake; she may have made a couple more mistakes."

Holmes points out there are some glaring problems with these new motions the D.A. has filed ahead of that hearing set for Wednesday.

At last check, the Cline may not face a judge herself Wednesday because she's still tied up in the Michael Peterson case.

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