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- Monday, February 13, 2012
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By Shavonne Potts
spotts@salisburypost.com
A judge in a custody case involving a former sheriff’s candidate has asked another judge to decide if he should step down from the case.
District Court Judge Kevin Eddinger, who is running for re-election, has presided over the case involving Randall Correll, who is a Salisbury Police Officer, and his ex-wife, Elizabeth Correll.
Elizabeth Correll said since both Eddinger and her ex-husband were political figures, she was not likely to receive a fair trial. Through her attorney, Trippe McKeny, who filed in court documents, Elizabeth requested the case be transferred to Iredell County or that a different judge preside.
The Corrells share custody of their son, Zack, 4.
The custody was modified in a previous hearing where Randall was appointed as the primary decision maker of the child’s care.
Eddinger said in court Thursday that the proper course of action would be for him to “ask for another judge to determine if I should recuse myself.”
He referred the matter to Chief District Court Judge Charlie Brown, who can decide whether Eddinger should step down or have another judge decide.
Eddinger said later that court documents will indicate Elizabeth Correll alleges, through her attorney, there was some political consideration given to her ex-husband.
“But there was no political consideration afforded in this case or any case,” Eddinger said Thursday.
Court documents show Randall Correll is no longer in a political race.
Elizabeth Correll said she was only in court for the “best interest” of her son.
She said she believes it would be fair to change locations completely. She lives in Iredell County and has a practice in Mooresville, where she is a family and marriage therapist.
Randall Correll referred all comments to his attorney James Davis.
“We have complete faith in our judicial system and the officials therein. We believe the truth will prevail and the right result will occur,” Davis said.
As of late Thursday, Judge Brown had not made a final decision. According to court procedures, he only has to provide an answer within a reasonable amount of time.
Contact Shavonne Potts at 704-797-4253.
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