State v. Fearns Finds Second Judge Lacked Authority to Enter Order When Hearing Was Held by First Judge

A few weeks ago, I wrote about the circumstances in which one judge may pick up case-related duties that another judge is unable to complete. Yesterday, the court of appeals decided a case in this area, determining in State v. Fearns, COA23-650, ___ N.C. App. ___ (2025), that a judge lacked authority to enter an order denying a defendant’s motion to dismiss when the hearing on that motion was held by another judge. This post will discuss Fearns. Facts. The defendant in Fearns was charged in 2019 with embezzling funds more than ten years earlier from the law firm where she then worked. The alleged criminal activity had been reported in 2008, but for various reasons there was a significant delay in the filing of charges. Eight months after she was indicted, the defendant moved to dismiss the charges for failure to timely prosecute. The motion was heard on January 24, 2020 before a superior court judge (Judge A), who orally denied the motion, instructing the State to draft a written order. Judge A stated on the record that, while the defendant was prejudiced by the delay, he was denying the motion because there was no indication that the delay was deliberate or unnecessary. No written order had been filed by the time Judge A retired on October 1, 2020. On September 13, 2021, Judge B filed an order denying the defendant’s motion to dismiss, with a notation that the order was being issued by Judge A and signed by Judge [...]