A Sacramento judge on Wednesday ruled that votes for Jerry Brown as attorney general should be counted, delivering a blow to a long-shot bid by Republican officials to have the Oakland mayor declared ineligible for the office.
Brown, the frontrunner in the race against Fresno state Sen. Chuck Poochigian, hailed the decision as proof that the suit was a political stunt.
It's an "incompetent effort to sabotage the democratic process and the judge summarily threw it out by saying come in after the election," he said in a phone interview.
The suit asked that Brown's votes not be counted because he does not meet the qualification that an attorney general be "admitted to practice" before the Supreme Court of the state for a period of at least five years. Brown, a former secretary of state and two-term governor, was admitted to the California State Bar in 1965. But he went on "inactive" status in January 1997 and did not reactivate until May 1, 2003, meaning he has only been on active status for 3 1/2 years.
Superior Court Judge Shelleyanne W. L. Chang did not rule on the merits of the case. Rather, she told attorneys in a private meeting that the suit should follow the normal procedures that it not be heard until 16 days after the defendant is served with the suit, which has not happened yet.
The decision means the plaintiffs would have to contest the Nov. 7 election -- if Brown wins -- rather than seek to have the votes left uncounted.
Bad News ping!
http://www.sacbar.org/members/saclawyer/may_june2003/chang.html
Newly-appointed Sacramento Superior Court Judge Shelleyanne W. L. Chang is a soft-spoken, unpretentious, slender woman of medium stature. She is eminently gracious and friendly. Born in Hawaii to third generation Chinese-Americans from Guangchou (formerly Canton), South China, Judge Chang grew up predominantly in the San Fernando Valley of Los Angeles. She attended the University of Washington, the alma mater of both her parents, and, thereafter, opted for McGeorge Law School because of its international law program.
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Before her December 19, 2002 appointment, Judge Chang served as the Chief Deputy Legal Affairs Secretary for Governor Gray Davis. In that capacity, she advised the Governor and his staff on legal issues and pending litigation, provided direction to the Attorney General's Office on litigation involving the Governor, and reviewed and analyzed proposed legislation.
The activists focused their challenge on Brown's eligibility under a state law requiring that an attorney general be "admitted to practice" for five years immediately preceding election.
If the above rule applies
Why was Brown allowed on the ballot in the first place?