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Chesterfield clerk’s suit against judge dismissed

And the winner in the latest round between Chesterfield County Circuit Clerk Judy Worthington and Chesterfield Chief Judge Michael C. Allen is…

Allen.

This morning the Supreme Court of Virginia entered a terse one-page order denying Worthington’s requests for a writ of prohibition and a writ of mandamus against Allen and dismissing her petition.

The cause of a lawsuit that prompted the court’s order: A Web site listing of who can perform marriages in Chesterfield.

As we noted in our Dec. 9 blog post, the clerk’s staff removed the name of Aubrey M. Davis Jr. as a marriage celebrant last fall. Worthington contended Davis had not been authorized by the court.

In November, Allen entered an order authorizing Davis as a marriage celebrant and directing Worthington to add his name to the list once Davis obtained a required bond.

Worthington balked, stating that she had no information about a bond and noting that Davis hadn’t paid a required $10 fee.

After some disagreement about which statutes controlled, she filed the petition with the Supreme Court seeking the prohibition and mandamus writs – asking the court to prohibit Allen from enforcing his order and directing him to vacate it. But the court nixed her requests.

More good news for Allen: The court awarded him $50 in attorney’s fees for the costs of defending the suit.

- Paul Fletcher

One comment

  1. What a completely unnecessary and ultimately undignified little contest between this clerk and the chief judge. Her defeat was a foregone conclusion.

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