Kentucky clerk Kim Davis ordered released from jail

[yuiyoshida]

LOUISVILLE, Ky. - Kim Davis, the Rowan County, Kentucky clerk who was jailed after she defied the Supreme Court's ruling on same-sex marriage, has been ordered released.

A court order issued Tuesday says, "Defendant Davis shall be released from the custody of the U.S. Marshal forthwith. Defendant Davis shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples. If Defendant Davis should interfere in any way with their issuance, that will be considered a violation of this Order and appropriate sanctions will be considered."

Davis was ordered jailed by a federal judge last week on a contempt charge after defying several court orders. Her lawyers spent Labor day weekend filing appeals in an effort to force her release.

Davis stopped issuing all marriage licenses in June, the day after the U.S. Supreme Court legalized same-sex marriage nationwide. Two gay couples and two straight couples sued her. U.S. District Judge David Bunning ordered Davis to issue the licenses, and the Supreme Court upheld his ruling.

http://www.cbsnews.com/news/kentucky-clerk-kim-davis-ordered-released-from-jail/

[SidDithers]

1. Good...

she's been cut off at the knees.

She can keep her job, but not interfere with her deputies.

Maybe she'll be voted out next election.

Sid

[Rex]

18. She still gets paid, sad that it is an elected position.

Her offensive belief system should not enable her a paycheck imo.

[Heeeeers Johnny]

21. Anyone know when her term is up?

How long is the term for County Clerk, 2-4-6 years?

[yuiyoshida]

33. It probably won't be soon

enough, if ya know what I mean, Verne, know what I mean, verne??

[Jim Lane]

35. Her term ends in January 2019.

In 2014, the previous incumbent (Davis's mother) chose not to seek re-election. Davis won a contested primary and general election. Per her Wikipedia bio: "On January 5, 2015, she took the oath of office and began serving her four-year term (ends January 7, 2019[16]) as the Rowan County clerk.[17]"

[CaliforniaPeggy]

2. On what grounds is she ordered released?

I don't get it.

[yuiyoshida]

3. me either Peggy... why put her in Jail

to only release her shortly after.. was it symbolic or something, ... no idea.

[unblock]

9. i don't think the deputy clerks were issuing license at that point.

[jberryhill]

30. Because (a) news coverage and (b) legal knowledge, both suck in the US

To recap (with some omissions):

1. The plaintiffs had filed a suit that they were unable to get marriage licenses because her office wasn't issuing any.

2. The judge issued a preliminary order that she was enjoined from enforcing her "no marriage license" policy in her office.

3. She refused to comply with the order, and said she would not allow her staff to issue them.


If she does not interfere with her staff which will issue them, then she may be released. She has apparently backed down on that point and will be released.

When the reason for a contempt incarceration no longer exists, the person walks.

[yuiyoshida]

36. Thanks

I do think its funny how it probably ruined Huckabee and Ted Cruz's photo op.

[jberryhill]

38. I don't see how it would ruin their photo op

They are going to take credit for the judge releasing her.

It has improved the photo op, if anything.

[yuiyoshida]

39. Do they really think they had something to do with it?

or is this a case of more propaganda like what Fox news puts forth each day...well, Republicans don't really care about the truth..anyway, so it seems.

[jberryhill]

51. They will take credit for it

Did they really think the clerk had the authority to disobey a court order?

Their followers will eat this shit up.

"The judge heard we were coming, and let her go!"

[jberryhill]

68. Behold... A miracle!

The photo-op went just fine.

[maxrandb]

48. Let them pose with this thrice divorced, pregnant with another man's children while married to

a different man "paragon of family values".

I'll tell you, with the folks that pass for Republican heroes...this lady, the Duggars, Limbaugh, Hannity, Ted Nugent, etc., the more exposure to the crazy, the faster that despicable party can be thrown in the dustbin of history

See Trump for a crystal clear example.

[Ms. Toad]

43. +1000 n/t

[beac]

50. Would her (or, more likely, LC's with her as ongoing pawn) apparent plan to challenge

the licenses the other clerks have issued in her absence (and presumably any future ones) as invalid meet the legal definition of "interfering"? Or is that going to require a separate lawsuit by the couples whose licenses she will be seeking to invalidate?

[jberryhill]

62. They aren't invalid

And there is no affirmative process on her part to "invalidate" them.

[beac]

66. Good to know. Now I can sit back and enjoy the fun

as she and her LC team try to stuff the genie back in the bottle and meet with failure. Again.

Really appreciate your service as DU's explainer-of-all-things-legal with regard to this circus.

[unblock]

7. if the deputy clerks are granting licenses, there's no need to keep her in jail.

only if she interferes is there a problem, and the order covers that.

[hobbit709]

11. Last week she said she would fire any assistant clerk that issued a license.

The judge gave her the option of letting the assistant clerks issue the license without interference or retaliation and she turned the judge down.
I guess the long weekend in the hole gave her time to rethink her position.

[Baitball Blogger]

15. Probably the result of some private conversation and

bargaining.

The lawyer probably figured out that his legal knowledge was being questioned and this would not turn out to be the novel case he hoped to make a stand against separation of church and state.

