Court clerk thrown out of office argues (again) for re-instatement

The former Franklin County Clerk of Court, who was removed from office by the court in 2020, is trying once again to get her job back.

The key question is whether her conduct warrants losing her elected position.

In 2020, WRAL Investigates reported that Chastain had inserted herself in a local property dispute outside her jurisdiction.

That interaction and various other allegations of misconduct beyond her role led to a hearing and eventually a judge's decision to remove her from office.

Chastain appealed and the court remanded the case back to Judge Tom Lock. He revised his ruling, but still barred Chastain from office.

On Wednesday, both sides went back to the Appeals Court and battled over whether removal was too harsh for conduct that never led to any criminal charges.

"These acts don't seem to rise to the level" of other cases, Judge April Wood said. "Are you aware of any case you can base your position on that these acts in and of themselves were egregious enough for the clerk to be removed?"

Attorneys had no real answer to that question.

The Appeals Court is expected to issue a ruling in the next few months.

Last November, Chastain asked Franklin County voters to give her clerk job back, but she lost a close election.