A second attempt to remove Dawn Fink from the Potter County
district attorney ballot has failed.

An order filed Monday in Potter County Court dismissed a
complaint filed on Sept. 22 regarding matters which the court
apparently disposed of earlier this year.

The complaint, filed by citizens of Potter County, sought to
have Fink “ineligible to be the district attorney of Potter County”
and name current DA Jeff Leber as the winner of the Republican and
Democratic primary.

The order, however, signed by Judge J. Michael Williamson of
Clinton County, said these issues were previously addressed in the
matter regarding Fink’s nomination. Potter County Judge John Leete
recused himself from the case.

“All of the allegations set forth in the new complaint were
fully litigated and resolved in favor of (Fink) in the previous
proceeding … declining to set aside the nomination petition of Dawn
Fink,” the order said.

“While the current plaintiffs were not parties to the previous
proceeding, the issue involved, the eligibility of (Fink) to assume
the Office of District Attorney of Potter County, has been resolved
by our previous order from which no appeal was taken.

The order was dismissed “sua sponte,” meaning voluntarily or of
its own will or motion, according to Black’s Law Dictionary. No
hearing was held in the matter.

In March, Williamson ruled in favor of Fink when a group
challenged her eligibility to run for Potter County DA. Williamson
based his ruling on Fink’s testimony that she moved to Potter
County Oct. 31. A candidate has to live in a county for one year
prior to the general election.

The general election will be held Nov. 8.

In a March hearing, Leber, who has been DA since 1981, showed
documents that Fink voted in Port Allegany Nov. 2, but had not
filed an affirmation that she was exercising her “fail safe” or
“last vote” privilege as a former resident who had just moved out
of the voting precinct. He also showed that Fink did not change her
voting registration from McKean to Potter County until the time the
nominating petitions began to circulate in February.

At the end of that hearing, Leber said he was “pleased” because
the judge determined that Fink was a resident of Potter County,
putting the debate to bed.