Appeal moves forward in Atlantic Beach mayoral contest

By Jody Barr
WBTW News 13 Reporter
Published: August 19, 2008

The South Carolina Supreme Court decided on July 11 to hear an appeal from Councilwoman Retha Pierce on a circuit court judge’s decision to hold a new election.

On August 8, Circuit Court Judge Michael Baxley mailed his response to Pierce’s appeal to Columbia, nearly a week before the deadline to do so.

Pierce had a deadline of July 21 to file her initial brief explaining her argument against the Baxley order, which the court said it received and filed.

The next step in the process allows Pierce to file a second explanation of her argument, or her attorney has until August 25 to serve Baxley’s attorneys with a record of the appeal.

From then, it could take a little more than a month before the court would make a decision as to whether or not it will hear oral arguments from both sides.

Circuit court judge Michael Baxley ordered the new election in an order handed down on April 16 citing recent legal troubles with the two candidates for mayor and the allegations of voter bribery.

In March, the 15th Circuit Solicitor, Greg Hembree, sought and secured indictments against the town’s manager and mayor.

Ex-mayor Armstrong faces three counts of voter bribery and charges that she misappropriated public funds.

Horry County Police charged Pierce in December with resisting arrest and traffic violations following a traffic stop where Pierce appeared to disobey an officer’s orders to stop resisting arrest after police said she tried to walk away from a traffic stop near Little River.

The order was signed by chief justice Jean Toal earlier this month.

Armstrong lost the mayor’s race to Pierce by a single vote after a recount following Armstrong’s protest of the election results.

You can count on News13 to continue to follow this story as it develops.