Lawrence County Common Pleas Judge Richard Walton today signed a motion for a stay of execution of his order giving Rock Hill School Superintendent Lloyd Evans his job back.

The stay of execution was filed by attorneys for the Rock Hill School Board in Lawrence County Common Pleas Court Dec. 30, the same day the board officially filed its appeal of Walton's November 2003 decision in which he ruled that Evans had a valid contract with the district and was entitled to return as Rock Hill superintendent.

Walton pointed out that state law gives judges no discretion in granting such stays, only power to set bond in cases where stays of execution are requested. Walton said in this case, there is no bond required because the school board is a public entity, a point with which board attorney Peter Lusenhop concurred.

"The stay is granted as a matter of right in virtually all cases in which an appeal is filed," board attorney Peter Lusenhop explained. "It preserves the status quo pending the outcome of the appeal."

The board voted 3-2 late last month to file an appeal of Walton's ruling, just days after the Lawrence County Educational Service Center Board handed the reins of the school district back to the local board.

Who, then, would be superintendent of the Rock Hill district in the interim while the case is making its way through the courts? Board president Lavetta Sites said the board must explore its options on the matter before making a decision.

Several calls were placed to Evans and his attorney, Richard Meyers. They were not available for comment.