RALEIGH — A letter has been sent to the North Carolina Attorney General Jeff Jackson for a quo warranto proceeding involving the filling of a vacancy on the Caswell County Board of Commissioners.
The letter, dated April 15, was issued by attorneys Philip Thomas and Jonathan Marx, who are representing John Claggett, the man chosen by the Caswell County GOP to fill a vacancy on the board following the death of member David Wrenn on March 3.
The letter requests Jackson initiate a quo warranto proceeding to remove Ricky McVey from his position as Caswell County Commissioner at-large, claiming McVey is wrongfully occupying the office that should belong to Claggett.
“This firm represents Mr. John Claggett,” wrote Thomas and Marx. “On his behalf, we request that your office initiate quo warranto proceedings pursuant to N.C. General Statutes Chapter 1, Article 41, to oust Mr. Ricky McVey from the office of Caswell County Commissioner at-large.”
A quo warranto writ is a legal means of challenging a person’s right to hold a public or corporate office.
The letter notes the time-sensitive nature of the request, as any action must be filed and served within 90 days of McVey’s March 24 swearing-in, which would mean action needs to be taken by June 22.
Claggett’s attorneys have asked Jackson for a response by May 13 and also stated their client is prepared to provide security to indemnify the state against costs as required by statute.
The request to Jackson included a copy of a complaint filed in North Carolina Superior Court by Thomas on behalf of Claggett.
The April 15 request to Jackson follows a letter sent to the Caswell County commissioners by Claggett’s attorneys on April 3 demanding McVey’s removal, alleging he is unlawfully holding office since a recently enacted law made Claggett’s selection as the GOP nominee legally binding.
On March 24, the Caswell County Board of Commissioners appointed McVey to fill the vacancy without consulting the Caswell County Republican Party’s Executive Committee. Two days later, on March 26, the Caswell GOP Executive Committee met and selected Claggett for the position.
House Bill 58 became law on March 27, retroactively changing the procedure for filling vacancies in Caswell County by requiring the Board to appoint the person recommended by the county party committee for vacancies occurring on or after March 3, 2025.
