Jim Tucker
Beach Fanatic
Judge Green Returns Order In Email Contempt Case
Judge Green says Walton Commissioner Scott Brannon is not in contempt. Walton County Judge David Green returned an order in the contempt case filed by Suzanne Harris against Walton Commissioner Scott Brannon. Green says the court is unable to conclude that Commissioner Brannon’s act of sending the e-mails introduced into evidence constituted contempt. This applies to Brannon personally and the Walton Commission.
After a previous complaint by resident Suzanne Harris, Judge Green ordered the Walton Commissioners to use county services when sending emails in order to comply with state Sunshine Law record requirements. After emails were sent from addresses other than the main county email address, Harris took the matter to the court with a claim that Brannon and two others violated the court order. This was a Motion to Show Cause why the violators should not be held in contempt. Harris contended Brannon violated the terms of the court order.
Brannon and two others being charged, held they have not violated the proscriptions contained in the judgement and claimed Harris is barred by the doctrine of unclean hands from seeking a finding of contempt against them due to Harris’ participation in the same email correspondence she complained about.
According to http://legal-dictionary.thefreedictionary.com/unclean+hands, a legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. Thus, if a defendant can show the plaintiff had "unclean hands," the plaintiff's complaint will be dismissed or the plaintiff will be denied judgment.
The plaintiff presented eighteen documents and seventeen were accepted into evidence. The defendant presented twenty-two documents to support its defense of unclean hands. Of the documents entered by Harris, fifteen were sent by Commissioner Scott Brannon, one forwarded by Commissioner Cecilia Jones to the county attorney of a document already in her official email account and one by Brannon’s administrative assistant to another county employee. Of the 15 emails sent from Brannon’s private email account, twelve were either directly copied to the official email account of the assistant or another county official or were of documents already on the county’s official email account or other public record.
The three remaining emails were sent to Harris. One was a copy of a cell phone message from Lloyd Blue requesting a meeting. The two remaining concerned a behind the scene effort between Brannon, Harris, County Attorney Clay Adkinson and Harris’ Attorney Matt Gaetz to prepare an ethics complaint against Walton Commissioner Larry Jones. Judge Green says, while those two emails might constitute evidence of an attempt to avoid transparency in government, supposedly advocated by Harris, even though she participated in them, they do not constitute transacting county business. Likewise, Judge Green says the emails presented by Brannon also do not constitute transaction of business.
Judge Green says, considering the Final Judgement, the fact that all emails involving acts which might be deemed transacting county business were forwarded to official county email addresses, the nature of the emails and the definitions of contempt, he is unable to conclude Commissioner Brannon’s act of sending the particular emails introduced into evidence by Harris constituted contempt by Brannon or the Walton Commission.
Judge Green ordered and adjudged that Harris’ motion for contempt by denied and the court reserves jurisdiction over the issue of the costs and attorney’s fees. The order was completed June 22nd.
Judge Green says Walton Commissioner Scott Brannon is not in contempt. Walton County Judge David Green returned an order in the contempt case filed by Suzanne Harris against Walton Commissioner Scott Brannon. Green says the court is unable to conclude that Commissioner Brannon’s act of sending the e-mails introduced into evidence constituted contempt. This applies to Brannon personally and the Walton Commission.
After a previous complaint by resident Suzanne Harris, Judge Green ordered the Walton Commissioners to use county services when sending emails in order to comply with state Sunshine Law record requirements. After emails were sent from addresses other than the main county email address, Harris took the matter to the court with a claim that Brannon and two others violated the court order. This was a Motion to Show Cause why the violators should not be held in contempt. Harris contended Brannon violated the terms of the court order.
Brannon and two others being charged, held they have not violated the proscriptions contained in the judgement and claimed Harris is barred by the doctrine of unclean hands from seeking a finding of contempt against them due to Harris’ participation in the same email correspondence she complained about.
According to http://legal-dictionary.thefreedictionary.com/unclean+hands, a legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. Thus, if a defendant can show the plaintiff had "unclean hands," the plaintiff's complaint will be dismissed or the plaintiff will be denied judgment.
The plaintiff presented eighteen documents and seventeen were accepted into evidence. The defendant presented twenty-two documents to support its defense of unclean hands. Of the documents entered by Harris, fifteen were sent by Commissioner Scott Brannon, one forwarded by Commissioner Cecilia Jones to the county attorney of a document already in her official email account and one by Brannon’s administrative assistant to another county employee. Of the 15 emails sent from Brannon’s private email account, twelve were either directly copied to the official email account of the assistant or another county official or were of documents already on the county’s official email account or other public record.
The three remaining emails were sent to Harris. One was a copy of a cell phone message from Lloyd Blue requesting a meeting. The two remaining concerned a behind the scene effort between Brannon, Harris, County Attorney Clay Adkinson and Harris’ Attorney Matt Gaetz to prepare an ethics complaint against Walton Commissioner Larry Jones. Judge Green says, while those two emails might constitute evidence of an attempt to avoid transparency in government, supposedly advocated by Harris, even though she participated in them, they do not constitute transacting county business. Likewise, Judge Green says the emails presented by Brannon also do not constitute transaction of business.
Judge Green says, considering the Final Judgement, the fact that all emails involving acts which might be deemed transacting county business were forwarded to official county email addresses, the nature of the emails and the definitions of contempt, he is unable to conclude Commissioner Brannon’s act of sending the particular emails introduced into evidence by Harris constituted contempt by Brannon or the Walton Commission.
Judge Green ordered and adjudged that Harris’ motion for contempt by denied and the court reserves jurisdiction over the issue of the costs and attorney’s fees. The order was completed June 22nd.
