Judge Rules Wright by Joel Raupe

One of two legislative ethics committees will begin hearing from witnesses, Monday, as deliberations continue over a single question: Is Thomas Wright "eligible" to serve in the North Carolina House of Representatives? North Carolina's Constitution gives both the N.C. House and Senate the right to determine "the eligibility of its own Members."

In the past, courts have interpreted the clause broadly, daring not to trespass over the "separation of powers." This pattern was held up in Wake County Superior Court on Thursday afternoon as committee chairman Rep. Rick Glazer (D-Cumberland) and co-chairman Rep. Paul "Skip" Stam (R-Wake) looked on. Rep. Wright, who faces criminal trial in Wake County in mid April, had filed suit seeking to enjoin Ethics Committee hearings from continuing their deliberations Monday and claiming reports of what is said and revealed in those hearings would decreased his likelihood of receiving a fair trial.

Wright has also filed for re-election, though the State Board of Elections had previously suspended activity by his campaign committee.

The court ruled against Wright, saying Rep. Wright had sufficient constitutional protections and, regardless, the courts had no authority to direct another branch of government in the performance of Legislative constitutional prerogatives.

Unlike the criminal trial, the House select ethics committee can only recommend whether Wright be declared "ineligible" to serve or not. If the committee ultimately determines Wright not to eligible, they may recommend that he then be expelled.

Some believe Wright may face censure, as some other Members of the House have in the past. Speaker Joe Hackney (D-Orange) has asked for Wright's resignation, which would instantly put an end to the House proceedings, though the criminal trial would continue. If Wright is found guilty in the criminal matters referred to the courts by the State Board of Elections and in a trial sought by Wake County prosecutor Colin Willoughby, he would become a felon and would automatically become ineligible for re-election.

Regardless of the outcome, if re-elected Wright might well be refused a seat at the beginning of the 2009 General Assembly next January.