Orange County NC Website
Browse       Search
J ; 'I <br /> COLEMAN,BERNHOLZ AND DICKERSON <br /> ATTORNEYS AT LAW <br /> CHURTON STREET <br /> COLE <br /> ATONED ES MAN,JR HII L513GROUGH,NORTH CAROLINA 27276 CHAPEL HILL.OFFICE <br /> STEVEN A.BERNHOLZ 919 737,2196 Sum 28,FRANKLIN BUILDING <br /> ROGER A,IIEI1NHOL2. 914 442 8806 137 EAS`Y FRANKLIN STREET <br /> OONALO R DICK£RSON CHAPEL HILLILL„NORTH CAROLINA 27514 <br /> GEOFFREY E.GLEDHILL February 20, 1979 919929.7151 <br /> DOUGLAS HARGRAVE <br /> MARTINJ BERNHOLZ LEGAL CLINICS <br /> PATRICIA STANFON€?HUNT 1 ADMINISTRATFVE OFFICE <br /> Ot Ca .I <br /> 136 EAST ROSEMARY STREET <br /> DONNER D SAWYER <br /> CNAPLL HILL.NORTH CAROLINA 27514 <br /> (1982 1972) 919 929 0394 <br /> Mr. Richard E. Whitted, Chairman <br /> Ms. Anne Barnes <br /> Mr. Norman Gustaveson <br /> Air. Norman Walker <br /> Mr. Donald Willhoit <br /> Re: Legal Responsibility of the Orange County <br /> Board of Commissioners in Conjunction With <br /> The Flag Burning Incident That Occurred in <br /> Chapel Bill on January 28, 1979 <br /> Dear Commissioners: <br /> I have reviewed all of the available facts <br /> concerning the referenced incident for the purpose of assessing <br /> your legal responsibility. it is my opinion that respon- <br /> sibility for investigation and prosecution, if warranted, <br /> of persons involved in this incident lies with the District <br /> Attorney of our Judical District. North Carolina General <br /> Statute g7A-61 prescribes that the District. Attorney shall <br /> prosecute in the name of the State all criminal actions <br /> requiring prosecution and advise the officers of justice in <br /> his district. The District Attorney is an elected official, <br /> as you know, and is the judicial officer with responsibility <br /> to protect the State's interest in all criminal matters. <br /> Enclosed is a copy of a letter dated February 7, <br /> 1979 from Mr_ Wade Barber, Jr., our District Attorney and <br /> directed to Mr. Stuart Barbour. Mr. Stuart Barbour requested <br /> that Mr. Wade Barber look into the incident and take whatever <br /> action appropriate. For the reasons stated above I think the <br /> only appropriate action by the County Commissioners would be <br /> to make available to those concerned the letter from the <br />