Southern Utah News Articles
Bernard's suit against Scarth dismissed by judge
Judge Douglas B. Thomas, Sixth Judicial Court, issued an order of case dismissal at a September 14 court proceeding involving former Deputy Kane County Attorney William Bernard as petitioner and Kane County Attorney Jim Scarth as respondent.
The two attorneys had been in a close and often-heated race for the Republican Primary’s nominee for the Office of Kane County Attorney. Since no Democrats had filed, whomever won would likely sail through the general election.
A recount was held. Bernard claimed after the election of voting discrepancies that would’ve changed the outcome in his favor. A recount was held, and the election totals remained the same. Attorney Jim Scarth had indeed won the Republican Primary.
Attorney William Bernard filed the case on July 9. The court ordered him to provide names of witnesses to respondent Scarth by September 9. Bernard told the court he was unable to comply.
On September 14, again Petitioner Bernard did not have a ready list of voter names that were rejected.
The Court gave Bernard the opportunity to go forward with a trial on September 17, but he declined stating that he could not be ready for trial by then. Bernard made a motion to dismiss his petition, which was granted with prejudice by the Court.