News-Record.com

This just in from Senate Leader Marc Basnight's office:

Raleigh – Shirley Frye, who was recommended Friday by Senate leader Marc Basnight to serve on the NC State Lottery Commission, has declined to take the appointment.

Frye told Basnight earlier Friday that she would accept the nomination. However, after learning that the Greensboro law firm at which her husband is a partner represents a number of media and retail clients in the firm’s legal practice, she was concerned about the perception of conflicts of interest between the firm’s work and the commission’s.

“By declining her nomination, Shirley Frye displayed exactly the kind of strong character and moral fiber we need in those who serve our state in any capacity, particularly on our lottery commission,” Basnight said. “I appreciate her sensitivity that even the appearance of a conflict of interest could jeopardize the commission’s work.”

Frye’s husband, former Chief Justice Henry Frye, is a partner with Brooks, Pierce, McClendon, Humphrey & Leonard, which represents a number of media organizations and retail clients. Upon learning of the firm’s clients, Shirley Frye became concerned about the potential for interaction between the firm, its clients, and the lottery commission – for example, if a media organization represented by the firm made a public records request of the lottery commission, and the commission determined the information was not subject to public records law, Frye could find herself in the midst of a legal dispute between her husband’s law firm and the commission on which she served.

Shirley and Henry Frye discussed the potential for perceived conflicts late Friday before Shirley declined the nomination. Mrs. Frye felt that the lottery was far too important to risk such a perception. Because of the attorney-client privilege, Mrs. Frye was not in a position to fully know the scope of the firm’s clientele when she initially accepted the nomination.

“The Fryes’ long record of public service to our state is truly outstanding,” Basnight said, “and I especially appreciate their commitment to education and to North Carolina. Their display of integrity today comes as no surprise to anyone who knows the Fryes – in fact it reinforces for me how exceptional Shirley would have been as a lottery commission member.”

Basnight said he would continue to search for a commission appointment with the credentials and character needed to ensure that North Carolina’s education lottery is beyond reproach, and remains committed to nominating a minority to ensure diversity on the commission.