Deadline looms for Atlantic Beach mayor candidate’s appeal

By Jody Barr
WBTW News 13 Reporter
Published: July 21, 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.

The court gave Pierce a deadline of July 21 to file her initial brief explaining her argument against the Baxley order.

Pierce has until the close of business Monday to have her appeal hand delivered to the court or if mailed, to have it postmarked with today’s date, or risk losing her appeal.

Judge Baxley will then have 20 days after notice of the Pierce brief to respond to the Supreme Court with the facts and reasons surrounding his ruling.

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.

The order stipulates that neither side will be granted an extension except, “under most exceptional and compelling circumstances,” according to the court’s clerk’s office.

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.