He could have slapped her with a $10,000 a day fine for each day of noncompliance and sent her home.
Instead he jailed her. No fine, no docking of her salary (I think), no financial harm.
___
From this article he could not fine her -don’t know if it is accurate so legal experts can weigh in.
Sept 3
Rowan County Clerk Kim Davis gets help from GOP state Senate president
http://www.wcpo.com/news/state/state-kentucky/rowan-county-clerk-kim-davis-gets-help-from-gop-state-senate-president
And he said that if Bunning were to fine Davis for not obeying his order it would amount to criminal penalties that would be illegal because Davis has not exercised all of her rights, including the right to a trial by a jury.
I don’t think thats right.
Being jailed is just as much a “criminal penalty” as fining is. Pethaps moreso since the person gets arrested, booked, fingerprinted, mugshots, etc. And there are innumerable precedents for courts at all levels fining as part of contempt citations.
Remember, it was believed he would fine her. It’s what the couples asked for, not wanting to turn her into a martyr. Bunning cited the ability to fine himself, saying it “wasn’t enough”.