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Court of Appeals to hear challenge from demoted Greenup County school administrator Jan. 10 in Bardwell

Tuesday, 01 08, 2013

Jamie Neal
Public Information Specialist
502-573-2350, x 50033
jamieneal@kycourts.net
http://courts.ky.gov

FRANKFORT, Ky. -- The Kentucky Court of Appeals will convene Thursday, Jan. 10, in Bardwell to hear a former Greenup County school administrator’s challenge to a Circuit Court ruling that upheld his demotion by the local school board. Proceedings are open to the public and will begin at 10 a.m. CST at the Carlisle County Courthouse at 965 U.S. 62.

A three-judge panel composed of Court of Appeals Judges Donna L. Dixon, Irv Maze and Christopher Shea Nickell will hear oral arguments in Phillip Tracy Claxon v Board of Education of Greenup County, Kentucky (A Body Corporate) et al. Judge Maze will preside.

Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision. Some cases, such as criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.

Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location, but travel throughout the state to hear cases.

BARDWELL DOCKET

THURSDAY, JAN. 10, 2013

10 AM CST   

2011-CA-001783
PHILLIP TRACY CLAXON v BOARD OF EDUCATION OF GREENUP COUNTY, KENTUCKY (A BODY CORPORATE) ET AL.

Summary: Civil. Appeal from Circuit Court order affirming school board’s demotion of school administrator. At issue in the appeal are sufficiency of notice and substantiality of evidence. Greenup County Schools Superintendent Steve Hall is an appellee in the case in his official capacity. More than one appellant or appellee in a case is represented in the case name as et al., which means “and others.”

Judge who presided in the case – Judge Rebecca K. Phillips

Appellant attorneys: Arthur Brooks and Joellen McComb

Appellee attorney: James Lyon Jr.

Administrative Office of the Courts
The Administrative Office of the Courts in Frankfort is the operations arm for the state court system. The AOC supports the activities of nearly 3,300 court system employees and 403 elected justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC executes the Judicial Branch budget.

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