A May lawsuit filed by Cumberland County Sheriff Ennis Wright against State Auditor Beth Wood is on hold pending the results of Wood’s appeal to the North Carolina Court of Appeals, according to court documents.
Wright sued Wood in her official capacity and as an individual, claiming she began an illegal investigation of his office in the fall of 2022. According to the lawsuit, after receiving an anonymous tip, the Office of the State Auditor contacted the Cumberland County Sheriff’s Office in late October to meet with Wright.
Wright and his attorney, Ronnie Mitchell, have argued that the Office of the State Auditor does not have the authority to investigate the Cumberland County Sheriff’s Office because Wood’s purview is over state agencies.
Wood will step down on Friday after 14 years in office. She announced her resignation Nov. 9, two days after she was indicted on a misdemeanor charge of misusing a state vehicle by taking it to hair and dental appointments, stating, “I don’t want to be a distraction.” Jessica Holmes, a former Wake County commissioner, was appointed by Gov. Roy Cooper to take her place.
Court documents state that between Nov. 1, 2022, and March 8, 2023, Wood and her investigators had requested the following from the Cumberland County Sheriff’s Office:
According to court documents, Wright instructed his employees to provide Wood only with documents that would be available through public record requests and told Wood that he would not provide further documentation until she gave more details on the investigation. After months of back-and-forth communication, Wood’s office ultimately served Wright with a subpoena on March 8 for the requested records.
Mitchell responded with a letter a little over a week later reiterating his and Wright’s belief that Wood did not have the authority to investigate the Cumberland County Sheriff’s Office and asking to meet with Wood, according to court documents. She responded in early May asserting her authority to investigate the Cumberland County Sheriff’s Office and giving Wright a final deadline of May 19 for the records.
After a May 17 letter to Wood asking her to withdraw the subpoena and speak with him directly, Wright sued her in Cumberland County Superior Court nine days later.
According to an Oct. 24 agreement signed by Cumberland County Superior Court Judge Jim Ammons and lawyers for Wright and Wood, the case is on hold until the North Carolina Court of Appeals makes a ruling on an appeal filed by Wood in the suit. Wood’s appeal challenges an Aug. 29 ruling by Cumberland County Superior Court Judge Andrew Hanford denying her request to move the case to Wake County or dismiss the case on the basis of improper service.
It was not clear Wednesday if Wood had filed an appeal with the North Carolina Court of Appeals. Daniel Snipes Johnson, a special deputy attorney general, filed a notice of intent to appeal with the Cumberland County Superior Court on Sept. 26, according to court documents.
It is unclear if the suit will continue after Wood leaves office. Mitchell and the Office of the State Auditor did not respond to requests for comment Wednesday.
Lexi Solomon can be reached at lsolomon@cityviewnc.com or 910-423-6500.
