Petition to Compel Commissioner Smith to Fill Board Vacancy Dismissed
A judge has thrown out a petition that sought to force Commissioner Ron Smith to participate in filling the board vacancy.
The Daily Courier reports Circuit Court Judge Robert S. Bain dismissed the petition on Thursday, according to court records that now list the case as closed.
The petition was filed December 18th by Ron Lamb, a retiree and chair of the Josephine County Republican Party. He said he filed the petition as a private citizen.
In the petition, Lamb sought to force Smith to work with Commissioner Chris Barnett in filling the vacancy created by the December 5th resignation of Andreas Blech.
Lamb requested "judicial clarification" as to whether the county charter imposed a "mandatory duty" on Smith to participate in the appointment of someone to fill Blech's seat.
Smith has insisted that county commissioners have a wide degree of discretion to act or not act under the county charter and state law. In Bain's ruling, he said he was denying Lamb's petition on the grounds that it "fails to state facts showing the obligation" of Smith to act or "show facts that the defendant failed to perform the act."
The judge added, "It appears, based upon the petition, that the issue is moot, as the issue is now before a temporary board."
Posted on 1/20/26 1:54PM by Alex Bauer
