Gay Couples Want Kim Davis' Signature of a Approval

[AllPurposeAtheist]

Hot diggity dog.. I was right!  I still don't care anymore.

[CrucifyCindy]

Hot diggity dog.. I was right!  I still don't care anymore.

You are a prophet!

[SGOS]

I thought that's already been settled: the judge said that Davis could be let free on condition that they don't interfere with the deputies' work, effectively giving them the authority to notarize marriages.

I'm not sure if I have this right, but I got the impression that she changed the forms with the intention of making them invalid before she went to jail, thereby interfering with the deputies work.  Since she has been released on certain conditions, I would have expected her to have made the necessary adjustments to correct that by now.  But I haven't read any reports to that effect yet.  Of course, if her changes didn't actually make the forms invalid as per her intentions, she wouldn't legally be in contempt, although her heart might be entirely in contempt, which probably doesn't mean anything from a legal perspective.

At any rate she is certainly dragging her feet.  I have to wonder what kind of advice she is getting from her legal council.  I'll bet she has good lawyers, the best money can buy.  I think she's just holding out as long as she can.  She says she's ready to go back to jail, so her demeanor must be interpreted as wanting to interfere as long as she can get away with it.  Once she's back in jail, the state can get her released by removing her from office and appointing someone else to do the job.  Her lawyers are no doubt months ahead of where the rest of us are, with a list of actions to take depending on what actions the various courts take.  They probably have a long list of ways to spin whatever happens to make it look like she wins, too.

I'm fascinated by this.  I know many others are sick of it, but this stuff always interests me, because I am so often surprised by court decisions, and I'm anticipating more surprises as this plays out.

[Termin]

  Now she's blaming the Governor for all her legal problems

http://news.yahoo.com/kentucky-clerk-kim-davis-blames-governor-legal-woes-235504802.html

[PopeyesPappy]

She doesn't need to be put in jail. What is needed is a court order to force the governor or the state legistlators to remove her from office due to incompetance. It is obvious she is not fit for office because she cannot fulfill her duties.

Sorry but that isn't the way it works. The courts have no power to force the legislature to do anything.

[stromboli]

Right. She is an elected official and has to be impeached or voted out. Even the governor can't remove her without due process which involves the state legislature.

http://www.newsweek.com/why-kim-davis-cant-be-fired-marriage-licenses-368902

 

[CrucifyCindy]

Sorry but that isn't the way it works. The courts have no power to force the legislature to do anything.

O rly? Sorry but it works that way...that's why we have something called an incompetency hearing.

Professional Obligation
Lawyers, doctors, teachers, and other persons who belong to a profession are bound either by professional codes of conduct or by contracts that contain standards of conduct. A professional person who fails to meet the duties required of that profession may be judged incompetent. Such a ruling by a court, a professional disciplinary board, or an employer may result in professional discipline, including loss of a license to practice, demotion, or termination of employment.

http://legal-dictionary.thefreedictionary.com/Incompetency

[stromboli]

O rly? She isn't a professional person, she is an elected official.

Getting rid of a county clerk isn't easy. Davis is an elected official, so she would have to be impeached by the state legislature. Not even the governor could fire Davis on his own.

"The future of the Rowan County Clerk is now in the hands of the courts. The legislature has placed the authority to issue marriage licenses squarely on county clerks by statute, and I have no legal authority to relieve her of her statutory duty by executive order or to remove her from office," Governor Steve Beshear explained. "The General Assembly will convene in four months and can make any statutory changes it deems necessary at that time. I see no need to spend hundreds of thousands of dollars of taxpayers’ money calling a special session of the General Assembly when 117 of 120 county clerks are doing their jobs."

Even if a special session were called, the assembly may not agree to impeach her.

You can't get rid of elected officials for incompetence. If that were true, the entire Republican party would be gone.

[PopeyesPappy]

O rly? Sorry but it works that way...that's why we have something called an incompetency hearing.

Professional Obligation
Lawyers, doctors, teachers, and other persons who belong to a profession are bound either by professional codes of conduct or by contracts that contain standards of conduct. A professional person who fails to meet the duties required of that profession may be judged incompetent. Such a ruling by a court, a professional disciplinary board, or an employer may result in professional discipline, including loss of a license to practice, demotion, or termination of employment.

http://legal-dictionary.thefreedictionary.com/Incompetency

A. She is a county clerk not a professional such as a doctor or lawyer that can have their license pulled.
B. That's not what you said. You said, "What is needed is a court order to force the governor or the state legistlators to remove her from office due to incompetance." There's this thing called separation of powers here in the good old US of A. The courts have no power to force either the legislature or the executive branch to do the thing you want them to do. Period.