Erica Williams recall, Montgomery County, Virginia (2016)

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Montgomery County Circuit Court Clerk recall
Officeholders
Erica Williams
Recall status
Did not go to a vote
See also
Recall overview Political recall efforts, 2016 Recalls in Virginia Virginia recall laws County official recalls Recall reports

An effort to recall Erica Williams from her position as Montgomery County circuit court clerk in Virginia was launched in January 2016. On October 17, 2016, a judge threw out the recall petitions. The order stated that they were invalid because those who signed it were not under oath and were not aware that they were signing under penalty of perjury. "My judgement does require that each petitioner sign under the penalty of perjury," ruled Judge William Alexander. "They have not done that and therefore, I think, the motion to quash should be granted on basis and that basis alone."

The recall was initiated when Williams decided not to reappoint four out of nine of her deputy clerks. A fifth subsequently refused to be reappointed. The recall petition also accused Williams of compromising the security of the courthouse after hours and intimidating her staff into voting for her. An additional allegation blamed her for missing office funds.

Williams was re-elected to a second term in November 2015.

Recall supporters

During the Board of Supervisors meeting on January 11, 2016, almost 150 people attended to voice disapproval over Williams' decision not to reappoint the deputy clerks. James Willis, the recall organizer, told the board that he had started a recall petition. "It is my belief that Erica Williams did act in a way that constituted not only an abuse of her office, it also demonstrated incompetence in the performance of her duties, and in doing so has had and continues to have a material adverse effect upon the conduct of the office," he said. Willis is the publisher of the New River Dispatch.

Although the majority of Williams' salary comes from the state, the county does provide a supplement using local tax money. In February 2016 the Board of Supervisors voted 4-3 along partisan lines to remove the $21,770 supplement. The four Republicans voted in favor of removing the supplement, and the three Democrats voted against it. Williams' salary from the state is $123,775.

Recall opponents

Erica Williams' response

Williams issued a statement on January 15, 2016:

“ When I met you on the campaign trail, I made you certain promises. I promised you that I would continue to build upon the achievements of my prior term. I promised you that I would continue to work to improve the efficiency of the Clerk's office. I promised you that I would continue to serve all of the citizens of this County and the patrons of the Clerk's office in the manner in which you had become accustomed: with courtesy, with respect, and with the friendliness that has become the hallmark of this office. I was honored that you chose to put your faith in me for a second term. As 2015 began to wind down, I reflected on those campaign promises. I looked for ways to build upon the accomplishments that we had made. I turned to the members of my staff, who spend every day serving you, and I asked them, "What can we do to make this a better place?" Specifically, I asked each of them how they would improve our office and what role they would like to play in that process. Because my goal was to assemble a team of individuals who wanted to improve upon and expand the services we provide, I asked them for their ideas for projects or programs we could implement that would not only improve the efficiency and quality of service we provide for others but also improve the quality of our work experience as a team. Each member of the staff who desired appointment for the new term submitted a written statement of interest. I then met with each one to discuss their written submissions and to ask tough questions designed to elicit an honest self-assessment of each person's performance as a deputy clerk. Naturally, I also considered past performance, including both accolades and performance issues which had arisen during the course of the past year. My goal was to be fair to each candidate while also being faithful to my duties to serve the public and honoring my campaign promises. During this process, certain trends began to emerge that gave rise to the employment decisions which I ultimately made. I know those decisions have not been popular with some. My decisions not to reappoint four staff members were not made hastily, nor did I not take those actions lightly. I made those decisions only after much careful thought, quiet contemplation, and regard for the needs of all of the citizens of Montgomery County. Unfortunately, I am in a position where I cannot comment fully or specifically address everyone's concerns about those employment decisions because to do so would require me to address personnel matters, which I am not at liberty to discuss. The privacy rights of my current and former employees are paramount. Therefore, I cannot comment further other than to say each member of my staff was independently evaluated, and the merits of each individual were fully considered. You re-elected me in November because you know who I am. You know my goals and aspirations for this office, and you trust me to provide the exceptional public service that you deserve and have come to expect. Your trust has not been misplaced. I am very excited about the direction we are taking in the Clerk's office. I am very excited about the new staff members who are joining us and the skills and experience they are going to bring to the office. You are all invited to come to the Clerk's office any time to meet our team and to observe first-hand the new initiatives we will be implementing. I promise that you will be treated to the same levels of excellence that you have come to know and expect from me and my dedicated and hard-working staff. ” —Erica Williams

After petitions began circulating on January 16 with additional allegations beyond the issue of the deputy clerks, Williams made further statements in an email. "I vehemently deny any wrongdoing," she wrote. She said that the accusations were lies and that recall promoters were asking people to commit perjury by signing the petition.

“	The petition makes allegations that I have never heard before, but I stand by my past record and performance. I am, however, concerned that citizens who are upset over my decision to not re-appoint certain deputy clerks are being asked to sign a petition that contains verifiably false statements under penalty of perjury.	”
—Erica Williams

Roanoke Times editorial

On February 12, 2016, the Roanoke Times published an editorial titled "Our view: Trying to make sense of Montgomery County clerk dispute." The paper argued that the grievances with Williams are political ones, so they should be addressed not with a recall attempt, but at the ballots when her term ends. Below is an excerpt from the article:

“	This petition drive is a fundamentally bad idea for two reasons, and not just because it smacks of political opportunism. The first is philosophical: Democracy is not well-served if election results can be overturned; we need to give elected officials time to make even unpopular decisions that might play out well in the end. We set terms for a reason. The second is legal: Unlike other states, Virginia properly sets a high bar for removing someone from office. The key language here is “for neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office.” That is plainly not the case here. Williams may have made what to many is an unpopular decision, but deeds are still being filed, marriage licenses still being issued. This is ultimately a political dispute that ought to be settled in the political realm, which means the voting booth. That’s not a satisfying answer to opponents because eight years is a long time to wait, but life is often unfair.	”
—Roanoke Times editorial, February 12, 2016

Path to the ballot

See also: Laws governing recall in Virginia

Unlike other states that hold recall elections, when citizens have petitioned for a recall in Virginia, it is then sent to the state Circuit Courts for trial. Proponents needed 1,848 valid signatures—10 percent of the total number of voters in the most recent election for the circuit court clerk—to trigger a recall trial for Williams.

The necessary amount of signatures were collected and approved in order to trigger a recall trial for Williams. In June 2016, the chief judge of the Virginia Supreme Court assigned retired judge William Alexander to hear the case. During the court hearing on October 17, 2016, the judge threw out the petitions for Williams' recall because they were not signed "under penalty of perjury."

Recent news

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Erica Williams recall, Montgomery County, Virginia (2016) - Google News

See also

Suggest a link

• Recall campaigns in Virginia
• Political recall efforts, 2016
• Special district recalls

External links

• Montgomery County Clerk of Circuit Court
• Erica Williams Recall page on Facebook