Special judge to hear candidate lawsuits

A Whitley Circuit Court judge recused himself from hearing two cases Monday morning involving residency challenges to two candidates for elected office in Whitley County.
Judge Jerry Winchester listed his “impartiality questioned” as the official reason for recusing himself from cases against magistrate candidate T.O. Elliott Jr. and Corbin Mayoral candidate Randy Smith.
Winchester, who appeared in court Monday for the first time since having heart surgery, indicated during court proceedings that he would urge officials to appoint a special judge as soon as possible given that the election date is so close.
“Maybe they can get somebody to hear both cases at once,” Winchester noted in court Monday.
Darrell Saunders, a local attorney, filed a complaint April 10 on behalf of Corbin resident Ronald B. Rose arguing that Smith is not a resident of Corbin, and therefore should not be allowed to seek election as mayor.
State law requires that a candidate for mayor reside in the city where he’s seeking election for at least one year prior to being elected to the office. Anyone serving as mayor must remain a resident throughout the term.
On election forms filed January 31 with the Whitley County Clerk’s office, Smith claimed he lives at 114 18th Street. The lawsuit contends his actual residence is 6436 South Highway 25 in Laurel County – outside the city limits.
On April 13, a lawsuit was filed in Whitley County Circuit Court against Elliott challenging his qualifications for office. The suit, which was filed by Corbin attorney David O. Smith on behalf of Whitley County resident Paul Cummins, claims Elliott lied on campaign forms regarding his residency when he filed to run for office.
“Although the Defendant listed 202 Elliott Road, Rockholds, KY 40759 as his residential address on his Notification and Declaration, which address is in the Fourth District of Whitley County, Kentucky, the Defendant does not reside at that address and is not a resident of the Fourth Magisterial District,” Smith writes in the civil complaint.
Cummins contends Elliott actually lives at 4626 Meadow Creek Road, about a mile outside the Fourth District.
Kentucky law requires that candidates for Magistrate must reside in the district for which they are seeking election.
During court proceedings Monday, Winchester didn’t address any specifics in the Smith case, but did note that he considered himself to be friends with both Elliott and Cummins.
Smith said he wasn’t surprised that Winchester recused himself from the Elliott case.
“In the T.O. Elliott case, I felt that the judge would probably recuse himself whether we made the motion or not,” Smith said. “No one ever really anticipated Judge Winchester coming back so soon. We thought he would probably not be back until June, which would be too late.
“The motion to recuse was there because probably neither of the circuit judges – Judge Paul Braden or Judge Winchester – is going to keep a local election case that is just a no win situation for them.
“I think this is why the statute says it can be decided by the local circuit judge, or any circuit judge from an adjoining county.”
Smith said the case needs to be decided in a timely manner with the election coming up May 16.
“If Mr. Cummins is successful, he (Elliott) would be removed from the ballot,” Smith said. “If not, then the case would move to the point – if Mr. Elliott were elected – where it would be an action to remove him from office. It is real important to do it before hand.”