Lynchburg Circuit judge Frederick Watson said Friday there was enough disputes to move the case forward.
Sheri Kelly, an attorney in the Virginia attorney general’s office who represents Harrison, said Harrison was responsible for exercising contempt for an attorney with the prosecutor to represent DSS on all care cases.
Kelly also questioned the legality of Erwin’s prohibitive letters, arguing that Harrison’s letter was neither case-bound nor considered an official order. Therefore, she said, the document was only used as a warning and the scripture had no legal status.
“The ban is not the only option here or the appropriate measure here,” said Kelly.
Referring to a similar case heard in the Virginia Supreme Court, Kelly said the judges decided not to uphold the ban because it was unrelated to a specific case.
In a letter accompanying the order, Harrison said he had repeatedly clarified his position, but his “verdict” was ignored and it was a “great injustice” for the city, the child and the department that DSS does not represent allow.
“If you are a recipient of this letter, it will read like an order,” said Watson. “”[It] sure smells like that. “