[meow2u3]

26. Maybe she got tired...

...of Matilda pinching her ass in the clink.

[cwydro]

22. I don't either. nt

[Hepburn]

70. Her lawyers are presently appealing her jailing on the issue of notice

As I understand it, the appeal is based on the allegation that she did not receive notice that on the day of her contempt hearing that she faced immediate jail time. IMO, this allegation is bogus, but a lot of what is found is a large number of appeals is of the same ilk.

IMO, the judge released her with the admonition that if she disobeyed his release order, she would be immediately returned to jail. This makes the pending appeal moot in that she was released and thereafter returned on a violation of the release order and not the original order to issue licenses -- wherein lies the claim of lack of notice.

Frankly, I have seen and been involved in representation in a good number of contempt citations. When I was defending, there was no question that immediate jail time was at issue. It's her lawyer's obligation to tell her the consequences and if they did not know that she could be immediately hooked up in the courtroom, then Liberty lawyers are so dumb they should not be defending anyone -- let alone someone facing undetermined jail time in order to compel obedience with a court order.

Just my opinion...

[NightWatcher]

4. And when she refuses the next license???

[SidDithers]

5. Then one of her deputies will issue it...

If she prevents one of the deputies from issuing the marriage licenses, then she'll be in a world of hurt.

Sid

[yuiyoshida]

6. Says she is not supposed to interfere..

otherwise she will go back, but .. you know, she probably will.. maybe this time they will keep for a while.

[Ms. Toad]

44. They can only jail her for as long as she is defying the court order.

When you are jailed for contempt of a court order you hold the keys to the jailhouse door. All you have to do to get out of jail is to comply with the order.

[yuiyoshida]

47. I guess that's basically what she did..

at least to the courts satisfaction, the question now is will she go back to being that Christian crusader or will she stay out of it.. after having her hand slapped!

[Ms. Toad]

49. If she does, she'll go back in. n/t

[backscatter712]

41. Back to jail she goes.

The release order specifically states she is not to interfere, directly or indirectly, with her deputies issuing marriage licenses to all eligible couples that set foot in her office.

[longship]

8. She is still an evil, horrible person.

If she interferes again, she needs to see the inside of a jail cell again.

Myself, I would not have released her until I had an agreement that she would abide by the law.

[unblock]

12. that's the next step, after she violates this order.

[Ms. Toad]

45. She had to agree, or the court would not have released her.

That is the nature of being held for contempt. Once you agree to stop being in contempt, you get released.

[katsy]

10. Her pathetic ass can't be used

As a martyr figure.

Good I hope she gets voted out of office and slithers back to obscurity where she belongs.

[madaboutharry]

13. That ruins Huckabee's day!

[yuiyoshida]

14. and Ted Cruz, betcha

they had photo ops set up behind those Bars.

[NV Whino]

16. That, indeed, is the best part.

[Martin Eden]

17. The Huckster said Davis in jail is proof that US is moving towards "criminalization of Christianity"

I'm searching for but not finding an adjective for Huckabee's rhetoric.

[onenote]

53. because none of the judges and justices, etc. that ruled against Davis are Christians?

Or are Christians the ones that are criminalizing Christianity? Two of the five Supreme Court justices that voted to strike down laws barring same sex marriage are Catholic, as is Judge Bunning, the judge that ordered Davis to jail. And while I can't be certain, I'm willing to bet that the three sixth circuit appellate court justices that refused to stay Bunning's order are all Christian (Donald, Rogers, and Keith.

So maybe someone should ask Huckabee who is criminalizing Christianity: is the "Jews" (Kagan, Ginsburg, Breyer?). Is the Catholics? He really needs to answer the question.

[Martin Eden]

67. The culprits are Thomas jefferson, James madison, et al ...

THEY are the ones who insisted in the separation of church and state.

[0rganism]

24. i think his day will do just fine

she's a martyr to their cause already
now, to these wackos, she's a martyr who, through the grace of God Jesus inspired by continuous prayer, has been freed from the grotesque bonds of oppression forced upon her by the foul LGBT-promoting courts.
next, when she violates the order to not interfere, she'll be a martyr of indomitable conscience whose faith in The Lord will see her through endless LGBT tribulations.

proof that fundy water flows uphill.

[sunnystarr]

19. Guess that takes the wind out of

Cruz' and Huckabee's sails lol

[yuiyoshida]

25. I always love a good

Republican fail...makes you wanta do the happy dance!

[Jim Lane]

29. Cruz and Huckabee will probably take credit for getting her sprung.

The attention they drew to the case led to her release -- that's how they'll spin it.

[yuiyoshida]

42. of course they would say that...

and with God's help! of course.

[TlalocW]

37. Did she get released before the rally?

Oh please oh please oh please... I'm sure they'll adjust, but I'm sure a lot of speeches were planned about how Kim needs to be released right now, etc. and the fact that she took the deal offered her by the ACLU last week doesn't make her much of a martyr.

TlalocW

[sunnystarr]

46. They probably sprung her in time

for her to speak at the rally and stand side by side with Cruz and Huckabee lol I'd love to know who pressured who to get her out in time for this grandstanding to prove to the country that Christians are being persecuted. That's the real reason for it.

