Politics & Government

Court of Appeals declines to review decision against Magoffin County judge-executive

A panel of the state Court of Appeals has declined to review a decision that would force Magoffin County Judge-Executive Charles "Doc" Hardin out of office.

In February, Circuit Judge John David Preston ruled there had been numerous election violations in the November 2014 vote for judge-executive.

Hardin, a Democrat, received more votes in the race than Republican challenger John P. Montgomery, but Preston declared the office vacant.

Hardin has stayed in office while appealing.

A three-judge Appeals Court panel upheld Preston's ruling. Hardin's attorneys asked the panel to reconsider, but the panel said no this week.

A motion for re-hearing would be granted only if the panel had overlooked a key fact or controlling law or decision, or had misconceived the issues or law, according to the order signed by Judge Debra Hembree Lambert.

That didn't happen in the decision denying Hardin a re-hearing, Lambert said.

The full 14-member court also declined to review the panel's decision.

Hardin has 30 days to decide whether to ask the state Supreme Court to overturn the decision.

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