NEWS

Conway: No special prosecutor for Kim Davis

Andrew Wolfson
Louisville Courier Journal

Kentucky Attorney General Jack Conway said Thursday he has no plans for now to appoint a special prosecutor to investigate whether Rowan County Clerk Kim Davis committed official misconduct in denying marriage licenses to same-sex couples.

Jack Conway

Conway told reporters in Louisville that the controversy is being addressed in federal court, where U.S. District Judge David Bunning has ordered Davis' deputies to issue licenses, and they have so far complied.

"Passions on both sides are  high, and I don't want to inflame them," Conway said. "I don't see a need for a special prosecutor at this time."

The attorney general's office said late last month it was considering the appointment of a special prosecutor after a gay couple denied a license, James Yates and Will Smith, asked the Rowan County attorney to prosecute Davis and he declined, citing a conflict of interest.

Official misconduct is a misdemeanor punishable by up to a year in jail. A public servant is guilty of it when, "with intent to deprive another person of a benefit," he or she refrains "from performing a duty imposed upon by law or clearly inherent in the nature" of his office or "violates any statute or lawfully adopted rule or regulation" relating to it.

Conway, who has been criticized for refusing to appeal a ruling striking down Kentucky's now-defunct ban on same-sex marriage, said his decision was unrelated to his campaign for governor. His Republican opponent in the race, Matt Bevin, has attacked Conway for his role in the Kim Davis case and appeared Tuesday with presidential candidates Mike Huckabee and Ted Cruz to support the clerk.

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"This is not a political decision," Conway said.

He said the office decides whether to make such appointments based on the likelihood of obtaining a conviction, the expense involved and whether the federal government is pursuing the same matter.

Conway noted that the statute of limitations on charging Davis does not expire for a year.

Attorney Rene Heinrich, co-counsel for Yates and Smith, said she and her client "would have liked to see somebody appointed to explore further whether any law had been violated.  But I certainly respect his position and we will let the whole thing play out in federal court."

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Reporter Andrew Wolfson can be reached at (502) 582-7189 or at awolfson@courier-journal.com

Kim Davis, with Liberty Counsel attorney Mat Staver.