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Adair Board of Elections meets. Will consult with Fiscal Court

When County government reopens for business in January 2015, the first order of business will begin with left over controversy from 2014: Whether to continue paying legal bills for the Board of Election's fight to overturn a decision by Circuit Judge Judy Vance invalidating the Nov 2014 Mayoral Election and order a new one be held.
Related stories:
Telephone Numbers: Judge Stephens' office: 270-384-4703. (Others to be added.) Magistrates by District: 1-Harold Burton, 270-250-2460. 2-Daryl Flatt, 270-634-1033. 3-Sammy Baker, 270-378-6496. 4-Perry Reeder 270-634-3234. 5-Billy Dean Coffey, 270-384-4201. 6-Greg Cheatham, 270-384-4831. 7-Terry Hadley, 270-384-1424. From My Adair County website/Magistrates

By Ed Waggener

The Adair County Board of Elections met in a Special Called Meeting at 9amCT, Wed 30 Dec 2015 with a single item, an executive session, followed by a discussion and decision to consult with Fiscal Court on further payment of legal bills for the Board of Election's challenge to Adair County Circuit Court Judge Judy Vance's April 17, 2015 decision invalidating the November 2014 Mayoral Contest and ordering a new election.



The Board of Elections requested a Special Session of the Adair Fiscal Court, which is set for 8amCT, Mon 4 Jan 2015, in the Basement of the Adair Annex Building, 424 Public Square, Columbia, KY. Immediately following that meeting, the Board of Elections, in the same venue, a Special Called Meeting to discuss how to proceed in light of the filing by Lebanon Attorney Elmer George, at the Supreme Court of Kentucky, to have a discretionary review of a three judge Court of Appeals panel which voted 2-1 not to rehear an earlier decision to reverse Judge Vance.

The court voted in its August 11, 2015, meeting, to pay a legal bill presented by the law firm of Howard & Howard, in the amount $5,215 for services on behalf of the Board of Elections.

The decision was made over the strong objection of Adair County Judge Executive Michael Stephens, who voted "No!" following a 7-0 vote by Magistrates Harold Burton (District 1), Daryl Flatt (2), Sammy Baker (3), Perry Reeder (4), Billy Dean Coffey (5), Greg Caldwell (6), and Terry Hadley (7). That vote was on a motion by Magistrate Flatt, that the Board of Election's legal bill be paid by the court, but stipulating, 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.

Judge Stephens told the court then that he feared the county "had bought" the case, and might be obligated to pursue it as long as it remains in in litigation. The argument was countered by Mr. Flatt's assertion that he had talked with a Kentucky Association of Counties attorney who told him that the court could pay the bill.

Arguments by the magistrates then were to get it over with, by paying the bill.

Judge Stephens had said, at the time of the court's decision to pay the bill, "There is no precedent for the payment, It has never been done in Kentucky, and he knows of no case like it in the United States, anywhere, before."


This story was posted on 2015-12-31 07:25:12
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