If reelected, how do charges affect Tiawana Brown’s service on Charlotte council?
Depending on how things shake out in court, representation could get messy for west Charlotte’s City Council District 3.
Councilwoman Tiawana Brown is running for a second term while facing two indictments on felony fraud charges. She hasn’t been convicted in connection with the recent charges, and a ruling won’t happen until after the Sept. 9 primary election.
Brown can serve without problem if she is found not guilty of felony charges. Her next court date is scheduled for Oct. 23.
A person can run for and be elected to office even if they are indicted. But under the North Carolina Constitution, they become disqualified from holding office once found guilty of a felony. A convicted council member must vacate their seat.
When exactly they have to resign is an unsettled question, according to Robert Joyce, a law professor with the University of North Carolina School of Government. An officeholder might be disqualified the moment a trial judge imposes a sentence, or maybe they could continue serving until after they’ve exhausted the appeals process, he said.
“No North Carolina appellate decision answers that question,” Joyce said. “I think the likely answer is that the disqualification attaches at the time that judgment is entered.”
Waiting on the appeals process “seems too late,” Joyce said, but a new problem could arise if a conviction is overturned on appeal. There is “no practical way” to return an elected official to office if they’ve already been removed.
Who is Tiawana Brown?
Brown and her two adult daughters were indicted this spring on charges of wire fraud conspiracy and wire fraud used to falsely obtain pandemic relief loans.
Federal prosecutors allege Brown used the money to purchase items from luxury brand Louis Vuitton and throw herself a $15,000 birthday party that included a throne and a horse-drawn carriage. A second indictment alleges she and her daughters used fake IRS forms and lied on loan applications.
In a statement shortly after the indictments, Brown said she “characterizes (the charges) as a political attack and a deliberate effort to interfere with her re-election and silence her voice.”
Brown did not respond to an email or phone request for comment on this story.
Brown faces several primary challengers this year. Former Councilman Warren Turner, who served District 3 from 2003-2011, is taking on Brown for the second consecutive cycle in hopes of reclaiming his seat on council. Community activist Joi Mayo, who leads a nonprofit in the Nations Ford area, is also running.
Montravias King will appear on the ballot, too, but he suspended his campaign in August after failing to secure a key endorsement from the Black Political Caucus of Charlotte-Mecklenburg. He threw his support behind Brown after exiting the campaign trail.
The primary winner will compete against Republican James Bowers in the November general election.
What happens if Tiawana Brown is convicted?
The “proper response” for an officeholder is to resign if convicted, Joyce said, but they could refuse. There is not a statutory procedure for how a city council should remove a member in this situation, he said.
Joyce said he thinks council should receive an official statement from the court that a conviction occurred then vote — alongside the convicted member — to declare a vacancy.
From there, council would proceed with the normal process to fill a vacancy. That involves opening applications to the public and conducting interviews before council votes to appoint someone to serve the remainder of the term.
“This is a practical answer grounded in common sense and convenience,” Joyce said.
A person’s right to hold office is restored once they serve all aspects of their punishment.
