Circuit Court of Cole County rules against former Carthage Mayor Dan Rife

The Circuit Court of Cole County has made a decision regarding former Carthage Mayor Dan Rife’s case that he was not legally removed from his position as Mayor.

A 15-page filing by Judge Cotton Walker seems by all appearances to put the matter to rest.

Rife had argued that seven votes were required to remove him, rather than the six the measure received.

However, Judge Walker wrote:

“By not challenging before the city council President Pro-Tem Snow’s declaration that six votes were sufficient to convict and remove him for his charged offenses, petitioner Rife likely waived the issue that he now asks the Court to decide.

“Even if he had preserved the issue for review, based on the record before the court, presented by the parties in the manner they chose, petitioner Rife has not demonstrated that, as a matter of law, Section 2-122(d) requires an irreducible majority of seven votes for his removal.

“Petitioner Rife accordingly has not met his burden of establishing that his removal by the Carthage City Council on six votes was unauthorized by law, and his motion for summary judgement is denied.  Judgement is therefore entered for Respondent.