Election case terms sealed
by Megan Thornton
mthornton@cherokeetribune.com
October 25, 2012 12:37 AM | 1074 views | 0 0 comments | 5 5 recommendations | email to a friend | print
CANTON — Prior to calling for County Commissioner-Elect Brian Poole’s eligibility hearing, County Attorney Angie Davis advised the Board of Elections on Wednesday that a consent order has been reached in another election challenge, but that the terms of the agreement are sealed.

The board unanimously approved, with Donald Sams absent, to agree to the order.

Davis said she has been working toward the terms of a consent order in the case filed against the board by Nancy Carson that has been pending in Cherokee County Superior Court.

“The consent order provides that it is to be placed under seal of the court and the request that it be placed under seal has been made by the request of the petitioner Mrs. Carson and her attorney Channing Ruskell,” Davis said.

The consent order deals with the attorney fees in the case that was brought by Carson, a prospective Cherokee County State Court candidate, and then dismissed by the court in August 2010.

The county was in the process of petitioning the court that Carson and Ruskell be ordered to pay the attorney fees in the case.

Carson and Channing Ruskell of Carson & Ruskell Attorneys in Woodstock filed a writ of mandamus against Janet Munda, supervisor of elections for the county, in 2010 a month prior to the case’s dismissal.

Forsyth County Superior Court Judge David Dickinson later dismissed the case, noting no harm had been done to the plaintiff.

Carson in July 2010, along with Appalachian Judicial Circuit Assistant District Attorney Dee Morris and attorney Jeff Rusbridge, paid qualifying fees to run for the new third state court judgeship in the November general election.

Munda, however, said no election would be held per state law.

According to the state constitution, state court judge appointees appointed within six months of a general election are to serve until Jan. 1 of the year following the next general election.

Morris was appointed on July 12 to the position. Per the state constitution, the term would last until Jan. 1, 2013.

In her lawsuit, Ms. Carson said the Georgia General Assembly bill passed the previous year creating the new judgeship called for a judge to be appointed to an initial term to end in 2010 with a successor elected in the November election.
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