Tuesday, March 28, 2000
Aspiring circuit clerk's lawsuit runs into setback
Former judge-executive wanted name on ballot
BY SUSAN VELA
The Cincinnati Enquirer
COVINGTON — Time is running out for Lloyd Rogers, the former Campbell County judge-executive who flunked a test necessary to run for Kenton County circuit clerk.
His federal lawsuit questioning the test's constitutionality faced a major barrier Monday, when U.S. District Judge William O. Bertelsman refused to grant a preliminary injunction that would have placed Mr. Rogers on the ballot in May.
Judge Bertelsman said such a court order wouldn't serve the public's interest.
The Kentucky Supreme Court already has ruled that testing for circuit clerk candidates is not unconstitutional, Judge Bertelsman said, and Mr. Rogers' contention about the qualify ing exam seems to be that the answer sheet was incorrectly numbered and had a misprint in one question.
“The answer sheet — that seems to be the main problem,” said the judge, who noted that the state courts are a more likely venue to handle such an issue.
The judge's decision concluded a two-hour hearing on separate lawsuits filed by Alexandria residents Mr. Rogers and Ken Johnson. Mr. Johnson had a failing score on the test until it was regraded. His lawsuit remains alive.
Both have said the test is unfair, discriminatory against nonincumbents and has little to do with their abilities to be circuit court clerks.
The position entails overseeing the circuit and district courts, collecting fines and issuing driver's licenses.
Kentucky's Administrative Office of the Courts, which administers the qualifying exam, is the sole defendant in their lawsuits. Campbell County Clerk Jack Snodgrass, the Campbell County Board of Elections and the Kentucky Board of Elections have been dismissed as defendants.
At Monday's hearing, Mr. Rogers and Elizabeth Duncan, chief deputy circuit clerk of Nicholas County, testified.
They said one section of multiple-choice questions on the test dealt solely with general math and reading skills. It accounted for 70 percent of their score yet had two major errors.
One question had choices of “A,” “a,” “B” and “C,” although there was no “a” to fill in on their answer sheets. Another problem was the two No. 23 questions, which also threw them off.
They also said the algebra and geometry questions had little to do with circuit clerk work.
Mr. Rogers said serving as judge-executive was a much tougher job, yet it didn't require a test. In that elected position, he oversaw a $10 million budget and many municipal agencies.
He doesn't know what he'll do now that Judge Bertelsman has denied a preliminary injunction. Meanwhile, about 10 other applicants from across the state want to join his and Mr. Johnson's federal lawsuits.
Judge Bertelsman still must decide on that matter.
Bill Pettus, representing the Administrative Office of the Courts, promises to seek a dismissal of the case. The office has promised to review the test, which was administered in 1987, 1993 and 1997, said the office director, Cicely Lambert.
There were 187 people who took this year's Jan. 15 exam; 71 originally passed.
Then, after Mr. Johnson filed his lawsuit, all the failing tests were regraded. A total of 79 — or about 42 percent — have now passed.
In 1993, 224 took the test and 166 — or 74 percent — passed.
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