Kentucky Clerk Kim Davis found in contempt, going to jail

[Gracie09]

I guess it will have to be impeachment then, eh?

The Kentucky legislature doesn't come back in session until January or something. So unless they have a special session, she's there until she quits

 

[CdnCarrie]

The Kentucky legislature doesn't come back in session until January or something. So unless they have a special session, she's there until she quits

I'm not that familiar with the U.S. government system for the most part. Why does the legislature not sit for the majority of the year?

 

[gwynne]

The Kentucky legislature doesn't come back in session until January or something. So unless they have a special session, she's there until she quits

Must be OK for her to do whatever she likes while she's sitting 'round the office. That's a lot of time to waste. Maybe she could do all her Christmas shopping online, and plan the office holiday party....

 

[JimmyV]

Throw her back in jail and let her rot until she agrees to resign or issue the licenses herself as her job dictates.

AS much as I am opposed to everything she has done (as you can tell from my prior posts), I have to concede that the federal judicial system and incarceration should not be used as a substitute for legislative action. It was proper for her to be jailed as long as she pledged to obstruct the issuance of licenses. But I assume that a deal was struck and her lawyer got word to the judge that she would no longer stand in the way of the licenses being issued. Once she makes that pledge, the judicial element of this should end. As long as she lives up to her promise. If she lied to the judge and starts closing down the office for "computer upgrades", then back to jail with her. Once the judicial angle of this ends, it is up to the state legislature to do its job.

I guess it will have to be impeachment then, eh?

Yes. I think this is right. The state has a system in place for her removal and it needs to use it.

 

[bcla]

I'm not that familiar with the U.S. government system for the most part. Why does the legislature not sit for the majority of the year?

Depends on the legislature. It's not really a full time position being in the legislature. It's apparently only in regular session for 60 days each year. They may have other things to do when they're not specifically in session. Here's the calendar for 2016:

http://www.lrc.ky.gov/calendars/16RS_calendar.pdf

 

[bcla]

I've read some place that the new licenses issued since the office started doing it again don't contain her signature (just a signature from a deputy). She's claiming that they're not valid as a result. However, others claim that Kentucky law specifically allows a deputy clerk to perform the same functions that the elected clerk can perform.

http://www.lrc.ky.gov/statutes/statute.aspx?id=22875

61.035 Deputy may act for ministerial officer.

Any duty enjoined by law or by the Rules of Civil Procedure upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy. ​

 

[robinb]

And it might not be over yet:



http://www.rawstory.com/2015/09/law...fter-release-from-jail/#.Ve8hcjCp0xx.facebook

Well, she'll be back in the pokey again for a long time. The judge won't let her out a second time on a lick and a promise.

 

[bcla]

I'll just note that apparently the current marriage licenses have "Rowan County" printed where they would otherwise list the county clerk's signature. The Kentucky Attorney General issued an opinion that they conform to state law.

 

[diznygirl]

This probably won't last long.

 

[Chocolate Cake]

My goodness her "empowered" speech after she was let out of the pokey (husband wearing the overalls and all). These are some classy people. Why on earth is this lady in charge of anything in any office? Am I the only one seeing the pure lack of education here?

 

[jrmasm]

AS much as I am opposed to everything she has done (as you can tell from my prior posts), I have to concede that the federal judicial system and incarceration should not be used as a substitute for legislative action. It was proper for her to be jailed as long as she pledged to obstruct the issuance of licenses. But I assume that a deal was struck and her lawyer got word to the judge that she would no longer stand in the way of the licenses being issued. Once she makes that pledge, the judicial element of this should end. As long as she lives up to her promise. If she lied to the judge and starts closing down the office for "computer upgrades", then back to jail with her. Once the judicial angle of this ends, it is up to the state legislature to do its job.


Yes. I think this is right. The state has a system in place for her removal and it needs to use it.

I disagree strongly with her being allowed to opt out.

 

[bcla]

I'll just note that apparently the current marriage licenses have "Rowan County" printed where they would otherwise list the county clerk's signature. The Kentucky Attorney General issued an opinion that they conform to state law.

Here's a photo:

http://www.gettyimages.com/detail/n...up-a-completed-and-legal-news-photo/486482648

It says "IN THE OFFICE OF ROWAN COUNTY" where it would typically name the clerk. That's actually typed in. Other examples show a typed in county clerk's name.

 

[JimmyV]

I disagree strongly with her being allowed to opt out.

Me too. But it is the State that has to fix the problem. All the court system can do is prevent her from obstructing others. The good people of Kentucky need to voice their concerns over this and remove her from office.

 

[sam_gordon]

Me too. But it is the State that has to fix the problem. All the court system can do is prevent her from obstructing others. The good people of Kentucky need to voice their concerns over this and remove her from office.

Playing Devil's advocate... I don't think this would happen, but what if she "keeps her nose clean" until March... when the legislature is out of session, and then starts to interfere again? Do we need to go through the whole trial and appeals and everything else before she can be incarcerated again?

 

[JimmyV]

then starts to interfere again?

If this happens, then it is back to jail with her, and this time the judge would not be so lenient. So this is one of the things that the legislature has to consider. Is she going to play games that will cost the state money and bad publicity. Just another in a long line of reasons to get rid of her.

 

[POOHsie]

Playing Devil's advocate... I don't think this would happen, but what if she "keeps her nose clean" until March... when the legislature is out of session, and then starts to interfere again? Do we need to go through the whole trial and appeals and everything else before she can be incarcerated again?

I think the bloom will be off this rose by March. People don't have patience for Double-Dippers who go all-in for a second time. A plan like that would backfire, IMO.

 

[bcla]

Playing Devil's advocate... I don't think this would happen, but what if she "keeps her nose clean" until March... when the legislature is out of session, and then starts to interfere again? Do we need to go through the whole trial and appeals and everything else before she can be incarcerated again?

Nope. The judge has a standing order and can have her incarcerated at his discretion. I would also note that when she's brought in she's not specifically being arrested or serving a sentence when she's sent to jail.

 

[Cannot_Wait_4Disney]

My goodness her "empowered" speech after she was let out of the pokey (husband wearing the overalls and all). These are some classy people. Why on earth is this lady in charge of anything in any office? Am I the only one seeing the pure lack of education here?

She is a legacy office holder.

Playing Devil's advocate... I don't think this would happen, but what if she "keeps her nose clean" until March... when the legislature is out of session, and then starts to interfere again? Do we need to go through the whole trial and appeals and everything else before she can be incarcerated again?

The case has been decided and appeals exhausted. It is a standing order and if she violates it again he can fine her or send her right back to the pokey. He'll probably order her before the court again. But that just takes a day or so.

 

[Cannot_Wait_4Disney]

Assuming marriage licenses are still handed out in Rowan County, I don't see a problem with her being released.

I don't see a problem with giving her another chance to comply. However, she stated she's going to go back to defying the order And as soon as she does, back to jail.

 

[Wishing on a star]

People like this are a disgrace to Christianity.

AMEN, and A M E N!!!!!

And I would go much much further than the word 'disgrace'.

Tiggeroo, I want to post this, even though, like several other posts here, my comments cross over into 'religion'. And I offer this as a simple statement of information. Not promoting or bashing any particular person or religion.... Satan's only power is deception. He does not need to bother with deceiving those who are already evil. His mission is to deceive and to destroy christians from inside the christian faith. And this has been very very successful.