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Article published Jul 15, 2008
Judicial order seeks to void parts of Local Rules
By Mark Boxley
of The Daily Times
In an election-year judicial controversy that has spanned months, questions about the Blount County Circuit Court’s Local Rules have come down to an order from Circuit Judge Michael Meares.

That order — filed Friday — calls the “Presiding Judge” section of the Rules into question, claims the section includes language giving authority outside of the law, and declares it void altogether.

After a fact-finding campaign that some have called political posturing on the part of Meares, the judge is blunt in the summary of the information he has gathered in recent weeks.

“This court has not found and does not imply by its inquiries the misconduct of any individual,” Meares wrote in the order. “Nevertheless, the Presiding Judge’s (Blount County Circuit Judge W. Dale Young) exercise of a unique administrative authority granted by a local rule adopted during the vacancy of office of the sitting judge, coupled with multiple erroneous misstatements of fact require a response or the abandonment of the oath of office.”

A message left for Young seeking comment was not returned Tuesday.

It was not clear Tuesday the effect Meares’ order would have on the authority of the court’s Local Rules. But Meares himself points out in his order that “the invalidity of one portion of the local rules as found above should not invalidate the whole. While the adoption of an erroneous or irregular order issued within the court’s jurisdiction may be voidable, it cannot be disregarded until reversed or set aside.”

For more information check back at www.thedailytimes.com and see Wednesday's print edition of The Daily Times.

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