Monday, January 10, 2005

Update on Woodward-Seum

Judge denies request to seat Seum.
FRANKFORT, Ky. -- A judge today denied Democrat Virginia Woodward's request for a temporary restraining order to prevent Republican Dana Seum Stephenson from carrying out the duties of a state senator.

But Franklin Circuit Judge William Graham said he will hear arguments Friday and likely will rule on Woodward's motion for a temporary injunction to order Stephenson's removal from office.

The state Senate and the courts are at odds over whether Stephenson or Woodward should hold the 37th District seat in Jefferson County.

The Senate voted Friday to seat Stephenson, despite findings by a Jefferson circuit court and a Senate election contest committee that Stephenson does not meet state residency requirements.

Immediately after the vote Friday, Woodward's lawyer, Jennifer Moore, filed a motion for a temporary restraining order, seeking to prevent Stephenson from acting in any official capacity as a senator.

In denying the motion today, Graham noted the Senate is in recess and won't be conducting any official business until Feb. 1. "I don't see immediate irreparable harm," Graham said.

Both sides were ordered to file briefs before Friday's hearing.

During arguments this morning that lasted less than half an hour, Moore contended Stephenson should be barred from participating in official interim business such as attending committee meetings, filing bills and resolutions, and receiving a paycheck.

"She is depriving the taxpayers of dollars that should go to someone else or at least not go to her," Moore said.

Paul Salamanca, a lawyer representing Senate President David Williams, said no state or federal court has ever issued a restraining order against a sitting legislator. Stephenson became a "full-fledged member of the Senate" when she was sworn and seated Friday, he said.

"She is nothing less than the member of the Senate of the commonwealth of Kentucky with the least seniority," Salamanca said.

Jim Milliman, one of Stephenson's lawyers, said the courts lost any potential jurisdiction when the Senate stepped in and seated Stephenson.

"At the end of the day, when the Supreme Court ultimately hears this, which I'm sure it will, they will say at this point the remedy is left to the people," Milliman said.

Moore argued that the validity of any official votes in which Stephenson participates could be jeopardized. Lawyers for Stephenson disagreed.

Stephenson received about 1,000 more votes than Woodward in the Nov. 2 election. But Woodward filed suit challenging Stephenson's residency on the day before Election Day.

Jefferson Circuit Judge Barry Willett ruled after the election that Stephenson did not meet Kentucky's six-year residency requirement because she had lived in Indiana from 1997 to 2001.

The debate about seating Stephenson on Friday prompted state Sen. Bob Leeper, R-Paducah, to threaten to resign. He said later Friday he would take a few days to think about whether to step down. He did not return messages left this morning at his Senate office and his business office in Paducah.

Woodward appeared at the court hearing today and said afterward she would fight until she had exhausted every legal avenue.

Stephenson did not attend the hearing and could not immediately be reached.
Democrats around the nation are needed. We cannot allow the Republicans to go against the law. To contribute, please read my earlier post from yesterday.

Help us, fellow Democrats, and hope will be on the way.

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