Gall v. SteeleAnnotate this Case
In this declaratory judgment action brought against Judge Russell E. Steele and Judge Kristie Swaim challenging two amendments to a consolidation agreement the parties entered into in 2008, the Supreme Court reversed the circuit court’s judgment that these two amendments were invalid and entered judgment for Judge Steele.
The consolidation agreement designated Decker as the sole appointing authority for all deputy circuit clerks and division clerks. In 2013, Judge Steele signed an administrative order amending the consolidation agreement and designating the presiding judge of the Second Judicial Circuit as the appointing authority for all deputy and division clerks. In 2014, the Second Judicial Circuit approved an administrative order amending the consolidation agreement to designate Judge Swaim as the sole appointing authority. Plaintiffs filed this declaratory judgment action challenging the validity of the amendments. The circuit court entered judgment for Plaintiffs. The Supreme Court reversed, holding (1) the 2013 and 2014 amendments were made in compliance with the procedures to which Decker consented in voluntarily joining the consolidation agreement; and (2) therefore, Judge Steele held appointing authority over deputy and division clerks from the date of the order adopting the 2013 amendment until the date of the order adopting the 2014 amendment and transferring that authority to Judge Swaim.