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Court Official's Past Raises QuestionsA man set to be confirmed as a Family Court commissioner was pardoned in 1998 for a felony conviction of selling cocaine to an undercover officer when he was 17. Delaware Gov. Ruth Ann Minner nominated Bernard Pepukayi -- her deputy legal counsel since 2004 -- to fill the position, which deals with a range of Family Court issues including child support, delinquency and protection orders. A week after nominating him, however, after legislators raised questions, Minner's office asked the state Supreme Court for an opinion on whether Pepukayi's criminal record prevents him from sitting on the bench. Under Delaware law, people cannot hold office, including judgeships, if they are convicted of an "infamous crime." While there is no clear answer to what an infamous crime is, the state Supreme Court said Tuesday Pepukayi's offense was committed as a juvenile and should be "treated as a civil act of delinquency, not as crimes at all, let alone 'infamous' crimes." Pepukayi also expressed regret about his past and said he has tried to provide a positive example since then. "I am sorry for my actions that I did as a juvenile and since that time I've tried to do everything I can to be an example and live a productive life," he said Tuesday. "The only thing I can do is try to live my life as an example and try to do everything within my power to live my life honorably and be an example for other people that may be experiencing difficult times." While Delaware law prohibits people with felony convictions from holding office, its rules on who may become lawyers or judges are open to interpretation. For example, an applicant to become a Delaware lawyer can have a felony conviction so long as he or she "is a person of good moral character and reputation," according to the state Board of Bar Examiners. The applicant also must possess such qualities, aptitudes and disposition as fit the applicant for the practice of law, the boards rules say. Patrick J. Johnston, as associate professor of law at Widener University, said this is similar to what's done in other states. When felony convictions are considered for admission to the bar, the committee looks to see if it happened more than once, how long ago it took place, the circumstances and what the applicant has done since the conviction. Sen. Thurman Adams, DBridgeville, said he will hold a hearing today to discuss Pepukayi's appointment and suspects the arrest will come up. "The Supreme Court has decided that it's not a problem," Adams said. "If the Supreme Court says it's OK, I don't know why I wouldn't say the same thing." |
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