Atlantic Beach officials in court soon

Judge orders new mayoral election but has yet to set date

By Robert Morris - rmorris@thesunnews.com

Time is running out for the disputed winner of Atlantic Beach's most recent mayor's race to file a challenge to a judge's order for a new election.

As that case remains in limbo, no date for a new election has been set. Court dates are looming, however, in criminal cases against suspended Mayor Irene Armstrong, challenger and Town Councilwoman Retha Pierce and suspended Town Manager Marcia Conner.

Pierce won the November election over Armstrong by one vote, but the results plunged into uncertainty after Armstrong launched a legal challenge, saying that five voters were disenfranchised.

The town election commission threw out the election, but Pierce took the commission's decision to court. On April 16, Circuit Judge Michael Baxley ruled that a new election should be held, and that any new candidates should also be allowed to run.

Pierce has until May 16 - a week from today - to appeal the new election, but nothing had been filed as of this week, said Clerk of Court Melanie Huggins. Pierce has not disclosed her plans, but said last week she does not understand how the judge arrived at his decision.

The judge's decision came in the wake of the arrests of Armstrong and Conner on criminal charges that include misconduct in office, which lead to their suspensions from office. Both have initial hearings in the coming days, but either can waive the hearings without a court appearance if certain preliminary issues can be worked out, said 15th Circuit Solicitor Greg Hembree.

Neither has spoken publicly about the charges, and their attorneys could not be reached for comment Thursday.

Meanwhile, Pierce is continuing to fight a legal battle of her own. She was stopped on December 26 for traffic violations and later charged with resisting arrest. A judge found her guilty of the traffic charges in January, but the resisting arrest ruling is pending.

Her driving has since become the center of controversy again, after an April 14 traffic stop by a North Myrtle Beach police officer. According to video of the stop, Pierce admitted to the officer that she took a painkiller. He warned her that she is technically driving under the influence, but allowed her to drive home.

Pierce declined to comment on the facts of that case Thursday, saying only that she had been treated unfairly by the media and that she would hold a news conference to respond later.

No charges are likely from the April stop at this point, Hembree said, and the video of it will not play a role in the charges she already faces.

Contact ROBERT MORRIS at 626-0294.