Posted on 05/16/2006 6:44:44 PM PDT by SmithL
MEMPHIS — The fight over Ophelia Ford's removal from the state Senate isn't over, even though a majority of senators voted for it, a federal judge said Tuesday.
In granting a request from Ford to block appointment of an interim replacement by the Shelby County Commission, Judge Bernice Donald said she must decide if the Senate's decision to remove Ford was proper.
"There may be no vacancy for the county to fill," Donald said.
Ford won a special election to the Senate by 13 votes last year, but senators decided in April to overturn those results, citing evidence of two ballots cast in the names of dead people and voting by felons and nonresidents of District 29 in Memphis.
Ford and seven voters from her district have filed a federal court lawsuit hoping to get her reinstated to the Senate. The suit contends the Senate violated the constitutional rights of voters by throwing out contested ballots without proper review.
The county commission was expected to begin selecting an interim senator as soon as Monday. A full-time senator will be picked by the voters of District 29 in November.
Donald said there is no reason to make an interim appointment until she rules on the lawsuit challenging Ford's removal.
Donald got involved in the election dispute in January, when she stopped the Senate from voting then to oust Ford.
The judge said the Senate had to follow established, statewide procedures for discounting votes in the election.
Donald said she will decide if the Senate abided by that order following a hearing on Ford's latest lawsuit.
"We cannot just roll merrily along and take it on faith that the order has been complied with," Donald said.
David Cocke, Ford's lawyer, said a hearing on the lawsuit is expected in about six weeks.
Honorable Bernice B. Donald
US District Judge, United States District Court for the Western District of Tennessee, Memphis, Tennessee
The Honorable Bernice Donald was nominated to the U.S. District Court on December 7, 1995 by President William Clinton, confirmed by the United States Senate on December 22, 1995 and took the bench on December 26, 1995. Prior to her appointment to the bench, Judge Donald served as a US Bankruptcy Judge, also on the US District Court for the Western District of Tennessee, from 1988-1995. She served as a Judge of the General Sessions Criminal Court of the State of Tennessee form 1982-1988, and as an Assistant Public Defender in the Shelby County Public Defender’s office in Memphis, Tennessee, from 1980-1982.
Earlier legal practice included working as a Staff Attorney, Employment Law and Economic Development Unit, Memphis Area Legal Service; and as an attorney in private practice. Judge Donald taught form 1984-1989 as an Adjunct Professor at Shelby State Community College. Judge Donald received her BA in 1974 from Memphis State University, and her JD in 1979 form Memphis State University Law School.
Of Danish ancestry, no doubt......
I suspect it's a provable fact that all people become Democrats upon their death and reliably vote for the Democratz.
"Judge Donald taught form 1984-1989 as an Adjunct Professor at Shelby State Community College."
Who can argue with that background?
This country is becoming a Turd World nation under both Clintoon and Bush.
No matter what you think of Bush (and the rest of the GOP) in terms of spending, immigration, Iraq or any other pressing matter, there could not be a clearer difference between the two parties than in the selection of judges.
I will use my vote to attempt to move the GOP right on any and all issues, but I will NEVER use my vote in a way that improves the odds for Dimocrats!
Somethin's rotten in Denmark.
I wonder if this "honorable" judge has any association with any other Ford family member.
They may have the authority, but there are still procedures that must be followed. If they didn't follow TN ellection laws, then no, they can't just remove her.
I don't think for a minute that Ford didn't cheat to win the election, but there are still laws that have to be followed. I guess that's what the judge is determining and if she doesn't follow the law (like the FL Supreme Ct. in '00) then she will hopefully be overturned at a higher level.
"I see dead people. They're everywhere, voting!"
ping
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