by Bill Robinson

Samantha Burford, who defeated incumbent John Lackey by 98 votes Nov. 8 in the Madison County School Board District 1 race, took her seat Thursday evening after a circuit judge earlier in the day refused to issue a restraining order sought by Lackey.

Lackey filed suit Dec. 2 asking Madison Circuit Court to disqualify Burford, claiming her employment by the for-profit Madison County Schools Sports Television and membership on a school-based decision making council that hired school personnel violated state law.

The law does not allow someone who receives money by selling goods or services to a school district to be a school board candidate.

If a candidate is found to be ineligible, the election goes to the next highest vote-getter, which would be Lackey.

Lackey’s suit claimed that the school district provided material benefits to the video network by allowing access to press boxes and other facilities and by making school personnel available for interviews. Those benefits were then relayed to Burford in the form of monetary compensation, the suit argued.

Also, Burford’s work as an anchor for the network, for which her husband’s automobile dealership was an advertiser, was in effect an illegal form of campaign advertising, the suit claimed.

The law requires removal of school board members guilty of receiving prohibited campaign contributions.

If a seat becomes vacant for that reason, the state Education Commissioner appoints a replacement.

Estill Circuit Judge Micheal Dean was appointed to hear the case after both Madison Circuit judges recused themselves.

Lackey, a Richmond attorney, acted as his own counsel in the case, and judges typically do not hear matters in which members of their local bar associations are personally involved.

The hearing took place in Irvine.

The judge quickly dismissed Lackey’s claim that Burford’s candidacy was illegal by removing the state attorney general as a defendant.

The attorney general normally must seek to disqualify candidates, and Lackey’s suit sought to compel action by the state’s top legal official.

Candidate challenges must be filed prior to an election, the judge said, according to Eric Lycan, Burford’s attorney.

However, the judge agreed to rule later on Lackey’s claim that Burford had benefited from illegal advertising and should be removed.

Lackey did not return a telephone message left by The Register seeking comment.