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Move may cost Gold Hill judge his post By BUFFY POLLOCK for the Mail Tribune GOLD HILL - This town's Municipal Court Judge Calvin Eary was relieved of his duties earlier this month - sort of. Eary's seat was declared vacant at the Jan. 7 City Council meeting after the city learned he had purchased a new home and moved to Josephine County. City Recorder Tony Paxton said that the city charter says no person shall be elected for office of municipal court judge unless, at time of election, he is a qualified elector in Jackson County. "So, in order for him to be able to run for the office, he had to hold those qualifications at the time he was elected," said Paxton. In the same meeting that Eary appeared to contest the decision and request that the city's attorney review the charter, the City Council voted him as judge pro tem (temporary) until the next election. But Eary insisted he should be allowed to finish the term for which he was elected, which would expire December 2004. Paxton disagrees. He said the charter also says that if an elected official ceases to hold qualifications of his election, his office is declared vacant. "Once he ceased being a registered voter in Jackson County, one of the qualifications of his registered office, then his office became vacant," Paxton said. "If Sen. Gordon Smith moves to Wyoming, I doubt if he can remain a senator in Oregon. It seems fairly clear to me." But Eary said the only clear thing is that the city is misinterpreting its own charter. "It's marginal because if you look at the city ordinance it says the only qualification is you have to be a registered voter at time of running for office. It doesn't say anything after that," said the judge, who admitted he briefly considered the possibility of losing a job he enjoyed, but felt sure he could finish the term he was elected for. "I thought I might (lose the seat) but I bought a house. Besides, it's not a state law, it's a city ordinance. They could fix that if they wanted to," said Eary. "I think I'm gonna try to get an opinion on this but I'm not going to make a big deal out of it. "It costs me more in gas to drive out there than I get paid to do it ($100 per month). I just do it because I enjoy it and I was just hoping I'd get to finish my term." Councilman Mike Hicks called discrepancies about the charter's wording "kind of an interpretation thing." "If I move out of city, I lose my council position. It's somewhat confusing, but if you move out of an area you should no longer qualify," Hicks said. "Tony's (Paxton) interpretation about the senator convinced me. I think that's why we decided it like that." Paxton said an election could be called soon to fill the position, possibly the May primary, adding that the only qualifications are to be a registered voter at the time of election. Buffy Pollock is a free-lance writer living in Medford. E-mail her at [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.