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Judge Phyllis Lister Brown will not stop showing up at work — not even after a judge yesterday denied her request that the Fifth Court of Appeals prevent the city from removing her from the bench as she runs for district judge. Today, her lawyer, Ray Guy, filed a motion of reconsideration. Her request that the court protect her employment was a precautionary measure as the suit she filed against the city — stating that her position falls under state, not city, control — moves through the system.
The litigation stems from her filing to run for district court, which, according to City Attorney Tom Perkins, means she must step down from her current position in accordance with city charter. In January, council voted that yes, Brown must leave her post as municipal judge. Brown and her lawyer maintain that the city does not have the authority to remove her and that their decision to do so comes from a misinterpretation of the charter.
Two weeks ago, Brown won an injunction from district court, allowing her to stay in her position until her lawsuit is resolved. Brown’s lawyer, Ray Guy, maintains this is still in place, but the validity of the injunction was compromised when the city took the case to a higher court, the Fifth Court of Appeals.
Guy told Unfair Park that Brown showed up for work today as always, but that she was not scheduled to serve on the bench. The city has not taken any new action to remove her. Next week, she has a regularly scheduled seminar until Friday, when she is due to once again take cases. It remains to be seen whether the city will then take measures to remove her. We left a message for Perkins and will update accordingly.
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