Earlier this week Judge Elsenheimer of the 13th Circuit Court ordered disclosure of the now-infamous “Kelly Document.” TCAPS Board President Sue Kelly says that they don’t plan to appeal, even though their attorney asked about appealing on the record. So why haven’t we yet laid eyes on the document that supposedly prompted Ann Cardon’s departure from TCAPS?
Courts speak through their written orders. It’s one thing for a judge to say something on the record, and it’s another thing for the judge to sign a written order. The written order is what matters. So when Judge Elsenheimer ordered the Plaintiff in the case to prepare a written order, that only started a process that may result in all of us seeing the Kelly document, eventually.
There are a few ways to finalize the order. First, the parties can agree to the language in the order. That’s the fastest way, so TCAPS isn’t doing that. Second, the plaintiff can submit an order and wait out the objection period. TCAPS can object to the order within the prescribed time frame (a week), and that prompts a hearing with Judge Elsenheimer about what Judge Elsenheimer said. Third, they can have a hearing about what Judge Elsenheimer said. Then, TCAPS might appeal in a desperate attempt to continue to block the release of the document.
In other words, it still might be a while before we actually see the Kelly document. If TCAPS really was just waiting for a court order, like Sue Kelly said was the stumbling block, they would have released the document immediately after the hearing. What are they hiding?
We’ll wait. We can’t wait.