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Court overrides Judge Stephens on Board of Elections lawyer bill Adair Fiscal Court, Regular Session, August 11, 2015 Adair County makes history - of a sort - paying lawyer's fees for an unprecedented legal maneuver, authorized by the Adair County Board of Elections without prior approval by the Adair County Fiscal Court By Ed Waggener Over the strong objection of Adair County Judge Michael Stephens, the Adair County Fiscal Court voted 7-1 to pay the Adair County Board of Elections legal bill for an Appeal of Judge Judy Vance's ruling declaring the Nov. 4, 2014 Mayoral Election void. On a motion by Magistrate Daryl Flatt (District 2), with a second by Sammy Baker (3), the court approved the payment of $5,215 to Howard & Howard Attorneys at Law - James I. Howard & Sharon Bowles Howard of Edmonton, KY, for attorney's fees for work authorized by by the Adair County Board of Elections for the appeal. Magistrate Flatt stipulated that this motion was to pay this bill only, not that future indebtedness could not be incurred without prior approval by the court and that future bills related to this issue would only be paid when court ordered. Magistrate Flatt said his main concern in paying the bill under these circumstances is to save the county money. There is no precedent for the payment, Judge Stephens said. It has never been done in Kentucky, and he knows of no case like it in the United States, anywhere, before. Magistrate Flatt quoted Rich Ornstein, attorney with KACO, the Kentucky Association of Counties, who sent a letter stating that the county could pay the bill. Judge Stephens said that Ornstein had told him there was a decision could fall any way - A 50-50 situation. Magistrate Terry Hadley (7), who, in the end voted to pay the bill, said that he had been hearing for constituents both ways, but that one intelligent gentleman told him that he thought the Board of Elections ought to withdraw the appeal, allow a new election to take place as Judge Vance had ordered, which, Hadley said, could have been held this fall and wouldn't have cost the county anything. Judge Stephens said that the vote might be making him pay a debt the county cannot legally pay. He said that it would affect his bond and that of the county treasurer. "We've got skin in the game," he said. "Paying the bill without knowing for sure that it is legal puts our bonds at risk." Despite his protests to wait to pay the bill, when the roll call vote was taken, all of the seven magistrates voted to pay the bill. Harold Burton (1), Daryl Flatt (2), Sammy Baker (3), Perry Reeder (4), Billy Dean Coffey (5), Greg Caldwell (6), and Terry Hadley (7), voted for the $5,215 payment from the County's General Fund. Judge Stephens cast the last voted. a firm "No." This story was posted on 2015-08-11 21:57:47
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