Mecklenburg Co. Magistrate Suspended Over Misconduct
CHARLOTTE- A shock to the judicial system Thursday in Mecklenburg County as news broke that Magistrate Robin Baxter Sabio was suspended with pay at the beginning of March.
Court record obtained by WCCB show she did not take the required courses for her role. Magistrates have six months to complete their course work. The court initiated action against Sabio at the six month mark.
According to the charges of misconduct complaint signed by Chief District Court Judge Elizabeth Trosch, Sabio only completed 21.25 of the required 27.75 credit hours. Sabio is also accused of mishandling money she dealt with in her role, failing to report for her scheduled shift, and making persistent and recurring errors.
High profit defense attorney George Laughrun tells WCCB’s Emma Mondo that the first judicial official that defendants see is the magistrate. They decide if there is probable cause to the arrest and they also set the bond for the defendant.
“Well, if she didn’t have the authority because she hadn’t finished the requirements to be a magistrate,” said Laughrun. “My argument is she’s not a magistrate. So what gives her the authority to do that?”
Records reveal that during that time, Sabio “failed to demonstrate a minimum level of competence in the performance of the duties of the magistrate.”
Laughrun says defense attorneys can use that line to their advantage.
“If I’m having a hearing before a judge, I would read that into the record. ‘Judge, during this period of time, she wasn’t competent and didn’t meet the legal requirements to be a magistrate. Ergo, if you’re not a magistrate, how can you be making these decisions?'”
Laughrun also says that now, all defense attorneys should back check to see if Sabio played a role in any of their cases.
“Not just going forward,” he said. “There may be some closed cases. If she has some entries, we may try to file if we had any and try to reopen.”
According to the Mecklenburg County court website, Sabio did have a bench trial on Wednesday morning. The report says that Sabio will be suspended until a final determination is made of the accusations against her.
