Jefferson County Kentucky Circuit Court Clerk
Judge asked to hold Shelia Smoot in contempt for not giving documents ...
BIRMINGHAM, Alabama -- A federal judge is being asked to find former Jefferson County Commissioner Shelia Smoot in contempt of court after she didn't produce documents or show up -- despite a court order to do so -- for a deposition in a civil lawsuit the Securities and Exchange Commission is pursuing against two bankers who had roles in the county sewer bond deals.
Attorneys for Douglas MacFaddin, one of the two bankers, are asking that U.S. District Court Judge Abdul Kallon find Smoot in contempt of court "for her disregard" of Kallon's order directing Smoot to comply with subpoenas for documents and to appear at a Nov. 21 deposition.
Smoot denies that she's been in contempt of the judge's order. Blaming miscommunication, she says she intends to comply.
The motion filed Friday asks that Kallon order Smoot to arrange a time for a new deposition and produce the documents or else be fined $100 a day. The motion also asks that Kallon order Smoot to pay for costs for expenses and fees for MacFaddin's attorneys who flew to Alabama for her November deposition.
The SEC also joined in asking the judge for sanctions against Smoot for her failure to appear at that deposition. The SEC asks that any sanctions against Smoot include reimbursement for SEC attorneys' lodging and travel from Miami to Birmingham to attend the deposition that never happened.
The Nov. 21 date was the third time that Smoot did not show up for a deposition or produce documents, according to court documents filed by MacFaddin's attorneys.
Smoot said Sunday that she wasn't dodging anything. She said she has been in and out of the state since early summer and did have a change of phone numbers during that period, but those serving the subpoenas should have been able to find her. "There is no contempt,"she said.
"It's obviously a miscommunication ... I look forward to it (the deposition)," Smoot said.
Smoot also said she has told attorneys for MacFaddin that if they wanted to serve subpoenas on her it needed to be done through the county attorney's office or her attorney, James Parkman, but they have refused to do so. "They want to do it their way," she said.
Jefferson County Kentucky Circuit Court Clerk - News
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