Former Falmouth Mayor Elonda Hinson's appeal still waiting on brief to be filed
Elonda Hinson’s appeal of her removal as mayor of Falmouth by city council is in a holding status as her attorney finalizes the brief explaining their case.
In mid-fall, Christopher Roach on behalf of his client filed an petition of appeal in Pendleton County Circuit Court.
Bob Bathalter, Falmouth City Council’s lawyer, motion to remove the City of Falmouth from the lawsuit was dismissed by Judge Jay Delaney in mid-October.
At that point, the next step in the case was for the plaintiff to file a brief detailing evidence to show the statement made in the petition. To this point, that has not happened.
Roach indicated the brief is being worked on and he expects to be filing it shortly.
According to circuit court guidelines, if no action is taken in a case for one year, it will come up on the dismissal docket. At that time, the attorneys can make arguments to the judge in keeping the case open. In most cases, the attorneys do not show up and the case is dismissed.
Once a brief is received by the courts, the city will have an opportunity to reply. Judge Delaney will review all pertinent information and determine whether he wants to hear both lawyers argue points in front of him. That is expected by both sides.
One wrinkle in the case is 2018 is an election year for mayor of Falmouth. A newly elected mayor will be determined on Nov. 6, 2018 then sworn in on Jan. 1, 2019.
Regardless of the decision made by Judge Delaney, both sides have indicated that an appeal is expected. As the case makes it’s way through the slow process of appeal, Hinson’s return to her duties as Falmouth’s mayor becomes less likely the longer it takes for the brief to be filed.