The complaint filed against Greenwood Mayor Carolyn McAdams by 2013 election opponent Sheriel Perkins has been rendered moot, but a special judge will make a decision on the payment of attorney fees.
After a hearing in August, the Supreme Court reversed a Circuit Court decision that McAdams must pay Perkins’ attorney fees. McAdams had moved for summary judgment, in which the court is asked to rule on evidence already presented rather than send the case to a jury.
Special Judge Henry Lackey had denied that motion, and the case went to trial, but the jury was dismissed and a directed verdict was issued, dismissing the case. Perkins’ husband and attorney, Willie Perkins Sr., appealed that decision.
Lackey ordered McAdams to pay Perkins’ attorney fees for requesting the summary judgment, and McAdams’ lawyers contested that decision.
Perkins recognized the case was partially moot since the mayoral term ended this June and his wife was no longer able to serve. However, he argued that the justices needed to issue an advisory opinion for the sake of the public interest. In his appeal, he requested $6,440 in attorney fees, the cost of defending the motion for summary judgment.
Attorney fees awarded to the nonmoving party are not required by Mississippi law, as originally ruled, and Lackey will again make the decision on those fees.
For almost three years, McAdams and Perkins battled in court over allegations of illegal voting and fraud in the 2013 election. Perkins is a former Greenwood mayor herself.
“It is what is,” McAdams said. “I am just glad it is finally over. I have never tried to drag it out. All I have tried to do is get that thing over with.”
Perkins’ complaint alleged violations of voting procedures including misplaced election materials in Wards 1 and 2. McAdams won by 206 votes. Perkins sued McAdams in the Circuit Court 20 days after the election.
During the trial, Willie Perkins argued that the poll books and voter receipt books for Wards 1 and 2 were incorrectly placed, causing some illegal votes.
Witnesses said there was “chaos and confusion” the morning the polls opened and voters could not find their names on the poll books. One witness said the poll books had been switched between the two wards’ polling stations, one at American Legion Hut and the other at the former fire station on East Claiborne Avenue. Some voters had signed in at one station but voted at another.
The court found that the voting procedure was not illegal and that the poll managers did their best to proceed with the election by redirecting voters to sign in and obtain receipts before returning to vote.
Theoretically, this will be the last step in the case unless one of the parties appeals to the Mississippi Supreme Court.
•Contact Lauren Randall at 581-7239 or lrandall@gwcommonwealth.com.
Supreme Court ruling
