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