MERCER OFFERS TO RESIGN AS CHIEF JUDGE

Norelli Back In Criminal Court Amid Uproar Over Her Transfer, Police
Complaints

Judge Fritz Mercer has told judges he plans to offer his resignation
as Mecklenburg's chief district court judge following sharp criticism
of his decision to remove Judge Nancy Norelli from criminal court in
part because of complaints from police.

In a memo Thursday, Mercer informed Mecklenburg district judges that
he has returned Norelli to criminal court.

Mercer also said in the memo he intends to meet with N.C. Supreme
Court Chief Justice Sarah Parker in the coming week and will tender
his resignation as chief district court judge if Parker feels that is
appropriate. He would remain a district judge.

Mercer, chief district judge since 2003, told the Observer last Friday
that complaints from police about Norelli played a role in his
decision to remove her from criminal court and reassign her to family
court. In their complaints, police criticized Norelli's decisions to
dismiss charges and acquit defendants in cases involving drugs, guns
and drunken driving. In his memo to the judges Thursday, Mercer wrote:
"Today, I have returned Nancy Norelli to criminal court where she has
served with distinction for nearly seven years.

"Her assignment to family court and the unfortunate characterization
of that reassignment by the media has called into question the
independence of the judiciary and that cannot be allowed to stand."

Mercer wrote that Norelli's commitment to fairness and careful
application of N.C. law has never been in question.

"The firestorm caused by Judge Norelli's reassignment was initiated by
casually delivered and incomplete remarks on my part to the Charlotte
Observer and I take full responsibility," Mercer wrote. "The entire
group of District Court judges acknowledges Judge Norelli's reputation
for fairness and competence and they are in agreement with this
decision. We have pledged to work together to restore confidence in
the judicial system."

Reached late Thursday, Norelli declined comment. She told the Observer
last week that she has tremendous respect for police officers. She
said she knows the law and tries to do what's right in her courtroom.
"The police have their job to do, and as a judge, I have my job to
do," she said. "Police officers and judges do not always see eye to
eye. "I put my heart and soul in that courtroom. I try hard to listen
and to treat everyone fairly."

Mercer couldn't be reached for comment late Thursday.
Charlotte-Mecklenburg police Maj. David Graham told the Observer last
week he had heard numerous complaints from officers about Norelli and
started collecting details early last year to determine whether a
problem existed. "It is highly unusual for us to go to this length,"
Graham said then, "but our officers are out there risking their lives
and working hard and cases are being dismissed that shouldn't be
dismissed." Graham could not be reached Thursday night, but a police
spokeswoman said it would be inappropriate for the department to comment.

Assistant District Attorney Bruce Lillie, who heads the team that
prosecutes District Court cases, said last week he'd heard a lot of
complaints from officers about Norelli and some prosecutors were
frustrated with some of her rulings. Lillie said he met with police to
talk about their concerns. He also helped prosecutors prepare to
address the judge if they felt she was making a decision contrary to
law. But Lillie said his office did not go to Mercer with concerns.
Lillie declined comment Thursday night. Mercer has come under fire for
his decision to reassign Norelli and been criticized for succumbing to
pressure from police. One defense lawyer called Norelli's removal from
criminal court "disgraceful." Letters to the editor published in the
Observer criticized police and Mercer and praised Norelli. "When did
the word of police become law?" one letter writer asked. Another wrote
that Mercer should be removed from his position. On Thursday, 16
district judges, including Mercer, wrote the Observer supporting
Norelli "for her dedication and commitment to the administration of
justice throughout her tenure on the bench."

"While we judges are regularly transferred to different assignments in
district court, we believe that transferring a judge based solely upon
criticisms from one agency or party is unjustifiable," the judges'
letter said. In a letter to the Observer dated Monday, Mercer wrote
that he reassigned Norelli and another judge to family court because
he needed "two strong individuals" to replace judges in that area.

"Every judge that I reassign has strong points and weak points," he
wrote in the letter. "This is simply a fact of life. To infer that
Judge Norelli was reassigned on the basis of complaints from police
officers is not correct." He wrote that Norelli had spent several
years in criminal court and was set to be reassigned to another area.

"Every three or four years I rotate my judges based upon their
experience, or lack of experience, in a particular area so that we can
have well rounded judges who can handle a variety of courts on any
occasion," Mercer said. As part of the reassignment process, Mercer
wrote, he talks with other judges, district attorneys, court
counselors and others who can give him insight into a judge's
abilities that is not readily apparent from his observations of the
judge in court.

Mercer then explained why he reassigned Norelli. "I needed someone
with a strong civil background for family court," Mercer wrote. "This
is a factor that would be weighed along with all of the other comments
and appraisals. To infer that this single factor resulted in her being
removed from criminal court is simply not correct. "I had two highly
competent judges who were transferring from family court (Nate Proctor
and Bill Constangy) and I needed two strong individuals to replace
them in that area. Those were the reasons that Nancy Norelli and Todd
Owens were transferred to family court."

Mercer then praised Norelli's work. "Judge Norelli has labored and
thrown all of herself into her work in every courtroom," the chief
judge wrote.

"She is known for her patience and her ability to listen fairly to
both sides of an argument before making her decisions.

"As judges, we know that you simply cannot make everyone happy in a
courtroom. Judge Norelli, in her time on the bench, has ably handled
well in excess of 100,000 cases. The Observer should look back and
praise her for all the hard work that she has done over the years."

Staff Writer Melissa Manware contributed.