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I'm no expert, but it sounds like the judge is going to make Little-Enron-by-the-Sea hold another mayoral election and restrict it to just the top two candidates who win in a new primary and no write-in candidates. The present mayor stays in office until that new election is held.

Can everybody say "next stop: appeals court" or "it's time to fire the City Clerk?"

3 posted on 12/03/2004 11:22:38 AM PST by Mister Sophisticate
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To: Mister Sophisticate
I agree the court sounds like it's leaning towards a favorable ruling.

The City is claiming some future court should hold a trial, claims there's overwhelming latches evidence, judge demands to know what other evidence there would be. City talking latches again. Complaining about costs but judge calls him on why the City would say wait even longer. City lawyer says the judge would know they're right if the judge had more time to consider their information. Judge asks if the code in conflict with the charter is invalid... eventually the city lawyer agrees.

Female judge... why did the clerk decide without benefit of legal advice. Claims the case involving a special election to fill a city council seat, involving a would-be candidate possibly excluded by term limits, and said the city clerk at the sole authority to decide who goes on the ballot.

Female judge emphasizes ONLY TWO. City lawyer asked if charter is ambiguous, he's twisting in the wind saying it's not after just arguing it was! Says the city clerk can't arbitrarily decide who to put on the ballot (i.e. a near 3rd place winner).

6 posted on 12/03/2004 11:34:41 AM PST by newzjunkey ("The rule of law has become confused with - indeed subverted by - the rule of judges." - Robert Bork)
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To: Mister Sophisticate

I totally agree that "it's time to fire the City Clerk" but since he serves are the pleasure of the embattled City Council, what are the chances he'll be held accountable for this "we can be creative too" mess when he can claim a legal fig leaf? Now that we'll have the Democrat's hand-picked Mike Aguire, in there as City Attorney starting Monday, it looks like the Dems have gained major ground in San Diego.


32 posted on 12/03/2004 2:56:40 PM PST by newzjunkey ("The rule of law has become confused with - indeed subverted by - the rule of judges." - Robert Bork)
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To: Mister Sophisticate; eureka!
IN THE YEAR...2000:

What were once routine elections, which were more often than not, decided by the electorate and not black-robed tyrants, will be changed forever...WHEN ALBERT GORE JR. GOES ON THE RAG!

38 posted on 12/03/2004 9:42:40 PM PST by Do not dub me shapka broham
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