Judge to rule today on clerk of courts’ ballot eligibility
Is failure to indicate candidacy on an ethics form much ado about nothing, or grievous enough to have a candidate booted from the ballot?
Incumbent Democratic Washington County Clerk of Courts Frank Scandale will learn his fate today if, as she indicated, President Judge Katherine B. Emery rules on a challenge to what is commonly known as an “ethics form.”
Those on both sides of the dispute agree that Scandale, as a public official, filed in an annual, timely manner what’s formally known as a statement of financial interests.
But when Scandale, who was first elected in 2015, filed his most recent nominating petitions, a document that was to accompany them before the March 12 deadline was an ethics form indicating his candidacy. That document, which is part of a check list the elections office distributes with nominating petitions, was not part of Scandale’s filing.
Georgiana Farkas of Washington early last week challenged Scandale’s candidacy based on his failure to file or amend his ethics form by the deadline. Scandale filed an amended form March 21 showing his candidacy.
Farkas did not appear in court Monday before Emery, and Scandale’s attorney, James Jeffries, objected to her absence.
The judge, however, said she would proceed without Farkas.
Sean Logue, the attorney presenting Farkas’ challenge, told Emery that Scandale could not cure the omission by filing an ethics form after Farkas brought the deficiency to light.
“This is much ado about nothing,” Jeffries argued. “Either one box is checked off or two boxes are checked off.”
He was referring to a box on the ethics form marked “current public official” and another marked “candidate.”
Logue brought to the judge’s attention the candidacy of former city council candidate Terry Faust, who failed to timely file an ethics form and was tossed from the Republican ballot due to a decision rendered by Senior Judge John Reed in 2015. Faust ran as an independent, but finished fourth in a race where two were elected.
Logue asked after the hearing, “Why is half of the clerk of courts office here?” and added, “At the end of the day, what we have is a clerk of courts who can’t file his own paperwork correctly.”
Deputy Clerk of Courts Tamera Mankey and Assistant Deputy Clerk of Courts Erin Jeffries are part of the staff of 10, not counting Scandale, the elected official.
“I brought my deputy and assistant deputy,” Scandale said. “Erin was very interested because Jim (Jeffries) is one of my counsel. I permitted them to do so.”
Erin Jeffries is the wife of Jim Jeffries, who represented Scandale along with attorney Steven Toprani.
As to Logue’s other comment, Scandale replied, “That has nothing to do with the office itself. My record for how the office is run stands on its own.”
Brenda Davis of Washington, former city mayor, is the sole Republican seeking to become Washington County clerk of courts. Scandale was the only Democrat who filed.