Resident Superior Court Judge Brenda Branch Thursday signed two orders related to the civil lawsuit filed by former Roanoke Rapids police Chief Bobby Martin against the city and other parties for what he claims is his wrongful termination.
The two documents include a consent protective order and one recommending judicial appointment for an exceptional case.
Consent protective order
This order is related to potential confidential employment information and confidential law enforcement records that may come to light in the course of discovery. “Counsel for the parties have deemed it to be in the best interest of both parties to facilitate the discovery process by agreeing to maintain such information as confidential and to restrict the dissemination of information …” the document says.
This includes information and documents made confidential by state law; all records of criminal investigations conducted by public law enforcement agencies; any documents or information contained in a personnel file with the exception of those that constitute a public record; and any documents of a medical nature.
Judicial appointment for an exceptional case
Branch noted in this order that she recommended that the chief justice of the North Carolina Supreme Court assign Superior Court Judge Timothy Wilson for all pretrial and trial matters in the case.
Wilson was appointed a Nash County superior court judge in December of 2022 by former Governor Roy Cooper, according to a press release issued at the time. Wilson filled the vacant seat created by the retirement of Quentin Sumner.
Before the appointment, Wilson was a partner at Poyner Spruill LLP.
As a private practice litigator, he has over 25 years of experience in the courtroom.
He also served as a Teach for America corps member where he taught high school math. Wilson earned his Bachelor of Science at Duke University and his Juris Doctorate at University of Georgia School of Law.
The motion for this order says appointing one judge to preside over all proceedings will promote the efficient administration of justice.
"The case involves current and former members of the Halifax County and city of Roanoke Rapids law enforcement, educational, political, and legal community who are well known by the judiciary in this district. The relationships presented will likely cause conflicts of interest requiring local judges to recuse themselves from hearing this matter."
The motion says the case will have complicated pretrial procedural issues "and the appointment of a single presiding judge will promote the efficient administration of justice. It is expected that the defendants' respective motions for summary judgment will raise important legal defenses and will require an in-depth analysis of a voluminous factual record."
The motion also says, "If this case proceeds to trial, the parties (and the jury) will benefit from having a trial judge who is well versed in the facts and legal arguments in the case."
The motion notes that the parties agree to waive venue in Halifax County so pretrial motions can be heard at the designated judge's convenience.
The issue
At issue in the case is Martin’s contention that his termination by City Manager Kelly Traynham was malicious and corrupt.
He says it was motivated by personal desire to protect a department head, protect her advantageous political connections with the department head and other local politicians to retaliate against him for following legitimate and valid actions.
Named as defendants in the lawsuit, which was filed on June 28 of last year in Halifax County Superior Court are the city, Traynham in her individual and official capacities, Richardson and Davis Investigative Consulting Group and Richardson, Davis and Forest Investigative Consulting Group.
The consulting group investigated allegations of policy violations which led to the firings of Martin and his second in command — Captain Jamie Hardy — in April of 2023.
