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Dist. Judge York is Asked to Resign in Wake of Nader Ruling
http://abqjournal.com/cgi-bin/print_it.pl?page=/elex/225473elex09-19-04.htm ^ | 9/19/04 | Andy Lenderman

Posted on 09/19/2004 11:18:11 AM PDT by USA_Soccer

A Republican state senator from Roswell and several people from other political parties on Saturday called for state District Court Judge Wendy York to resign.

Democratic presidential candidate John Kerry's federal disclosure records show a $1,000 campaign contribution earlier this year from Wendy E. York of Albuquerque. Meanwhile, the judge ruled Friday that Ralph Nader cannot run in New Mexico as an independent presidential candidate, knocking him off the state's Nov. 2 ballot.

State judges may contribute to a political organization, according to New Mexico's Code of Judicial Conduct. But York should have recused herself from the Nader case, state Sen. Rod Adair, R-Roswell, said.

(Excerpt) Read more at abqjournal.com ...


TOPICS: Extended News; News/Current Events; Politics/Elections; US: New Mexico
KEYWORDS: 2004electionfraud; activistjudges; ballotaccess; brownshirtsforkerry; corruptjudges; donors; govwatch; greerhascompany; judge; judicialtyranny; kerry; kerrycampaign; nader; newmexico; ralphnader; thefixisin
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1 posted on 09/19/2004 11:18:12 AM PDT by USA_Soccer
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To: USA_Soccer

The fix is in, it always is in NM.


2 posted on 09/19/2004 11:18:58 AM PDT by Tijeras_Slim (Post #47: Note to Big Brother... the Memory Hole is Officialy CLOSED!)
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To: USA_Soccer

The corruption of the judicial branch is unbelievable


3 posted on 09/19/2004 11:21:39 AM PDT by eclectic
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To: USA_Soccer


This needs to be BIG NEWS!

MEGA-


Stay Strong,
Fuzzy122

4 posted on 09/19/2004 11:23:06 AM PDT by fuzzy122 (GBGB [God Bless George Bush] and the Armed Forces ... Arnold and Zell too!)
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To: fuzzy122

Judge Wendy York
Division XII
P.O. Box 488
Albuquerque, NM 87103-0488
Phone: 505-841-7434, Fax: 505-841-5457


Show time!


5 posted on 09/19/2004 11:24:59 AM PDT by DAC22
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To: USA_Soccer; MistyCA; SwatTeam; Ragtime Cowgirl; Ditter; JohnHuang2; Cincinatus' Wife


This needs to be BIG NEWS!

MEGA-


Stay Strong,
Fuzzy122

6 posted on 09/19/2004 11:26:16 AM PDT by fuzzy122 (GBGB [God Bless George Bush] and the Armed Forces ... Arnold and Zell too!)
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To: MistyCA; SwatTeam; Ragtime Cowgirl; Ditter; JohnHuang2; Cincinatus' Wife


This needs to be BIG NEWS!

MEGA-


Stay Strong,
Fuzzy122

7 posted on 09/19/2004 11:26:44 AM PDT by fuzzy122 (GBGB [God Bless George Bush] and the Armed Forces ... Arnold and Zell too!)
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To: fuzzy122

I left a message, join the fun

Judge Wendy York
Division XII
P.O. Box 488
Albuquerque, NM 87103-0488
Phone: 505-841-7434, Fax: 505-841-5457


Show time!



8 posted on 09/19/2004 11:28:15 AM PDT by DAC22
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To: USA_Soccer
Nothin' t' be seein' here. I`m sure th' judge didn`t let his swabbieal preferences clout his interpretation o' th' law. Judges be above that sort o' thing. Why don`t we just mone on from all this?
Ya swabbie!

-Red Davey Rackham
9 posted on 09/19/2004 11:28:20 AM PDT by Clinging Bitterly (Most 1973 typewriters didn't, and in 2004 this tag line still won't superscript!)
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To: USA_Soccer

come on....no judge would be that stupid.


10 posted on 09/19/2004 11:28:27 AM PDT by Drango (PJs? Never. FReep in the "Buff")
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To: DAC22


Judge Wendy York
Division XII
P.O. Box 488
Albuquerque, NM 87103-0488
Phone: 505-841-7434, Fax: 505-841-5457

MEGA-

Stay Strong
Fuzzy

11 posted on 09/19/2004 11:29:18 AM PDT by fuzzy122 (GBGB [God Bless George Bush] and the Armed Forces ... Arnold and Zell too!)
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To: USA_Soccer

Not surprising! The RAT party has huge influences in NM.


12 posted on 09/19/2004 11:29:54 AM PDT by NRA2BFree (Never frown, even when you are sad, because you never know who is falling in love with your smile.)
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To: USA_Soccer
Shouldn't a judge recuse him/herself in such a case?

Oh, wait, I forgot...normal ethical standards don't apply to Democrats.

Just another reason I am, happily, a
Recovering_Democrat.

13 posted on 09/19/2004 11:30:47 AM PDT by Recovering_Democrat (I'm so glad to no longer be associated with the Party of Dependence on Government!)
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To: USA_Soccer

Wow. That's pretty brazen.


