JUDGE SENT TO NEW JOB AFTER COMPLAINTS

Officers' Remarks About Norelli Were a Factor, Chief Judge Says

After complaints from Charlotte-Mecklenburg police about her rulings,
District Judge Nancy Norelli has been removed from criminal court and
reassigned to hear divorce, child custody and child support cases.
Chief District Judge Fritz Mercer told the Observer on Friday the
complaints played a role in his decision to move Norelli to family
court last month. Officers had questioned Norelli's judgment in
dismissing charges and acquitting defendants in cases involving
drugs, guns, drunken driving and assaulting police officers.

Norelli, 56, responding to the complaints, said she tries to do
what's right in her courtroom and she knows the law.

"I regret that some police officers disagree with my rulings to the
extent that it has become a departmental issue," she said. "The
police have their job to do, and as a judge, I have my job to do.
Police officers and judges do not always see eye to eye, but the
system is designed to provide fair and equal treatment under the law."

Norelli, who said she didn't know until Friday that police complaints
had anything to do with her reassignment, acknowledged that she's
made mistakes over the years, but called the criticism from police
"hurtful." But the judge quickly added: "I stand behind my
decisions." It is unusual for a judge to be moved because of
complaints against him or her, and some lawyers worry the decision
could have a chilling effect on judges, who are supposed to be
independent and shielded from outside pressure. Keeping track of
complaints Charlotte-Mecklenburg police Maj. David Graham said he
heard numerous complaints 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, "but our
officers are out there risking their lives and working hard... and
cases are being dismissed that shouldn't be dismissed."

On Friday, the Observer obtained copies of e-mails police officers
sent to Graham. Officer Jeff Wheaton wrote that he'd been assigned to
Judge Norelli's courtroom for three years and had seen the judge
dismiss many drug and gun cases. "I feel that I have tolerated this
too long and request a different courtroom," the officer wrote. "I
take great pride in my career and the work that I do with CMPD, and
am tired of seeing all of these efforts wasted away." Among other
e-mails, officers complained that Norelli: Dismissed charges of
resisting arrest and assault on an officer, after saying police
lacked probable cause for stopping the suspect's car. The officer
said he stopped the car because it fit the description given by a 911
caller about a burglary.

"Imagine if this was a homicide case ...and we got the suspect,
weapon, and fruit of the crime, and the judge threw the case out
based on a 911 call being hearsay and not enough reasonable suspicion
to stop the vehicle," Detective Stephen Parker wrote.

Found a defendant not guilty of possession of marijuana even though
an officer said he saw the man smoking what appeared to be marijuana,
smelled it on him, and found a burning marijuana cigarette on the
ground where he'd been standing.

Refused to hear from an officer who said he had information about a
suspect lying on the stand. Norelli acquitted the man, who was
charged with carrying a concealed weapon and resisting an officer.
"This is disturbing to me because I risked my life to fight a suspect
with a gun, who if I had not gotten him away from it and secured him,
could have used it on me," Officer Charles Gunter wrote in an e-mail.
On Friday, Norelli said it was inappropriate for the officer to
approach her at the bench. No witness, she said, is permitted to
approach after a case has been completed.

"If he had concerns that a witness had committed perjury, he should
have taken that up with the assistant district attorney," Norelli
said. The judge didn't recall the other two cases and said it's
impossible for her to know now whether the e-mails accurately reflect
the evidence presented to her in court and why she made her decisions.

"I did what I thought was right at the time," she said. Complaints a
factor Mercer told the Observer he likes to reassign judges every few
years so they learn about different types of laws, but acknowledged
the complaints were part of his decision to move Norelli.

"It's not unusual for police to complain about judges," Mercer said.
"But they don't generally come to my office to complain." Assistant
District Attorney Bruce Lillie, who heads the team that prosecutes
District Court cases, said Friday 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.

Norelli has never been disciplined for misconduct, said Paul Ross,
executive director of the N.C. Judicial Standards Commission. Ross
said complaints against judges are not public unless the commission
brings formal charges. Norelli, a former head of the Mecklenburg
County Bar, said she was shocked to hear about the police complaints
and surprised Mercer had not told her about them.

She has been a judge since 2000. Before the judgeship, she ran her
own law firm, working in general practice, helping people with issues
like child custody and estate planning.

In 1977, she became the first female lawyer at one of Charlotte's
better-known firms: Smith, Helms, Mulliss & Moore -- then Helms,
Mulliss & Johnston. In 1986, she became a partner at Kennedy,
Covington, Lobdell & Hickman, one of the first women to reach that
milestone at a major uptown firm. Worry about 'chilling effect'
Defense attorneys James Gronquist and Theo Nixon worry that Norelli's
removal from criminal court will have a chilling effect on other
judges. "Judges should be deciding cases based on the law -- not
worrying about politics and special-interest groups," Nixon said.

Gronquist said Norelli's removal from the criminal court is
"disgraceful." The defense lawyer said Mercer should not have
succumbed to pressure from the police and reassigned her.

Nixon praised Norelli. "I think Judge Norelli is an honorable, fair
and impartial judge. She treats everybody fairly. If police don't
follow the law, she acquits or dismisses cases -- as she should."
Norelli said she has a tremendous respect for police officers and
recognizes the dangers of their jobs.

"I like to think defendants aren't always the losers," the judge
said. "I listen to both sides. That's what fairness is about in our
criminal justice system. I put my heart and soul in that courtroom. I
try hard to listen and to treat everyone fairly."

"Does everyone go away happy? That's not possible."