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Bill Belk's resignation from his judgeship apparently won't prevent an effort to have him formally removed from the bench - and barred from serving as a judge again.
The director of the N.C. Judicial Standards Commission wouldn't comment Monday on what might happen with misconduct charges against Belk, who resigned his post as a Mecklenburg District judge Friday.
But, in general, commission director Paul Ross said: "A judge's resignation will not impede the commission in the fulfillment of its duties."
The commission can't make public any recommendation for discipline against a judge until at least 10 days after that judge receives notice. Belk had until 5p.m. Monday to object, which likely would delay the commission's action.
But Belk disclosed Oct. 28 that the commission planned to ask the N.C. Supreme Court to remove him from the bench. If that happens, Belk could not serve as an N.C. judge again.
Belk was charged with violating the N.C. Code of Judicial Conduct by continuing to serve on the boards of directors of two businesses while in office, and for his behavior during a heated confrontation with Mecklenburg Chief District Judge Lisa Bell.
Belk, 60, declined comment Monday, calling the Observer's coverage of his troubles "ugly," "biased" and "one-sided."
"I've resigned," he said, "so there's nothing to talk about."
He has denied violating the conduct code for judges and suggested that he has been targeted because of his calls to reform the state's justice system.
At least two Charlotte lawyers - Ben Thalheimer and Rick Winiker - have already announced they will seek to fill the remaining three years of Belk's term. The Mecklenburg Bar will hold an election, possibly within six weeks, to recommend three potential replacements. Gov. Bev Perdue will appoint the new judge.
Belk, the grandson of the founder of the Belk department store chain, ousted Thalheimer from the bench in last November's election. Judge Thalheimer had ruled against Belk in his drawn-out divorce case, awarding Belk's ex-wife 52 percent of the $4.9 million in divisible assets, including $1.6million in cash.
Thalheimer wants to re-capture the judgeship Belk took away from him.
"The bulk of my professional legal career has been as a public servant to the people of Mecklenburg County," Thalheimer, 56, said. "It is my strong desire to return to this service."
Thalheimer served more than five years as a district court judge and 10 years as a magistrate.
Winiker, 43, is a Charlotte native and served as a Mecklenburg County assistant district attorney from 1995 through 1998. He then became a federal prosecutor in Spokane, Wash. He now practices law in Charlotte.
"As a trial attorney for over a decade, I am well aware of the pressing issues my colleagues and court staff face every day in district court," Winiker said Monday. "The citizens of Mecklenburg County deserve a qualified judge who will treat the office and litigants with impartiality, dignity and respect."
