With a 6-member jury trial being discussed as a real possibility, the parties are again attempting to find a solution in the barking dog case (Town of Hamlin, WV vs Michael Sizemore) By SEÁN O’DONOGHUE Managing Editor HAMLIN - A trial date of Monday, February 9, 2014 was set by Lincoln County Chief Circuit Court Judge Jay Hoke, Monday, in the long running dispute between the Town of Hamlin and a local dog owner. However, the two sides appeared to be edging toward a resolution following discussions off the record in court, early this week. Despite the apparent progress, a town councilman launched a blistering attack in court, strongly criticizing the legal efforts undertaken to date in the matter, and alleging that the town council has not had input in the situation. In a rare appeal of a municipal case to circuit court,Michael Sizemore of State Street in Hamlin is appealing the fine imposed on him by the Town of Hamlin. Mayor David Flimsy” Adkins lives opposite Sizemore and, to date, has been the principal complainant regarding the dogs and the only victim named in court. The lower court proceedings saw Hamlin Municipal Judge Phyllis Smith impose the fine. However, Sizemore exercised his right to appeal the case to circuit court. The matter came before Judge Hoke for a second time, Monday, December 8, 2014. During the hearing, Judge Hoke briefed the parties on his review of the record in the case. He noted that Sizemore had had a bench trial in Hamlin Municipal Court. Judge Hoke further confirmed in court with Sizemore, that the primary person who was the witness in that hearing was the mayor. At this point, the judge asked witnesses, called by Sizemore for Monday’s possible trial, to leave the courtroom. Judge Hoke explained that as a result of higher court decisions regarding the functions of municipal courts, he determined that there would be a conflict where the mayor is responsible for making sure the town has a municipal judge. Judge Hoke noted that the current town judge was appointed prior to Adkins’ tenure as mayor, and added that nothing had been done purposefully as a result of that conflict. The judge described his conflict finding as a legal determination, and not because anyone had done anything wrong factually. Judge Hoke illustrated this by saying that if he ordered the case to be tried again in municipal court before a different judge, Sizemore would be subject to same potential conflict in that the new judge would again be appointed by the mayor.”It doesn’t solve any problems for me to remand the case back (to municipal court,” explained Judge Hoke. He then told the parties he believed it would be proper to keep the case in circuit court, and empanel a jury of six members. After some brief discussion, there appeared to be consensus among the two parties that a jury of six Hamlin residents drawn from the full county pool of jurors to be convened in January, would be acceptable should a trial take place. Judge Hoke adjourned the proceedings for a period to allow the parties to discuss the case. These discussions took place in the courtroom. Mayor Adkins was seated with the town’s attorney, Roger Williams, with Sizemore joining them for the sometimes tense discussion. Sizemore is representing himself in the case. When Judge Hoke returned shortly after 11 a.m., Williams said he felt both sides are interested in resolving this short of a trial.” He asked that a trial be scheduled anyway. The judge set a trial date of Monday, February 9, 2015 at 9:30 a.m. However, as the judge was asking both sides if they had anything further, Hamlin Councilman Roy Lee Lambert asked to address the court. Earlier, Lambert had indicated he was present as one of the potential witnesses for Sizemore. Other witnesses were also present with Sizemore in court, including Councilwoman Trinal Barrett. I’d like to say something if I might,” said Lambert. I am a 16-year member of the Hamlin Town Council. The Hamlin Town Council did not have anything, in any way, shape, manner, or form, concerning this matter,” said Lambert. Asked by the judge if the council had passed the barking dog ordinance, Lambert confirmed this to be case. The ordinance was passed, but I think it was handled in a gross manner which was disturbing and disgusting, and a disgrace to the members of the town council that didn’t even know anything about it until after the citation was issued,” said Lambert. The ordinance was passed years ago,” replied Lambert to further questions from Judge Hoke. So the council did have something to do with it,” said the judge. This situation, as is, has never been presented before the town council. And, Mr. Williams, with all due regard to you sir, I think it’s been handled very, very badly,” concluded Lambert. Williams said he wasn’t sure what the councilman meant by those words. He said he understood a ticket had been written and served on Sizemore. He spoke of his experience in representing other towns, and not recalling where the council was required to act in such a matter. I’m not sure what this gentleman means,” said Williams. Judge Hoke described the discussion as involving the separation of powers. The legislative functions of the town council are different than the executive functions of the mayor or the police,” said the judge. Williams then added: I not sure that it was the mayor who decided to write a ticket. I think what we have is the mayor complained because he was a citizen, just like any other citizen. The police are the ones who wrote the ticket, and, I’m sure, served it. And, quite honestly, if there’s something the town council wants to talk to me about, I didn’t think that circuit court is the appropriate place to do it,” said Williams, adding that he is willing to talk to the council. I mean, I represent them as well. I represent the town. I’m not really representing the mayor, except that I represent the mayor because he’s the mayor, not because he’s the victim,” concluded Williams. lincolnjournalinc/dog-solution-in-sight-but-lambert-speaks-out-p12402-1.htm
Posted on: Fri, 26 Dec 2014 13:58:20 +0000
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