Judge rules in 2016 recall case

Two judgments were issued last week dealing with costs related to a failed 2016 recall petition for elected officials in the Town of Whitehall.

Seventh Judicial District Judge Katherine M. Bidegaray ruled in favor of the respondents, Jefferson County Election Administrator Bonnie Ramey, Montana Secretary of State Linda McCullough, and Lynn Nemeth.

In December of 2016, Whitehall Mayor Dale Davis, and Alderman Vincent Keogh, Gary Housman, Tom Jenkin and Joe Adams had petitioned the court to file a Petitioners’ Memorandum of Costs and Necessary Disbursements, and a Petitioners Brief in Support of Attorney Fees related to costs from the 2016 recall petition.

Bidegaray had previously ruled in early December in favor of an order granting second amended application for injunctive relief filed by Mayor Dale Davis, and Council Members Vincent Keogh, Gary Housman, Tom Jenkin and Joe Adams.

The ruling by Bidegaray stated the respondents (The Jefferson County Elections Office, Jefferson County Election Administrator Bonnie Ramey, and Recall Petitioner Lynn Nemeth) are permanently restrained and enjoined from conducting a Recall Election based on the invalid and legally insufficient Recall Petitions and Circulation Sheets.

In her decision handed down last in the Fifth Judicial District Court in Boulder, Bidegaray stated for the reason argued by Nemeth there is no legal basis for taxing costs against her, therefore the petition for costs and disbursements is denied.