DATE: Wednesday, September 10, 1997         TAG: 9709100514

SECTION: LOCAL                   PAGE: B5   EDITION: FINAL 

SOURCE: BY MARC DAVIS, STAFF WRITER 

DATELINE: NORFOLK                           LENGTH:   57 lines

FORMER JUDGE'S SUIT TO GET BACK ON BALLOT STILL DANGLES IN COURT

Luther Edmonds' effort to get back on the Nov. 4 election ballot was left dangling on a slender thread Tuesday after a federal court hearing.

First, Edmonds dropped his demand for $1 million in damages from state and local election officials. They had tossed Edmonds off the ballot in June, saying his candidate petitions were invalid.

Then, Judge Henry C. Morgan Jr. dismissed two counts of Edmonds' four-count civil-rights lawsuit against the election officials.

Finally, Morgan let Edmonds proceed with the rest of the lawsuit - but only after questioning why Edmonds has delayed the case and warning Edmonds that it will be ``very difficult'' for him to win.

Edmonds, 54, is a former Norfolk Circuit Court judge. He resigned last year while under investigation for misconduct.

Now, Edmonds says he is a write-in candidate for the state House of Delegates against incumbent Del. William P. Robinson Jr. Edmonds was thrown off the ballot June 10. Election officials ruled that he moved into Robinson's district too late to witness voter signatures on his own petition.

Edmonds seeks a court order restoring his name to the ballot. He has no lawyer; he represents himself.

The election is less than two months away, but no date is set for an injunction hearing. Instead, Morgan ordered written briefs filed by Sept. 25, followed by a hearing soon after.

In court Tuesday, Morgan asked Edmonds why he waited so long to ask for a preliminary injunction. Edmonds filed that request Aug. 21.

``What did you do between June 10 (when he was thrown off the ballot) and Aug. 21?'' Morgan asked.

``I've been trying to organize a write-in campaign, which, as you know, is very difficult to do,'' Edmonds replied.

Also in court Tuesday, a lawyer for the state accused Edmonds of conducting a vendetta against Robinson and others.

Gregory E. Lucyk, senior assistant attorney general, said Edmonds' candidacy and lawsuit are part of a campaign to ``get even'' with people he dislikes. He said Edmonds is running against Robinson ``to teach him a lesson'' because Robinson did not support him when Edmonds was under investigation last year.

After the court hearing, as the two lawyers packed away their papers, Edmonds responded to Lucyk, ``I don't feel that way about Billy.'' Lucyk just shook his head and did not answer.

Edmonds has an unrelated lawsuit pending in the same federal court. He is suing his former colleagues, Norfolk Circuit Court judges, and the state judicial commission. He claims they illegally forced him out of office last year. The judges and commission, however, say Edmonds resigned voluntarily in the middle of a misconduct hearing.

In that case, a hearing is set for next Wednesday in Richmond. The judges and judicial commission will ask that Edmonds' lawsuit be dismissed and that Edmonds be fined for filing a frivolous case. ILLUSTRATION: Luther Edmonds wants to run in November for the

General Assembly seat now held by Del. William P. Robinson Jr.

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