After a “flurry” of activity on Friday afternoon, Rowan County (Kentucky) Clerk Kim Davis faces an official misconduct charge for her refusal to issue marriage licenses despite a court order. Davis has not issued licenses for two months since same-sex marriage was declared legal by the U.S. Supreme Court.
County Attorney Cecil Watkins said two gentlemen involved in a lawsuit against Davis and Rowan County requested the charges.
In court documents, Davis said she filed an emergency petition with the Supreme Court to have her appeal reviewed by a justice, then asked U.S. District Judge David Bunning to extend his stay on his marriage license order while she appeals. Bunning’s stay is scheduled to expire Aug. 31. Bunning denied the request.
Meanwhile on Friday, the Rowan County Attorney’s Office said it referred an official misconduct charge against Davis to the Attorney General’s office. A release from the county attorney’s office says Kentucky Bar Association “Rules of the Supreme Court of Kentucky prohibit the Rowan County Attorney’s Office from prosecuting Davis” because they are involved in current litigation with Davis.
“Typically, the attorney general’s office refers conflict cases to a prosecutor from another county,” the release says. “Kentucky state government is the only entity that can move to have Kim Davis removed as Rowan County Clerk.”
Watkins said the Rowan County government and his office had no other action against Davis. “No authority exists for her removal or suspension from the office by Rowan County government,” said Watkins.
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The Morehead News notes KRS 522.020 and KRS 522.030 deal with official misconduct in the first and second degree, respectively. “A public servant is guilty of official misconduct in the first degree when, with intent to obtain or confer a benefit or to injure another person or to deprive another person of a benefit, knowingly commits an act relating to his office which constitutes an unauthorized exercise of his official functions or refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office or violates any statute or lawfully adopted rule or regulation relating to his office,” according to KRS 522.020.
Official misconduct in the first degree is a Class A misdemeanor and is punishable with imprisonment not to exceed 12 months and fines of $500. Official misconduct in the second degree is a Class B misdemeanor and carries a potential punishment of up to 90 days imprisonment and fines of $250. The charge must be tried in court before a designation of first or second degree is placed upon it.
WKYT reported the group supporting same-sex marriage, which has been meeting for two months, were joined by protesters who rallied early Friday outside the courthouse.
“The group supporting Davis also welcomed Casey County Clerk Casey Davis, who stopped in Rowan County during his bike ride from Pikeville to Paducah in support of county clerks who say the Supreme Court ruling goes against their religious beliefs,” noted WKYT. “The Rowan County Clerk came outside to welcome Casey Davis, who began his trek Thursday morning. The Casey County Clerk showed some emotion as he spoke about his journey. The two of them, who are not related, but say they are brother and sister in Christ, spent about 30 minutes inside the Rowan County Clerk’s office.”
“I don’t hate these people. Kim doesn’t hate these people. Kim is not trying to keep them from getting what they want,” Casey Davis said. “I mean, I’ve ridden a bike across how many counties? They can drive in a car much easier today and go get that if that’s what they want.”
Mary Hargis, who supports same sex marriage, said she was there Friday to show “we support our LBGT community and we want them to know that we care and every time they walk through those doors and are denied we are here for them.”
Watkins said they expect some kind of response from the Attorney General’s Office by next Wednesday or Thursday.