14 posted on 09/19/2004 11:33:39 AM PDT by Psycho_Bunny
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To: eclectic
The corruption of the judicial branch is unbelievable

I used to be all for Judges when described by the adjective 'Hanging'.

Perhaps the time has come to start thinking in terms of using it as a verb.

15 posted on 09/19/2004 11:33:57 AM PDT by Bloody Sam Roberts (If you decide to kick the tiger in the ass...you'd better be prepared to deal with the teeth.)
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To: USA_Soccer

Several other judges recused themselves on this case.
I wonder if it was even possible to find a "non-political"
judge to hear it.

> York ruled Friday that because Nader is affiliated with
> political parties in other states, including the Reform
> Party, he cannot run as an independent in New Mexico.

As usual with the legacy media, they've provided no useful
background or context in which we can assess this ruling.

What is the relevant state law?
What is the caselaw?

And since this was just a District judge, I assume many
appeals await.


16 posted on 09/19/2004 11:34:43 AM PDT by Boundless
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To: USA_Soccer

Please include the original title, author and date when posting articles.
Thanks.


17 posted on 09/19/2004 11:34:59 AM PDT by Admin Moderator
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To: USA_Soccer

The Secretary of State had put his name on the ballot, as an independent candidate. The Democrats argued that Nader wasn’t an independent candidate since he was the candidate of the Reform Party in other states. (Do we notice an inconsistency in the Democrat argument in New Mexico relative to their argument in Colorado and Florida, concerning the Reform Party?) The judge (a Democrat) said, sure, take Nader’s name off. The Secretary of State (another Democrat) said, no reason to wait for an appeal, let’s go ahead a print the ballots right now.

The New Mexico decision is likely to be overturned (perhaps after the election), as it is well-established that candidates of parties recognized in some states can gain ballot status through petitioning as an independent candidate in other states, and in particular in the state of New Mexico.

Nader, for example, in on the Michigan ballot, among other ballots, as an independent (since the Secretary of State could not determine which claimant represents the Reform Party in that state). Yet, he is on the ballot in Alaska as the Populist Party candidate. He sought, but was not endorsed by the Peace & Freedom Party and the Natural Law Party. I should point out the Libertarian Party candidate is on the Ohio ballot and perhaps others as an independent.

Nader himself is a life-long registered independent (i.e., his jurisdiction records party affiliation or independent status in conjunction with registering people to vote), although he was, four years ago, the candidate of the Green Party.

The prior New Mexico law barred independents from the ballot altogether. It was declared unconstitutional in 1976, when Eugene McCarthy ran for president as “an independent.” He had been formerly affiliated with the Democratic Party, and in that year was endorsed by, and appeared on the ballot in some other states as the candidate of a minor party.

Subsequently, New Mexico changed its law so as to make it possible, although relatively difficult for an independent candidate to appear on its ballot. Under this law, John Anderson in 1980 and Ross Perot in 1992 appeared on this state’s ballot as an independent. Each of these two persons appeared, in those years, on the ballots of other states as candidates of small parties.

Thus, by prior practice, there was no "gray area" in the law in New Mexico concerning candidates who were independent under the meaning of the law in that state, while on the ballot as candidates of small parties elsewhere in the country.

The judge erred, and her ruling should be vacated, and the Secretary of State should be ordered to put Nader's name on the ballot.

Lawrence Tribe is the Harvard University professor of constitutional law who is carrying water for the Democrats this year to keep Ralph Nader off the ballot. I used to think of him as a liberal, not as a party hack.

He formerly held to the theory that the right to vote was so fundamental that unless everyone had an equal right to vote, that any deadline for counting votes was “arbitrary.” Certainly you remember the case in which he made this argument, Bush v. Gore.

(I should point out that, contrary to Professor Tribe's argument, it is well-established that there is a compelling state interest in definitiveness in our elections. Therefore, deadlines are not arbitrary. It is subject to the compelling state interest in definitiveness that every reasonable effort must be made to assure an equal right to right.)

I thought Lawrence Tribe meant what he said in Bush v. Gore because he, at least, actually believed “every vote should count.” But, no, not when comes to counting the votes of non-Democratic Party candidates.

Professor (and - hopefully - never to be Supreme Court justice) Lawrence Tribe has revealed himself to be nothing more than a tool in the hands of Terry McAuliffe, who will argue whatever might he might, even to the point of contradicting himself in different venues (that the Reform Party is not a real political party, in Colorado and Florida, and that it is, in New Mexico).


18 posted on 09/19/2004 11:36:47 AM PDT by Redmen4ever
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To: USA_Soccer; 06isweak; 0scill8r; 100American; 100%FEDUP; 101st-Eagle; 101stSignal; 101viking; ...

This looks BIG. Judge caught buttering some bread....for Kerry


19 posted on 09/19/2004 11:36:50 AM PDT by MistyCA
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To: USA_Soccer

"York was the fifth judge assigned to the Nader lawsuit in Albuquerque, court records show.
District Court Judges William F. Lang, Linda M. Vanzi, Geraldine E. Rivera and Robert L. Thompson were recused, excused or challenged, court records show."

What is up with New Mexico judges?


20 posted on 09/19/2004 11:42:25 AM PDT by nonkultur
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