I don’t think the author understands the procedure in GA. There isn’t going to be a contempt order issued. The judge is an Administrative Law Judge. He will make a decision without hearing Obama’s defense because none was offered and the plaintiffs didn’t want a default judgment issued in their favor. (They wanted to enter evidence into th legal record.)
The ALJ’s decision, as I understand the procedure, will simply be a recommendation to the Secretary of State on whether or not Obama is qualified to be on the ballot based on the evidence presented at the hearing (not on evidence not presented). I believe Obama may appeal if he wants to do so, but I do not believe the ALJ’s decision is binding upon the GA SoS. The SoS will consider the ALJ’s recommendation and then come to his own legal decision, which is binding upon Obama and which he can also appeal.
Obama’s attorneys, IMHO, weren’t ignoring the ALJ. They simply don’t care what he recommends to the SoS. Obama is obviously confident that the SoS will not rule him ineligible. And if he does, Obama will appeal. So, in short, why bother with the ALJ in the first place?
The author is Van Irion.
I think he does have a pretty good idea.....
Shoot! I had added this in... but snafu.... THe SOS sent it to the ALJ I think to diffuse some of the pressure on HIM. I do not know the rules of the court in Georgia, but I presume that Van Irion does given that he is one of the three attorneys involved.
One can only hope. Alabama is next!
“I don’t think the author understands the procedure in GA”
You may be right. For one thing the author talks about the disregard for the “judical branch”. One problem, the Office of State Administrative Hearings is not part of the Judical Branch, it is part of the Executive Branch.
Ҥ 50-13-40 Office created; chief state administrative law judge
(a) There is created within the executive branch of state government the Office of State Administrative Hearings.”
The Governor appoints a chief state administrative law judge.
“(b) The head of the office shall be the chief state administrative law judge who shall be appointed by the Governor”
The chief state administrative law judge then hires additional judges to handle the cases.
“(e)(1) The chief state administrative law judge shall have the power to employ full-time assistant administrative law judges who shall exercise the powers conferred upon the chief state administrative law judge in all administrative cases assigned to them.”
http://law.justia.com/codes/georgia/2010/title-50/chapter-13/article-2/50-13-40/
There is also this:
§ 50-13-13.
“(7) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the contested case is being heard for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.”
http://law.justia.com/codes/georgia/2006/50/50-13-13.html
I don’t believe anyone filed a Motion to Compel with the Superior Court.