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still_one

(92,190 posts)
Thu Sep 3, 2015, 02:03 PM Sep 2015

If Kim Davis cannot be removed because she was elected, and many believe KY will not impeach her

two questions:

1. If someone has committed a crime, let's say, contempt of court for refusing the federal law, can that person be removed from her office without position?
2. Is this a lifetime position, or will she eventually be up for reelection?


8 replies = new reply since forum marked as read
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If Kim Davis cannot be removed because she was elected, and many believe KY will not impeach her (Original Post) still_one Sep 2015 OP
She was elected in 2014 Freddie Stubbs Sep 2015 #1
But because of her deeply held convictions justiceischeap Sep 2015 #2
Interesting prospect still_one Sep 2015 #4
.. hlthe2b Sep 2015 #3
My first question is if an elected official is sentenced to jail for committing a crime, are their still_one Sep 2015 #5
From what I have read about KY law, it would seem to require state legislative action hlthe2b Sep 2015 #6
She is not being jailed for a crime. longship Sep 2015 #7
However, she can sit in jail virtually as long as the judge wants... JCMach1 Sep 2015 #8

justiceischeap

(14,040 posts)
2. But because of her deeply held convictions
Thu Sep 3, 2015, 02:07 PM
Sep 2015

she will never get out of jail, so they should probably hold a special election to fill her position.

hlthe2b

(102,267 posts)
3. ..
Thu Sep 3, 2015, 02:07 PM
Sep 2015

She will face reelection. Not sure what you are asking in the first question, but it seems likely the judge may order the deputy clerks to issue licenses or they themselves might face contempt of court charges. My understanding is that the hearing resumes this afternoon and the deputies have been ordered to appear.

still_one

(92,190 posts)
5. My first question is if an elected official is sentenced to jail for committing a crime, are their
Thu Sep 3, 2015, 02:21 PM
Sep 2015

options to fill that person's position, such as a special election, without going through impeachment?

hlthe2b

(102,267 posts)
6. From what I have read about KY law, it would seem to require state legislative action
Thu Sep 3, 2015, 02:31 PM
Sep 2015

(impeachment or similar) and the KY Gov has refused to call a special session for that, stating it would be a waste of money.

longship

(40,416 posts)
7. She is not being jailed for a crime.
Thu Sep 3, 2015, 03:11 PM
Sep 2015

She is being jailed for contempt, to force her to comply with the judge's orders -- in this case, multiple judges at multiple levels, all the way to the US Supreme Court.

If she agrees to comply, she will be released rather quickly.

IANAL, but that is the way I understand it.

JCMach1

(27,558 posts)
8. However, she can sit in jail virtually as long as the judge wants...
Thu Sep 3, 2015, 04:42 PM
Sep 2015

until she agrees to carry out his ruling...

Let that bring a smile to your face

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