In Nov. 19 Issue
The "moist-dry" court actions heated up this week with the filings by local attorney Robert Bertram and County Attorney Mark McGaha.
Bertram opened up with his statement that, "After forty (40) years of practice I come before this Court to address the most bizarre and incompetent pleading that has ever gone across my desk…"
In his response McGaha calls Bertram's response "disingenuous," and characterizes the other attorney's filing as not dealing at all with the points of law involved in the case.
These filings are before the court of appeals in a case begun last month by McGaha in response to a local option petition. The petition sought a vote on the issue of allowing the sale of alcoholic beverages in restaurants that seat at least 100 patrons.
McGaha argued in court that the petition for a vote inside Jamestown was normal and reasonable, but that an election in one precinct of the county was not acceptable under Kentucky law.
That case went before Circuit Court Judge Vernon Miniard, who ruled that the election would proceed, in all areas petitioned. When asked to clarify or vacate his ruling in another filing by McGaha, Miniard ruled that the vote would be in the City of Jamestown, Jamestown Precinct and Lake Precinct.
County Judge Mickey Garner set the election for November 24 and County Clerk Lisha Popplewell reported that the Circuit and District courtrooms in the courthouse would be the locations for polling. Early and absentee voting is already open in her office.
In the filings before the court appeals Bertram strongly states that he is not the attorney of record in the case.
He goes on to assert that has affidavits from the county judge and county clerk stating that they did not request McGaha file an appeal in the case.
McGaha responds that he filed the original case on the request of the county judge, whose office paid the filing fees and has added Popplewell to the case because her office would have to carry out any orders issued by the court.
In his filing Bertram asks for sanctions against McGaha and to be paid by him for his time in the matter, while in his filing McGaha adds the same requests regarding Bertram to the end of his.