THE VIRGINIAN-PILOT  
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Sunday, May 7, 1995                    TAG: 9505070051
SECTION: LOCAL                    PAGE: B1   EDITION: NORTH CAROLINA 
SOURCE: BY PAUL SOUTH, STAFF WRITER 
DATELINE: MANTEO                             LENGTH: Medium:   60 lines

TILLETT WON'T HEAR MANTEO BOARD CASE THE SUPERIOR COURT JUDGE SAYS SOME MIGHT QUESTION HIS MOTIVATION IF HE RULED ON THE DISPUTED COMMISSIONER SEAT.

The end of the 17-month legal tussle over a seat on the Manteo Board of Commissioners apparently will be delayed again after the judge slated to hear the case recused himself.

Dare County Superior Court Judge Jerry Tillett informed attorneys for Manteo Commissioner Rocky B. Midgette and challenger Dellerva Collins that he was taking himself out of the case.

A hearing had been scheduled for 9 a.m. Monday to decide whether the Dare County court would hear arguments in Collins' efforts to win a disputed seat on Manteo's governing body.

In February, Collins filed a motion in Dare County Superior Court in an effort to remove Midgette from the town's six-member governing board. Last month, attorneys for Midgette filed a motion to dismiss the action, arguing that it was not filed within the 90-day statutory limit required by law.

``I know Rocky and I know Dell,'' said Tillett, contacted at his home Friday afternoon. ``I have relatives on both sides in this case who have strong opinions about how this case should be decided. But this case is going to turn on a legal issue, and not on emotions or anything else. If I heard the case, there would be a segment of the population who would wonder if I ruled the way I did for some other motivation. That would be bad for the entire legal system.''

Tillett said that because the First Judicial District is small in population, judges are faced with the recusal issue almost daily.

``I had a situation last week in Currituck County where I refused to recuse myself,'' he said. ``But in this instance, I felt it was in the best interest of the parties, the community and of the legal system to step aside.''

Tillett said attorneys are considering moving the case to Raleigh, where a Wake County Superior Court judge would hear the case.

``It's something we talked about,'' Tillett said. ``I think it would be best to have a judge who didn't know the history of the community and the individuals involved. As I said, the issue to be decided here is a legal one, and any emotions or anything else should not be considered.''

Collins expressed dismay that there would be yet another chapter in this saga of legal wrangling.

``I don't know what to think,'' she said Friday. ``Every time you turn around, it's something new. It's like a soap opera.''

Midgette could not be reached.

In December the North Carolina Court of Appeals ruled that the North Carolina Board of Elections erred when it awarded 36 blank absentee ballots to Midgette in the four-candidate race for three seats on the Manteo board.

The appeals panel ordered the elections board not to count the 36 ballots, which would make Collins the winner.

No date for a new hearing has been set. ILLUSTRATION: Photo

Dellerva Collins wants Rocky B. Midgette off the Manteo Board.

by CNB