Conway sends David James dispute to Commonwealth's Attorney - WDRB 41 Louisville News

Conway sends David James dispute to Commonwealth's Attorney

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LOUISVILLE, Ky. (WDRB) -- Kentucky Attorney General Jack Conway has referred the legal controversy surrounding Metro Councilman David James to the office of Commonwealth's Attorney Tom Wine in Louisville.

On Feb. 26, Jefferson County Attorney Mike O'Connell said James -- a lieutenant in the University of Louisville police department -- was holding two constitutionally incompatible offices and must give up one. O'Connell sent the matter to Conway's office for further action.

But in a letter dated March 13, a Conway deputy says it's the local Commonwealth's Attorney's office that has "ouster authority" under Kentucky law.

"(W)e are forwarding this matter to you for any action you deem appropriate," assistant Attorney General Ryan Halloran wrote to Wine's office.

The letter from Conway's office expresses no opinion on the central question -- whether James can continue to serve as both a police officer and Metro Council member.

"We said it was within the jurisdiction of the Commonwealth's Attorney and it will be up to him to provide an opinion," said Allison Martin, spokeswoman for Conway.

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