CA: Sec of State, A.G. Seek to Intervene in Suit Against Jerry Brown (delay until after election?)

Metropolitan News-Enterprise ^ | October 24, 2006 | STEVEN CISCHKE

[calcowgirl]

The California secretary of state, the attorney general, and the state Democratic Party are seeking to intervene in a lawsuit filed by state Republican Party leaders challenging Democratic candidate Jerry Brown’s eligibility to run for state attorney general, Brown’s attorneys said yesterday.

Zachary Wasserman of Wendel, Rosen, Black & Dean in Oakland, representing Brown, told the MetNews that it’s his understanding that attorneys representing plaintiffs Thomas G. Del Beccaro, Contra Costa County Republican Party chairman; Adam C. Abrahms, head of the Los Angeles chapter of the California Republican Lawyers Association; and others, have stipulated that Secretary of State Bruce McPherson and Attorney General Bill Lockyer may intervene in the action filed last week.

Preliminary Injunction

Charles H. Bell of Bell, McAndrews & Hiltachk in Sacramento, attorney for the plaintiffs, said last week he intended to seek an order shortening time yesterday with hopes that his clients’ motion for preliminary injunction could be heard Friday. But Wasserman said everything has been delayed due to the requests to intervene. Wasserman said the application to shorten time has been noticed for this afternoon before Sacramento Superior Court Judge Shelleyanne W.L. Chang. If Chang denies the motion, the court would not be able to hear plaintiff’s motion for a preliminary injunction until after the Nov. 7 election.

But Wasserman said that after the election, a different set of procedural rules apply. The complaint is currently drafted as a taxpayer suit designed to prevent waste which would result from having the votes of an ineligible candidate counted.

Elections Code

After the election, Wasserman said, the plaintiffs would have to follow the procedures for an election challenge under the state’s Elections Code.

The suit claims that Brown, currently mayor of Oakland, fails to qualify under Government Code Sec. 12503, which says:

“No person shall be eligible to the office of Attorney General unless he shall have been admitted to practice before the Supreme Court of the state for a period of at least five years immediately preceding his election or appointment to such office.” Plaintiffs contend the statute requires one to be an active member of the bar during the five year period. Brown’s camp argues the statute only requires that one be a member of the bar during the period.

Brown was initially admitted to the bar in 1965, but went on inactive status from 1997 to May 2003.

State Sen. Chuck Poochigian, R-Fresno, Brown’s challenger in the race, has said he “supports” the suit. Brown’s camp has called it a “desperate dirty trick” by a candidate behind in the polls.

Calls to plaintiffs’ attorney Charles H. Bell of Bell, McAndrews & Hiltachk in Sacramento, and the secretary of state and attorney general offices were not returned.

[calcowgirl]

Ping to new lawsuit news!

Earlier thread:

Atty General and Sec of State join as defendants in lawsuit in Jerry Brown matter

[MNJohnnie]

Mike Savage is not going to be happy about this. Since this supposed "Conservative" talker maxed out his donation to wacko Leftist Jerry Brown this year.

[kingu]

They're going to have to refile as an election challenge - I just don't see how they'll get a court to agree to put in an injunction on this, not with voting already occurring. I think the merits of the case can win, but I just don't see it happening in time to matter.

Now, can someone explain to me why CALGOP isn't running ads bashing Brown over the head on this issue? 'Do you want an Attorney General who ignores the law?' The court of public opinion should be worked on right now. Otherwise, you'll have an angry electorate who will look at the challenge as being yet another 'overturning of their will.'

[Bob]

Brown’s camp argues the statute only requires that one be a member of the bar during the period.

Uhhh -- The wording is "for a period of at least five years", not just at some time during the five year period.

[Ben Mugged]

Doc Savage was in a mood yesterday related to this. He got called on being a single issue contributor. He basically blew up and went on a tirade. Sometimes I doubt his stability.

[calcowgirl]

According to California Code, when an attorney is on inactive status, they are still "a member." The issue is around the phrase "admitted to practice before the Supreme Court of the state for a period of at least five years immediately preceding his election."

Under Brown's interpretation, someone graduating law school and passing the bar in 2000, then immediately going "inactive", never practicing law, could still be eligible to run for Attorney General. That makes no sense to me.

[Carry_Okie]

ElkGroveDan predicted that the game is for Arnold to appoint the AG after the election.

Unlike Poochigian, who is a straight shooter, whoever it is Arnold would appoint will make sure the elites in this state are never busted for the racketeering that is consuming its financial resources.

[AmeriBrit]

He became "inactive" by choice, didn't pay his dues, didn't keep his education up till he decided he wanted to be A.G. and now he wants everyone to ignore the wording "immediately preceding" just to suit him. I think not. If he can't follow the law and read his own candidacy application right, how would he be as an A.G?

[Czar]

Caught it -- thanks.

[Political Junkie Too]

From the linked article:

By agreeing to stipulate to adding those parties, we trust that it will expedite the case and they will not abuse our act of good faith.

We'll see, but I doubt it.

-PJ

[goldstategop]

For the Democrats, a candidate caught breaking the law is not a legal and ethical issue. Its a "dirty political trick" to raise the notion that Jerry Brown has run afoul of the law with his Attorney General candidacy.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

[goldstategop]

Exactly! The law applies specifically to this office and Brown didn't do his homework prior to filing candidacy papers for AG. Its not the voters fault he's ineligible; its his fault if their votes don't count because he broke the law. And the AG is the state's top law enforcement officer and it wouldn't be right to have someone serve who is above the law, right? I can see only one way the courts can rule and that's not good news for Brown. Precedent and case history aren't on his side here.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

[goldstategop]

Thank God we won't get Brown but in all likelihood we will still a liberal as AG.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

[goldstategop]

Jerry Brown, supposedly the smartest guy in California politics has turned out to be the dumbest.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

[calcowgirl]

I'm doubtful, as well. I haven't seen anything coming out of the current AG's office lately that I consider in "good faith."

[MaineVoter2002]

Michael Savage is only a conservative on radio. The man choses to live in San Francisco. What's that tell you. He probably supports Pelosi. He's a satirist (forgive the bad spelling because I heard on the news yesterday that red wine prevents cancer). Dr. Weiner's ok with what he does but PHIL HENDRIE is much better

[goldstategop]

Lockyer is still a Democrat. He's now running for State Treasurer.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

[Political Junkie Too]

Well. I won't put it past the California establishment (including the courts) to say that Brown filed in good faith and therefore, in the interests of California and competitive elections, they'll let him run anyway and let the people decide if his lack of qualifications is really an issue or not.

-PJ

[AmeriBrit]

Jerry Brown's buried past.

Fedora's latest thread.

Very involved but recommended Reading:

Kennedy’s Comrade: Hunting a KGB Mole in the Democratic Party

http://www.freerepublic.com/focus/f-news/1724508/posts?page=110