LOGAN COUNTY, KY—A home school mom in Russellville, Kentucky, was spared jail December 11 when a circuit court judge lifted an arrest warrant for contempt of court issued against her by a lower court.

The mother’s 14-year-old daughter was also protected from an order to have the child picked up and detained.

The daughter had been ordered by the district court on November 16 to return to public school. The court issued the order after a school official made an unofficial visit to the judge complaining of further absences.

District Court Judge Sue Carol Browning cited the mother for contempt without conducting a hearing to first examine the evidence and give the mother a chance to explain her behavior.

David Gordon, an attorney with the Home School Legal Defense Association, told the circuit court that by state law Judge Browning should have provided notice to the mother, and given her an opportunity to give the district court her side of the story before issuing a warrant.

Seventh Judicial Circuit Court Judge Tyler Gill agreed, ruling that Judge Browning did not follow the due process of law required by Kentucky state law. Judge Gill nullified the pickup order and the arrest warrant.

Following the circuit court’s decision, Judge Browning must review the contempt proceedings by giving the mother and daughter an opportunity to be heard.

Logan County public school officials had earlier alleged that the student had been truant, even though the mother maintains that she provided the school district with a proper notice of intent to home school.

Local school officials remain intent on pursuing truancy charges against the student. The trial is scheduled for December 21.

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