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Nifong sets resignation date

RALEIGH, N.C., June 28 (UPI) -- Durham County, N.C., District Attorney Mike Nifong plans to return to North Carolina to resign, the lawyer prosecuting him said.

The judge in the case has scheduled a hearing for Monday to decide whether to formally remove Nifong from office. He has been suspended because of his conduct in the Duke rape case.

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Judge Orlando Hudson has the option of simply accepting Nifong's resignation, The Raleigh News & Observer reported.

"He indicated to me in clear, uncertain terms ... that he would be back in the state this weekend and intended to prepare a letter of immediate resignation and submit it to the governor," lawyer Robert Zaytoun said.

Another judge, W. Osmond Smith III, has set a July 26 hearing on whether to charge Nifong with criminal contempt.

A disciplinary committee of the North Carolina Bar voted this month to disbar Nifong. The panel found that he committed numerous ethical breaches in his investigation of a charge that three Duke University lacrosse players raped an exotic dancer hired for a team party.

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