Posted on 09/09/2003 6:31:11 AM PDT by WKB
GOP rejects Clark fitness hearing
State Republican Party Chairman Jim Herring refused Monday to conduct a hearing into allegations David Clark is unfit to become the next district attorney for Madison and Rankin counties.
But attorney Steven Farese Sr. said he's not giving up and will likely file another challenge, either today with the state Board of Election Commissioners, or later this week in Hinds County Circuit Court.
Seventy-six people, represented by Farese's firm, petitioned the Republican Party last week to disqualify Clark.
Clark, who suffers from panic attacks, severe depression, diabetes and high blood pressure, has been on Social Security disability for eight years. He takes three medications and two shots daily to control the symptoms.
Clark defeated incumbent Rick Mitchell in the Aug. 5 primary, but the petition sought to keep his name off the November ballot where there is no Democratic challenger. He is slated to take office in January. The job pays $95,800 a year.
Clark would not comment on the latest development, referring all questions to his attorney, Dan Fairly. Fairly said any challenge should have been filed 10 days after the March election's qualifying deadline and that Farese misinterpreted the law.
"I think this is a matter of a sore loser trying to take advantage of a person who suffers an illness ... It's as shameful as if they'd attacked David for having cancer, but being in remission," Fairly said.
Mitchell, who signed the petition, could not be reached for comment.
David Blount, spokesman for the secretary of state's office, said the official state ballot will likely be set in the next day or two, with Clark's name on it.
"The horse is out of the barn as far as the party is concerned ... They have selected their nominees," Blount said.
In a statement Monday afternoon, Herring said at this late date the party had no jurisdiction in the matter and he would not call a hearing of the State Executive Committee.
"Such a meeting would be costly and time-consuming to our members, many of whom would have to travel great distances," he wrote.
Farese argued that challenges could not be restricted to a 10-day time frame.
"The difficulty we have with that analysis is that somebody could run for DA without even being a lawyer, but if it wasn't discovered in time, he would be elected. Our challenge is that no one knew the depth of Mr. Clark's personal problems," Farese said.
The Farese law firm successfully challenged the candidacy of Don Grist, a former chancery judge who wanted to run for district attorney in north Mississippi. In June, the state Supreme Court disqualified Grist, saying, in part, he was not a practicing attorney.
Farese has challenged Clark on the same grounds, saying he cannot be both a practicing lawyer and on disability.
Josh Huang and Veronica Cumberland are two Brandon residents who signed the petition. Both said they were motivated by concerns about Clark's ability to be a competent district attorney. Huang said he thought the party could find a better candidate, and Cumberland said she voted for Clark.
"I'd never even heard of him before the election. I made my decision based on campaign advertisements and knew nothing about his disease — that's my issue with the election," she said.
Madison County Circuit Clerk Lee Westbrook said she has never seen this type of challenge, although previously a supervisor's election was challenged in Circuit Court.
"He was actually sworn in when the judge determined a new election had to be held ... The winner took office on the date of (election) certification," Westbrook said
So, he didn't disclose the extent of his disability, and the fact that he's not a practicing attorney, before the primary? Typical...
"I think this is a matter of a sore loser trying to take advantage of a person who suffers an illness ... It's as shameful as if they'd attacked David for having cancer, but being in remission," Fairly said."
Comparing Clark's problems to cancer in remission is just silly.
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