An appeal from Gerald Cannon, who was appointed Anson County sheriff for a single day in December 2022 before county commissioners reversed the decision, has been rejected by the North Carolina Court of Appeals. The appellate judges ruled 2-1 that Cannon was not lawfully appointed to the position in a special December 2022 meeting.
The vacancy came after the death of Anson Sheriff Landric Reid in September 2022. Following Reid’s death, chief deputy Scott Howell was appointed by county commissioners to serve the rest of Reid’s term. However, voters re-elected Reid, creating a vacancy in the sheriff’s office.
The Anson Democratic Party selected Cannon to succeed Reid on December 3, believing that they had the authority to recommend a replacement based on the statute. However, on December 5, county commissioners met in a special session and appointed Cannon as sheriff, with only four out of seven commissioners present.
Despite a legal challenge from Cannon, the trial court ruled in favor of Anson County, stating that Cannon’s appointment was not valid due to the lack of public notice and a proper quorum during the meeting.
While Judge Julee Flood agreed with the majority opinion, Judge Carolyn Thompson dissented, arguing that Cannon should be considered the rightful sheriff until a proper legal challenge is made. Thompson emphasized the need for a challenge through appropriate legal proceedings to determine the lawfulness of Cannon’s appointment.
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