'Official misconduct charge' against Rowan County Clerk Kim Davis referred to attorney general

Supporters and protesters gathered outside the Rowan County Clerk's Office Friday morning.

ROWAN COUNTY, Ky. (WKYT) - A flurry of activity happened Friday afternoon in the case of Rowan County Clerk Kim Davis, including an apparent effort to have her charged with official misconduct.

Friday afternoon, Davis, who refuses to issue marriage licenses despite a court order, said in court documents that she filed an emergency petition with the Supreme Court to have a justice review her appeal. A spokeswoman with the Supreme Court told WKYT they had not received the petition as of Friday afternoon.

Davis apparently submitted that filing to the Supreme Court and then asked U.S. District Judge David Bunning to extend his stay-- which is scheduled to expire Aug. 31 -- on his marriage license order while she appeals to the Supreme Court. Bunning responded hours later, denying that request.

Meanwhile, the Rowan County Attorney's Office said on Friday that it has referred to the Attorney General's Office a charge of official misconduct against Davis. A release from the county attorneys office says Kentucky Bar Association "Rules of the Supreme Court of Kentucky prohibit the Rowan County Attorney's Office from prosecuting Davis" because they are involved in current litigation with Davis.

"Typically, the attorney general's office refers conflict cases to a prosecutor from another county," the release says.

The release says Rowan County Government and the Rowan County Attorney's Office cannot take any other action against Kim Davis.

"Kentucky state government is the only entity that can move to have Kim Davis removed as Rowan County Clerk," the release says.

A spokeswoman for the attorney generals office told WKYT they are looking into the matter.

The referral of charges comes after Davis refused to issue a marriage license to a same-sex couple Thursday morning.

Earlier Friday, several people showed up to the clerk's office to rally outside the courthouse. Their presence was strong early Friday morning, but it calmed down toward lunch time.

Still, the group supporting same sex marriage, which has been meeting for two months now, was joined by a group of protesters.

The group supporting Davis also welcomed Casey County Clerk Casey Davis, who stopped in Rowan County during his bike ride from Pikeville to Paducah in support of county clerks who say the Supreme Court ruling goes against their religious beliefs.

The Rowan County Clerk came outside to welcome Casey Davis, who began his trek Thursday morning. The Casey County Clerk showed some emotion as he spoke about his journey. The two of them, who are not related, but say they are brother and sister in Christ, spent about 30 minutes inside the Rowan County Clerk's office.

"I don't hate these people. Kim doesn't hate these people. Kim is not trying to keep them from getting what they want," Casey Davis said. "I mean, I've ridden a bike across how many counties? They can drive in a car much easier today and go get that if that's what they want."

Mary Hargis, who supports same sex marriage, said she was there Friday to show "we support our LBGT community and we want them to know that we care and every time they walk through those doors and are denied we are here for them."

While the rally for the clerks wrapped up after the two met, those supporting same sex marriage say they will be outside the courthouse as long as the clerks office is open.

A rally in support of gay marriage is scheduled for 9 a.m. to noon Saturday outside the Rowan County courthouse.

Kim Davis files for extension

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