Is She In Or Out 3

At last month's county commission workshop, commissioners attempted to get information from 2nd District County Commissioner, Julia Hurley, on her decision to move out of her district. Ms. Hurley chose to answer no questions except to say her move out of the 2nd district was temporary. However, she refused to give any details about her temporary status.

Commissioners will discuss the matter at tonight's, August5th, Commission meeting to consider actions, if any.

According to the county attorney, their are several actions that could be pursued.

The commission could do nothing and just wait to see if Ms. Hurley does return to her district.

A quo warranto suit may be considered, meaning the commission or even citizens of the county could file a lawsuit to challenge Ms. Hurley's qualification to hold her seat. A quo warranto suit may also be filed by the district attorney on the request of county commission.

The county commission could request a "declaratory judgment" through the court. This simply means the commission could request, through the an attorney, that a judge look at all the evidence and make a decision as to whether Ms. Hurley has in fact vacated her seat by moving out of district or if the, after the fact statement, that her move was only temporary protects her from her legal requirements.

It is undisputed that Ms. Hurley has moved out of her district. It is also undisputed that when an elected officials moves out of their elected district, they automatically vacate their elected office. The gray area is, when does temporary apply?

It appears that the quickest and simplest action commission could take would be to request a "declaratory judgment" from the court.

Commission will discuss the options tonight.

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8/5/19