Kentucky Attorney General Scott Conway issued a brief statement saying he will not prosecute Kim Davis for official misconduct “at this time.” He did not, however, dismiss the request to appoint a special prosecutor, but merely announced through a spokesperson he was holding it “in abeyance for now” according to local Kentucky media:
“Judge Bunning and the federal court have control of this matter, and therefore a special state prosecutor is not necessary at this time,” Conway spokeswoman Allison Gardner Martin said. “We are holding the request in abeyance for now.”
The lawyer for one same-sex couple denied a license said they were hoping for a criminal investigation:
“We would like to have seen a prosecutor explore the possibility of criminal charges, but we’ll let the civil lawsuits proceed,” said Rene Heinrich, a lawyer for Yates and Smith.
Jack Conway, a Democrat (as is Kim Davis), is running for governor of Kentucky to replace Gov. Steve Beshear, a Democrat who has repeatedly declined to use the state RFRA laws to fashion the kind of accommodation Judge Bunning eventually imposed.
Maggie Gallagher is a senior fellow at American Principles in Action.