Judges OK Fontenot running for Eunice mayor

The 3rd Circuit Court of Appeal has upheld a decision in the 27th Judicial District Court that Scott Fontenot is eligible to run for election as mayor in Eunice.
The Court of Appeal issued its ruling Monday in the case that stems from Fontenot’s appointment as mayor following the resignation of former mayor Claud “Rusty” Moody on Oct. 7.
Fontenot was selected by the Eunice Board of Aldermen on Oct. 13 as interim mayor.
On Oct. 13, Fontenot resigned his seat as Ward 4 alderman. The resignation was received by the secretary of state on Oct. 21. Fontenot took his oath of office as mayor on Nov. 10.
The Board of Ethics challenged the legality of Fontenot running for election as mayor in the March 2016 election. The challenge cited time elements in Fontenot’s resignation and appointment.
A trial was held Dec. 14 and the challenge was dismissed.
The ethics board appealed the case the next day to the 3rd Circuit Court of Appeal.
The appellate decision includes a reference to a case where the court stated “... election laws must be interpreted to give the electorate the wildest possible choice of candidates, a person objecting to the candidacy bears the burden of proving that the candidate is disqualified.”
It was also noted the laws should be read to promote rather than defeat candidacy.
The judges found the time period from the termination of the member’s service until the time that he or she is appointed to fill the vacancy in the office of mayor is irrelevant.
The appellate court was made up of Judges Syliva Coos, Phyllis Keaty and John Conery.
The decision was written by Keaty.
Fontenot was represented by Jacque Pucheu Jr. of Pucheau, Pucheau and Robinson of Eunice.