Lee County Judge accused of waving gun in the courtroom now under review

A week and a half after an allegation that a District Court Judge waved a gun inside a courtroom and allegedly pointed it at an employee, WRAL has learned he is being investigated by the Judicial Standards Commission.

A source tells WRAL that on July 17th, Judge Brian Lewis was not displaying the gun in a threatening manner, but at one point the gun’s laser sight was spotted on a member of the clerk’s office.

State law permits judges to carry firearms in court. When asked about the specific details of the tip, the Administrative Office of the Courts told WRAL it is aware of the allegations and that the Judicial Standards Commission was looking into it.

The court system did not confirm or deny details about what WRAL was told.

WRAL sought to get answers from the Lee County Sheriff’s Office, the Judicial Standards Commission, and Lewis to have an opportunity to explain:

·       What happened?

·       Was the pointing of the gun intentional?

·       Has Lewis spoken to the employee he allegedly pointed the gun at?

None have replied to WRAL as of 5:00 p.m. Monday.

Lewis was elected in 2024. His campaign website indicates he is an Air Force veteran and has held a number of district attorney positions in Cumberland, Durham, and Harnett Counties. 

If the investigation by the Judicial Standards Commission into Brian Lewis finds wrongdoing, Lewis could face a verbal reprimand, all the way through to losing his position on the bench, according to NC Central Law Professor Irving Joyner.

“It could be a private reprimand, a letter of warning, all the way up to some more punitive action by the commission,” Joyner said.

However, there is a high likelihood the public won’t be aware of those details.

“All of this happens in secret,” Joyner said. “There is this notion of confidentiality from the point that a complaint is filed up until the point that there is an adjudication. Then, it is up to the Chief Justice of the Supreme Court as to whether that matter will be made public in the community that the judge is serving in or with other judges that are on the bench.”

Joyner says the commission is made up of members of the Supreme Court, the Court of Appeals, the District Court, Superior Court judges, and four members from the public. He says they receive the complaint and determine if there is any merit to it.

If it’s meritless, the case is usually dismissed, but if there is merit, the commission can file a charge with the Supreme Court, where there would be a hearing to determine if there is any punishment.

“[Citizens] are not typically pleased with the outcome,” Joyner said. “It is only when there is a determination that there is a need for the public to know that this cloak of confidentiality is removed.”

However, information could become public if criminal charges are filed.

According to Joyner, the act of simply pointing a gun at someone could result in an assault charge. If Lewis were to be criminally charged, more details could come out in court. But that decision likely weighs heavily on the Judicial Standards Commission’s investigation.

“I would doubt if a sheriff individually would bring a claim against a judge in that jurisdiction for some criminal violation,” Joyner said. “It is surprising. It is certainly behavior that would not commend that person’s performance to the public. So it is unusual.