Tuesday, September 22, 2015

Rowan County Clerk's office to receivership?

Kim Davis

Monday, the ACLU requested (see motion, below) that Judge Bunning threaten Kim Davis with placing her office in federal receivership for non-compliance with the Court's order. Allegedly Kim Davis is requiring her deputy clerks to alter the marriage licenses of same-sex couples. According to lawyers one clerk, for example, was required to use the title “Notary Public” rather than his official title as “Deputy Clerk.” Davis seems to be engaged in a sophomoric attempt to invalidate these marriage licenses.

In their filing, the ACLU notes:

Davis testified under oath that the computer software automatically populated her name on the licenses:
  • Q. Who puts that information on the form, your name and your title as Rowan County Clerk?
  • A. It populates from our software.
  • Q. Do you have any control over that?
  • A. No.
  • [ … ]
  • Q. And do you have the discretion to create a different kind of license that would not require your authorization for it to be issued?
  • A. No.
The ACLU asks the Court to instruct Davis to comply. If she then fails to comply they request that the Rowan County Clerk's Office be placed in federal receivership.
When faced with state actors who persist in violations of federal law, courts have appointed receivers “to coerce public officials to comply with legal mandates in a number of factual settings, including public schools, housing, highways, nursing homes, and prisons.” Dixon v. Barry, 967 F. Supp. 535, 550 (D.D.C. 1997).
It is worth noting that earlier in the month, when the ACLU submitted its motion to hold Davis in contempt, the lawyers requested the Court to fine Davis rather than to incarcerate her. We all know how that worked out.

I think that this imbecile wants to go back to jail. She enjoys the celebrity and she adores being a victim, albeit a self-manufactured martyr.

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