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Adair Fiscal Court, 14 Jul 2015: Lawyer bill tabled A Landmark Issue: Would payment now 'settle the matter'? Or open up a whole new can of worms? Judge Stephens says that the Adair Board of Election's appeal of a Circuit Judge's ruling is the first time ever that a Board of Election has ever filed such an appeal; that in all other cases, the candidate or candidates with an interest in the outcome filed, and paid for, such appeals. Adair County Judge Jennifer Hutchison-Corbin argued that the appeal was a part of the election itself and that the county is bound by statute to pay all election bills, including the $5,125 statement received from Attorney James Howard of Edmonton, KY, who filed the Board's appeal. Judge Stephens said that the appeal was not, in fact a part of the election, but a post election matter in which the county had no interest. Click on headline for more on this subject addressed in the meeting By Ed Waggener (c) ColumbiaMagazine.com The Adair Fiscal Court voted, 5-4 with CJE Mike Stephens, voting to tie and then to break the tie, to table a request by the Adair County Board of Elections to pay a bill for $5,125 incurred by the Board of Elections to have Edmonton Attorney James I. Howard file an appeal to Judge Judy Vance's ruling that the Tuesday, November 4, 2015 Mayoral Election for the City of Columbia would have to be subject to a new vote because of numerous irregularities. Judge Stephens joined Magistrates Daryl Flatt(2), Sammy Baker (3) and Harold Burton (1) to tie the vote. Magistrates Perry Reeder (4), Billy Dean Coffey (5) Greg Caldwell (6), Terry Flatt (7), voted to pay the attorney bill. The latter each voiced the opinion that this would get the matter behind them, but Judge Stephens argued that, should there be continued bills, the payment now, would bound the court for future payments of bills not specifically authorized by Fiscal Court, and that until the court knows the Board of Elections intentions, it could be an open drain on the county, if the matter were to be appealed all the way to the United States Supreme Court Magistrates Baker and Flatt both asked for time to study the matter further before making the commitment, to talk with constituents and learn more about possible personal liability should they authorize what might later be ruled a payment of public funds outside their authority. All on either side had praise for former Clerk Joyce Rodgers, who was county clerk at the time the election was held. Judge Stephens assured County Attorney Jennifer Hutchison-Corbin that the court would decide whether to pay the statement no later than the next regular session of Adair Fiscal Court, which would be Tuesday, August 11, 2015. Judge Stephens argued, too, that the Board of Elections is as much a state agency as anything else. Two members, representing the two major parties, are state appointees. The other two members serve because of their office: The County Court Clerk, now Lisa Greer; and County Sheriff, now Harrison Moss. Jennifer Hutchison-Corbin, the Adair County Attorney, advises the Board of Elections, but is not a voting member. Some guidance might come more quickly if Court of Appeals hands down a ruling soon, and if Judge Judy Vance should rule soon on a motion filed by Lebanon Attorney Elmer George asking the Judge to rule Mayor Curtis Hardwick, be removed from office. Board of Elections members Ben Loy and Billy Curry, BOE member by virtue of office Sheriff Harrison Moss, and former Adair Clerk and on November 4, 2014 BOE member by virtue of her office Joyce Rodgers were present at the meeting. Current Clerk Lisa Greer, now chair of the BOE, was not present last night. This story was posted on 2015-07-15 07:26:21
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