Borton v. Barton goes to court

Alexis Barker
NLJ News Editor
 
Commissioner Tony Barton and concerned citizen Garrett Borton will have their day in court at a hearing on March 31. 
Judge James Micheal Causey, who replaced Judge John Perry on the Sixth Judicial Court, will consider a motion by Barton’s lawyers to dismiss for failure to state a claim on which relief can be granted. Barton is represented by Samuel R. Yemington and Kasey J. Benish, who are associated with the Cheyenne firm Holland and Hart. 
As previously reported, the suit against Barton was filed on Oct. 26 by Borton. Since that time, both parties have submitted several responses to the allegations and requested relief to the issue presented. 
According to court documents, Borton is seeking an
injunctive and declaratory relief concerning Barton’s qualification to function as a county commissioner. 
Borton did not ask that Barton be removed from his seat on the commission, as previously reported by the News Letter Journal. He asked the judge for a temporary injunction, which per statute would be “a command to refrain from a particular act.” 
In Barton’s case, this would mean that Barton would have to refrain from voting as an elected official and that he
no longer would receive financial compensation from the county. The petition further asks for a permanent injunction in which the court grants the requested relief. 
According to the documents filed on Nov. 18, Barton was elected on Nov. 6, 2018, by the voters of Weston County to serve a four-year term as commissioner and that the time to contest these results has lapsed. It further states that Barton took residency in Crook County on or about Oct. 29, 2020, and has continued to serve on the commission. His term ends on Jan. 2, 2023. 
Documents filed on Dec. 16 assert that Barton is a qualified elector and therefore qualified to hold the position he is currently serving in. Further, the documents challenge Borton’s definition of a qualified elector, as he had defined it in court documents. 
In addition to challenging Borton’s definitions, Barton’s lawyers also reiterate their argument that the declaratory and injunctive relief sought by Borton is not authorized, stating that the court’s jurisdiction is constrained by the statutory procedures and remedies prescribed by Wyoming election law. 
Borton said that he and other concerned citizens are thankful that the courts have scheduled a hearing. He encouraged anyone interested in the topic to attend the hearing on March 31 at 9 a.m. in the district court room in the Weston County Courthouse. 
“We would like to see the county’s support in attending. Actions speak louder than words,” he said. 
Barton did not respond to requests for comment by
press time.