I believe there's a long range plan to replace the gay cash cow (maybe abortion too) with the new meme ... Christians being persecuted by the government ... to use politically for years to come. The aim is to get cash, scare voters to the polls, and change our laws to become more invasive than ever and mixed with theology.

Republicans operate with long range planning and have patience. Democrats not so much. Which is why it's gone this far to begin with.

[Gothmog]

20. This is the deal that the ACLU offered to her last week

She just accepted the ACLU's proposed settlement that she turned down last week

[B Calm]

23. $80,000.00 A YEAR SALARY AND SHE CAN'T DO HER JOB. With $35,000.00

AVERAGE FAMILY INCOME for Rowan County, Kentucky, surely they can find a better person to do the damn job than her. She should be impeached from office or just plain fired!

[Travis_0004]

27. You can't fire an elected official

You can organize a recall election, and I would assume somebody is working on it now.

[jeff47]

52. KY doesn't have recall elections. (nt)

[Agnosticsherbet]

28. It's an elected office. Democrats in that district should elect someone who is not a fanatic and

bigot.
She can not be fire.
she can resign, be impeached, or lose an election.

[Bluenorthwest]

63. She defeated two other Democrats in the Democratic Primary, her closest rival was 23 or 24 votes

behind her, that's it. Over 1,800 Democrats voted for her in the Primary.

[MADem]

34. They oughta "job share" that gig--it could provide two decent salaries to families who need it. nt

[Manifestor_of_Light]

31. Wish they'd prosecute her on the misdemeanor state charge.

If she refuses to discharge the ministerial duties of her office, like issuing marriage licenses to ANY duly qualified couples, she is guilty of a state misdemeanor.

[HassleCat]

32. Good

I'm not in favor of keeping people in jail indefinitely on contempt charges. That's too close to Guantanamo Bay. The order makes it clear she can't try to prevent her deputy clerks from issuing marriage licenses, or it's back to jail. Of course, it's highly likely she will interfere, so she can go back in the clink and fulfill her Christian Martyr destiny. I'm sure she would like it much better if they nailed her to a cross and tortured her publicly.

[underpants]

58. Yes but that poor woman at the front desk

Kim(eh) is coming back. Front Desk lady had a nice 5 day break from her.

[mnhtnbb]

40. Some interesting info about the County Clerk's Office in Rowan County

sourced from https://en.wikipedia.org/wiki/Kim_Davis_%28county_clerk%29

Davis served as Rowan County chief deputy clerk, reporting to her mother, Jean W. Bailey, for 24 years.[11] Kentucky law permits elected county officials to employ their family members and to determine their compensation; it is common practice in the commonwealth.[11]

In 2011, county residents complained about Davis's compensation, an annual wage of $51,812 and an additional $11,301 in overtime and other compensation during 2011.[11] Davis earned substantially more than the county's other chief deputies, including $38,000 for the Chief Deputy Sheriff Joe Cline and $36,000 to the Deputy Judge-Executive Jerry Alderman, neither of whom receive overtime pay.[11] The County Fiscal Court reviewed the compensation of clerks in the office and voted unanimously to cut the department's salary budget by one-third for 2012.[11]

On January 5, 2015, she took the oath of office and began serving her four-year term (ends January 7, 2019[16]) as the Rowan County clerk.[17] As county clerk, she receives an annual salary of $80,000.[4][9]

She won the Democratic primary for the County Clerk job by 23 votes: there were two other candidates running against her. Looks like it would be possible to put ONE candidate up against her in a primary--if she runs again in four years and isn't removed from office or resigns before then--and that would be the end of her and her cushy jobs.

[nolabear]

54. That rally...don't those people have JOBS?

Isn't that what we hear whenever there's a rally for a progressive cause?

[B Calm]

55. She probably is the largest tithe contributor in her church. $80,000.00 a year

salary is a large sum of money for her county.

[IADEMO2004]

57. Milk,Milk, Milk that Media

What a show

[CBGLuthier]

69. Sadly, no, they don't have jobs. Very high unemployment rate in that area.

[DebbieCDC]

56. This whole problem rests in the statement

"Kentucky law allows elected officials to employ family members...."

From Kimmie's mommy to Kimmie to Kimmie's baby boy, this clan is as good a bunch of grifters as the Kartrashians.

[RandySF]

59. Her "attornies" said she'll again block same-sex applications

I'm worried that she will fire her staff for processing them.

[Marrah_G]

61. If she does she will go right back to jail

[Marrah_G]

60. She caved in and agreed to allow her employees to issue the licenses

[B Calm]

64. and that's why she was released. She LOST! Now everyone in her county

knows of her high salary and what a waste of tax payer money she is. She had a racket going and she should have kept a low profile.

[HickFromTheTick]

65. This problem stems from Kentucky Policy in my view....

Reading the previous posts I noticed that the county she is employed in allows people to appoint or hire family members AND determine their compensation. This is common in the state. That's utterly feudal and shows a retardation of the democratic society right there, no? It's this family nepotism that results in intellectually stunted dynasties like the situation in the county clerk's office to begin with.