Black’s attorney asks judge to step aside for sentencing

RALEIGH (Winston-Salem Journal) - The federal judge scheduled to sentence former House Speaker Jim Black later this month should recuse himself, Black’s attorney said yesterday, citing the judge’s history in a legislative redistricting case.

Ken Bell, Black’s attorney, said that Judge James Dever III of U.S. District Court, while still a lawyer in private practice, sued Black and other state officials on behalf of Republican voters.

The lawsuit challenged the maps approved by the General Assembly for its own House and Senate districts.

Dever’s clients ultimately won much of the redistricting case, forcing Black and other legislators to redraw the districts.

If Dever sentences Black on May 18, Bell wrote, “it will appear to the public that Judge Dever will indeed have had the last word on the redistricting battle engaged in during his private practice.”

Bell provided a copy of his motion asking Dever to recuse himself to The Associated Press.

Dever didn’t immediately return a phone call yesterday requesting comment.