Polk Law Blog

Commentary from Polk County, Florida attorney Kemp Brinson

Month: May, 2011

Supervisor of Elections Asks to be Removed from Lawsuit

Polk County Supervisor of Elections Lori Edwards has filed a motion to dismiss seeking to be removed as a party to the pending county commissioner term limit/salary cap lawsuit. Ms. Edwards’s Motion to Dismiss does not address the merits of the argument. Instead, she simply alleges that she has not begun qualifying candidates for the [...]

Tea Party Group Asks to Intervene in Term Limit, Salary Cap Lawsuit

John Hall and the “Lakeland Tea Party and 912 Project” have filed a motion to intervene in the lawsuit filed by Sam Killebrew to overturn the salary caps and term limits of Polk County Commissioners. Document: Motion to Intervene and Motion to Dismiss The Motion has two functions. First, it asks the court to allow Mr. [...]

Who Will Defend the County Charter?

Earlier this month, Polk County and the Clerk of Court filed their answers in Killebrew v. Edwards, a case challenging the constitutionality of two provisions in the Polk County charter. One of those provisions sets term limits for county commissioners. The other caps commissioner salaries. Documents: Answer of Polk County Answer of Clerk of Court [...]

Prosecutor’s Integrity Results in New Trial for Convicted Arsonist

A Polk County Sheriff’s Deputy’s comments at a trial resulted in the Second District Court of Appeals ordering a new trial in a Polk County arson case. The comments were voluntarily brought to the trial court’s attention by the prosecution. According to the opinion, defendant Ascour Natan was convicted of aggravated stalking and arson in [...]

Details of County Commissioner Term Limit/Salary Cap Lawsuit

The Complaint filed by Polk businessman Sam Killebrew has been released by the Clerk of Court. The Document Complaint, Killebrew v. Edwards The Basics There is only one plaintiff, Sam Killbrew, who is filing suit in his individual capacity as a voter. He seeks to have the term limit and salary cap provisions for county [...]