Amid Political Intrigue and Public Records Lawsuit, University General Counsel Resigns
Joshua Malcolm, caught up in controversy after he helped expose an election scandal with national implications, has abruptly resigned from his post as general counsel of the University of North Carolina Pembroke.
October 18, 2019 at 03:13 PM
4 minute read
The original version of this story was published on Corporate Counsel
Joshua Malcolm, caught up in controversy after he helped expose an election scandal with national implications, has abruptly resigned from his post as general counsel of the University of North Carolina Pembroke.
Neither Malcolm nor the university gave a reason, but the resignation comes amid a high-profile public records suit over communications Malcolm had on university devices related to the election while Malcolm also served on the North Carolina State Board of Elections. Malcolm has said there is no relationship between his resignation and the lawsuit.
In an email to faculty and staff, university chancellor Robin Cummings announced the change, effective Oct. 17, saying, "I am very grateful for Joshua's many contributions to our university during his 12 years, and I wish him the best in the next chapter of his life. As an alum with deep family connections to UNCP, he has been a consistent advocate for the university and community."
Cummings named Kelvin Jacobs, assistant general counsel since 2015, as interim general counsel. "Always willing to serve when asked, he has filled key committee roles on campus and the UNC System, and in the community," Cumming said of Jacobs.
Malcolm's resignation came as Charlotte-based station WBTV pressed in state court for his communications related to a November 2018 congressional election that ended up being scrapped after Malcolm called for an investigation of possible voter fraud in two North Carolina counties.
At the time Malcolm was also serving as assistant chair, and later chair, of the North Carolina State board of elections. He also led the elections board in refusing to certify the election results.
The subsequent investigation confirmed the voting fraud, and several campaign operatives of Republican Mark Harris, who won the election in the U.S. House Ninth district, were indicted.
A Democrat-controlled U.S. House refused to seat Harris in January, and he withdrew. A special election was held last month, when another Republican won the seat by nearly 4,000 votes.
WBTV, owned by Gray Media Group Inc., asked last January for Malcolm's emails, phone records and communications related to the election and the investigation. The station has claimed that Malcolm had frequent contact with a prominent Democrat in the district around the time of the election and investigation.
The station is represented by Raleigh law firm Stevens Martin Vaughn & Tadych. When negotiations for the records dragged on, the station also brought in litigator Kaitlin Gurney from the Philadelphia office of Ballard Spahr. A Freedom of Information Act suit for the records followed in August.
Malcolm, who had been general counsel for nearly 12 years, did not return messages Friday seeking comment. But in a statement to the Robesonian newspaper in Lumberton, North Carolina, he said he was grateful and "honored" for being chosen to serve the university. He said he has no definite plans except to "continue serving my community and state whenever called upon … [and] I'm going to enjoy my family."
Malcolm added, "As for the assertions that my departure from my beloved university has anything to do with a public records lawsuit, I can tell you unequivocally the two are not related."
Jacobs, the interim general counsel, referred questions Friday to Jodi Phelps, the university's interim vice chancellor, chief communications and marketing officer. In a statement to Corporate Counsel, Phelps said, "Purposefully, Joshua Malcolm has not been leading or representing the university in the public records request from WBTV. And, as this matter is currently in active litigation, the university cannot comment further."
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