Nifong will again swear

On Jan. 2 Durham DA Mike Nifong will be sworn for his first full term. I posted concerning the event here.

Some of you have asked who may administer the oath to Nifong and just what the oath says.

I contacted Peg Dorer, Director of the North Carolina Conference of District Attorneys. She was very helpful and has provided the answers.

What you are about to read is copied from the State of North Carolina Judicial Branch of Government Human Resources Management Manual. The material is found under Employment and Records, Section 3E beginning on pg. 1.

Who May Administer An Oath of Office Pursuant with G.S. 11-7.1, “Except as otherwise specifically required by statute, an oath of office may be administered by:

• a justice, judge, magistrate, clerk, assistant clerk, or deputy clerk of the General Court of Justice, a retired justice or judge of the General Court of Justice, or any member of the federal judiciary; (Retired is defined as drawing benefits from the Consolidated Judicial Retirement System. The justice or judge must be retired and not just be a "former" justice or judge).

• the Secretary of State;

• a notary public;

• a register of deeds;

• a mayor of any city, town, or incorporated village;

• a chairman of the board of commissioners of any county;

• a member of the House of Representatives or Senate of the General Assembly;

• the clerk of any county, city, town or incorporated village.”

(As to the wording of the oath Nifong will take, you'll see below that he and other NC office holders actually take two oaths.

Neither Peg nor I know why that is. I hope there's someone out there who does.

As you read the oaths bear in mind they're the same oaths Nifong swore to when he was appointed to fill the remainder of the term of his predessor, Jim Hardin, when Hardin became a Superior Court Judge. John)

Pursuant to the North Carolina Constitution Article VI, Sec. 7 and G.S. 11-7, “…every person elected or appointed to hold any office of trust or profit in the State shall, before taking office or entering upon the execution of the office, take and subscribe to the following oaths:

I, ……………, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as …………………., so help me God.”

‘I,…………………, do solemnly and sincerely swear that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me God.’”

Those oaths are interesting reading, especially for those of us thinking about the possibilty U.S. Department of Justice officials will review DA Nifong's conduct with regard to possible violations of the constitutional rights of three clearly innocent young men.

Message to Peg Dorer: Thanks again for prompt, expert help delivered in a friendly spirt.