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Murphy – Local attorneys believe a newly elected judge will have to recuse himself from cases involving a well-known lawyer due to conflict within the Cherokee County Republican Party.
County GOP officials passed a resolution Thursday asking N.C. Republican Party leaders to determine whether prior alleged actions by local attorney Leo Phillips rise to the level of “party disloyalty.” If state Republican leaders deem it so, the resolution asks them to “take the strongest possible actions pursuant to the North Carolina Republican Party Plan of Organization.”
Party disloyalty is defined as “any registered Republican attempting to influence or influencing the outcome of any election against a Republican candidate or Republican endorsed by the appropriate Republican Executive Committee or Legislative Caucus, other than by supporting an opposing Republican Candidate in a Republican primary.”
The guiding document says a Republican found to have engaged in party disloyalty may be declared “ineligible to serve in any office under the Plan of Organization for a period of time between six months and five years.” The Plan of Organization implies the ineligibility would only apply to offices within the county, district or state Republican Party, not elected – or public – offices, which are decided by the citizenry.
As an at-large member of the District 11 Republican Party, Phillips serves on the N.C. Republican Party Executive Committee.
The Cherokee County Republican Party adopted the resolution because of three alleged actions by Phillips that local GOP officials deemed to be disloyal. The resolution accuses Phillips of placing a campaign sign supporting Justin Greene, the Democratic candidate for district judge, in his yard prior to the Nov. 3 general election.
County GOP officials also accuse Phillips of sharing Facebook posts touting endorsements Greene received during the race. The resolution further alleges that Phillips told a GOP volunteer that Kaleb Wingate, the Republican candidate for district judge, “was not qualified and did not have the experience” that Greene has.
Wingate defeated Greene for a District 30 judgeship by earning 65.20 percent of the vote. His four-year term begins Jan. 1. In a purported email dated Nov. 9 from Wingate to Aubrey Woodard, chairman of North Carolina’s 11th GOP Congressional District, the judge-elect expresses concern about Phillips’ alleged support for Greene.
“I would ask that the 11th District take appropriate action to protect future candidates,” Wingate wrote.
The Cherokee Scout spoke with several local attorneys, who all said Wingate’s email raises questions about whether he could remain impartial while deciding cases that involve Phillips. Wingate did not respond to a message seeking comment on the matter.
“I absolutely believe he now has to recuse himself,” said Rich Cassady, who is representing Phillips in his fight to remain on the state Republican Party’s executive committee. “It’s just a matter of whether he’ll do it of his own volition, or if he’ll be forced to do it by some action filed by Leo.”
It would be best for this matter to be resolved before Wingate assumes the bench, Cassady added.
“The standard is based on whether a reasonable person would believe that this could question his impartiality,” Cassady said. “It would be best if someone got in Kaleb’s ear and said, ‘You should recuse yourself from Leo’s cases.’ The worst possible time to bring this to a head would be at a trial.”
At the Cherokee County Republican Party Executive Board meeting Thursday, officials disclosed that “multiple complaints” had been made against Phillips. After seeking guidance from district and state leadership within the party, county GOP members present at a meeting in November unanimously voted to move forward with a resolution charging Phillips with disloyalty.
While arguing Phillips’ side of the story last week, Cassady said the sign supporting Greene had actually been placed in the yard by Jim Faasse, who is co-owner of the property. However, local GOP officials determined that defense was not relevant because Faasse is not registered to vote in North Carolina and has no vested interest in supporting any candidate running for office locally.
“Mr. Faasse is not under the thumb of Mr. Phillips,” Cassady told local GOP leaders. “To suggest that Mr. Phillips should make his spouse of many years do what he says because he’s been told [to do so] by the Republican Party goes against the very principles of private property. …
“Mr. Faasse can endorse anybody he likes. There were also other signs on that lawn that Leo had put there for Republicans.”
Regarding the Facebook posts, Cassady argued that Phillips had shared the announcements as a way to promote his radio show and various guests on the program, which included Greene and several Republican candidates for office. However, the GOP board found that defense to be irrelevant because the Facebook posts did not mention Phillips’ radio show or Greene’s appearance on it.
“That radio show is probably the only thing special about the Cherokee County GOP because it allows someone like Madison Cawthorn to call and reach an audience of thousands instead of driving four hours round-trip to speak to an audience of tens,” Cassady said.
“He did not endorse Justin Greene, he advertised that he was interviewing Greene to get people to listen for the purpose of hiring Leo down the road. Leo’s particular style of advertising his business is a half-hour radio show that he also uses to promote Cherokee County, county Republicans and Republicans across the state.”
While Phillips disputed the third action listed in the resolution, Cassady criticized the absence of the person who relayed the accusation about Wingate not being qualified for a district court judgeship. He also argued that even if Phillips had said Greene was more qualified for the position, he was doing so from a position of fact.
GOP leaders determined that saying a Democrat is more qualified constitutes advocacy against a Republican candidate.
“Even during the Salem Witch Trials, those accused of witchcraft got to face their accuser,” Cassady said. “Kaleb was a district attorney in district court for over four years and then left the District Attorney’s Office, took some appointed work and then pretty much shut his practice down to campaign. Justin has worked in district court and family law for 15 years.
“You don’t have to support Justin or not support Justin to realize that one candidate has more experience than the other.”
After the arguments, county GOP executive board members voted 8-1 in favor of the resolution asking state officials to determine whether Phillips’ actions rise to the level of party disloyalty. Brenda Brown, Jeff Clark, Brittany Davis, Judy Edwards, Chair Bennie Jo McKinnon, Vic Sanders, Cassie Smith and Hugh Williamson each voted in favor of the resolution.
Don Fouraker, who voted against the resolution, said while he believes Faasse “has the right of free speech to erect this sign [supporting Greene], I think with Mr. Phillips’ current position with the Republican Party that he probably should have exerted some degree of influence over the placement of that campaign sign.”
State GOP officials may determine Phillips was not disloyal to the party. Even if so, this matter is not over between Phillips and Wingate.
“Leo still has to protect his clients’ interests,” Cassady said about the fact that Wingate could preside over a case where Phillips represents a defendant. “It isn’t about Leo, it’s about his clients.”