Update: Sheriff David Woolfork Ouster Lawsuit
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MADISON COUNTY, Tenn.- A new development in the ouster lawsuit against Madison County Sheriff David Woolfork after a missed deadline by his attorney, the county is now asking the judge to rule in its favor and oust Woolfork without a hearing. Sheriff Woolfork’s attorney Mark Donahoe had 20 days to respond to the ouster lawsuit by January 2, 2014. The response was not filed until Monday, January 6. “I’m not sure exactly when the deadline was or is,” said Mark Donahoe, Woolfork’s attorney. “It’s normal in filing a complaint that times are extended.” Other than not knowing the exact deadline which was last Thursday, Mark Donahoe said he failed to file Sheriff David Woolfork’s official response to the ouster lawsuit because he has been too sick to work. “I’ve had pneumonia and been out and unable to get it done and get it done timely but we filed it today and no court has been assigned yet so I don’t anticipate it being an issue,” said Donahoe. Madison County’s attorney Steve Maroney filed for a default judgment in the case, Friday. He said a default judgment basically asks a judge to go ahead and make a ruling without any further proceedings. “Our position here is, we are not here to make judgments beforehand, we are just following the rule of law,” said Steve Maroney. “The rule of law says he has to file a response within 20 days, he did not so we filed a motion for judgment by default.” Donahoe said he does not believe the tardy filing will affect any ruling in the sheriff’s case, once the judge takes into consideration why the response is late. “Typically lawyers show each other the courtesy of calling the other lawyer before filing this type of motion that wasn’t extended in this case and I can’t say that I expected it to be because it’s been a politically motivated the entire time,” said Donahoe. “Typically and normally in the rules if you look at the case law times said to answer are extended as a courtesy to the defendant especially when the defendant’s lawyer has been sick and unable to work.” Donahoe also told WBBJ 7 Eyewitness News that he believed the ouster lawsuit is a waste of time and taxpayer money since sheriff Woolfork has announced he is not running for a 6th term and will be out of office at the end of August. “What you need to be asking is why are we going forward with it when the sheriff has answered now that he is not going to run again… Why are we going forward with this? It doesn’t make any sense. We are spending a bunch of money and making the county look bad and the commission is behind it all and there is no reason for it,” said Donahoe. Maroney said after the filing the judge can either rule in the county’s favor and oust the sheriff or decide to move forward with a trial. Once a judge is assigned to the case, Maroney said he anticipates to have an answer within 10 days.
