The court of appeals issued an important decision in a Russell County case holding that a Deputy County Clerk had no constitutional right to declare her candidacy to run against her boss, the incumbent Circuit Clerk, and retain her job.
Deputy Russell County Clerk Stacie Cook sued Russell County Clerk Lisha Popplewell and Russell County alleging violation of her rights to become a candidate and retain her job.
The decision was written by Judge Buckingham and joined in by Judge Taylor. Judge Stumbo issued a concurring opinion.
Judge Buckingham wrote:
“…the U.S. Supreme Court “has never recognized a fundamental right to express one’s political views through candidacy.”
“…the “First Amendment does not require that an official in [the incumbent clerk’s] position nourish the viper in the nest.”
The full text of this case can be read at: 2008-CA-001249
Under this reasoning Deputy Sheriff’s and Deputy Circuit Clerk’s will likewise be affected by this ruling which was ordered to be published.