Today in federal court, Judge Roslyn Silver indicated that Ed Foster and Mark Orgeron had the power of office from the moment they were elected, and assumed the duties of office at the next regularly scheduled council meeting. They needed to do nothing, to take no legal action, and could have just marched in to town hall and sat down in their seats. However she thanked them for not getting into a fist fight over physical possesion of the chairs.
She stopped short of issuing a ruling to that effect today, and allowed the attorneys a few days for both parties to file a written argument about jurisdiction to rule on the town's violation of the Voting Rights Act. Judge Silver will rule after the July 20th deadline. The decision is not expected to take long.
Vice Mayor Barbara Cowell did not file a response to La Paz County Attorney Sam Vederman's Quo Warranto action in superior court, so he filed for a default summary judgement. A ruling on that motion is expected about the same time as the federal ruling.
Defiance of either court ruling could land Vice Mayor Cowell and her co conspirators in jail for contempt.
The merits of the election challenge between John Prutch and Mike Jewitt is currently being considered by the appeals court.
One thing is certain, Quartzsite will be the talk around the water cooler in law offices for some time to come.
Given that Judge Silver said both Councilman-elect Orgeron and Mayor-elect Foster should have been seated after the election, does she have the authority to void all action by the Council from the time the Council refused to seat these men until now?
ReplyDeleteIt seems to me that an implication of her statement (and presumed upcoming ruling) is that these men (and the citizens) were deprived of their civil rights when the Council prevented them from representing the people. That the Council, by excluding duly elected members from its meetings, have been meeting and acting unlawfully. Which should mean, by extension, that any business it has conducted since then must also be unlawful by definition. And therefore, null & void. (Like the contract extension it gave Taft.)
Does Judge Silver have the authority to retroactively restore Councilman Orgeron's rights back to the June meeting? Or will this take another lawsuit?
Finally, the wheels of justice are turning, and these wheels will turn into a steamroller! It took a Federal Court, NOT a bunch of back-scratching, invested, and entrenched criminals to 'call a spade a spade'.
ReplyDeleteThis will only be a beginning. Let's see if these criminals flee to Canada. Quartzsite gets snow birds. Canada will get jail birds. Not exactly an even trade.
Just one word....WONDERFUL!
ReplyDeleteIf Judge Silver said that Foster and Orgeron had the power of office from the moment they were elected and thanked them for not getting into a fist fight over it, bringing their fight to court instead, will she award Orgeron attorney fees because he was forced to spend his money to bring this action?
ReplyDeleteIt's a good thing Mr. Orgeron can afford justice. But it would be a travesty of justice if he wins his case but isn't recompensed because the Town caused him to bring it. Especially considering the Town did it in bad faith.
Thank Goodness
ReplyDeleteAwarding of fees is a civil action, not criminal.
ReplyDeleteI think the Key words that I heard from the hearing was from Judge Silver when she stated that she could hear this case in her Court due to the “Voters Civil Rights Violations”! We could be seeing the groundwork from this U.S. Federal Court where the U.S. DOJ steps in and brings Civil Right Complaints against Town Manager Alex Taft, Asst-Mgr Al Johnson, Town Attorney Martin E. Brannan, and each and EVERY Council Member that voted to disqualify Mayor-Elect Ed Foster and Councilman-Elect Mark Orgeron before sending them all off to a Federal Prison. Don’t believe me, then just look at what the U.S. DOJ did in the Rodney King Case!
ReplyDeleteFurther Voter Civil Rights Complaints could come from Chief Jeff Gilbert’s abuse of the NCIC and ACJIS. Have you read the Private Investigators letter to Jim Loyd? How did this person get so much information without Chief Jeff Gilbert unlawfully using the NCIC and ACJIS Criminal Computer Data Systems again?
Now it looks like Town Hall has a little Tiger sitting at the Council Meetings in retired Pat Workman. You can read just one of her formal Criminal Complaints against Town Manager Alex Taft (more to come) on our Web Site at aview.info and more!
Get the “Truth,” get the “Facts”!
http://www.aview.info
For many years I've watch our elders fall away from integrity and holding the oath they take in office for granted.
ReplyDeletePat, Mark, Ed, Do a go job for us and our children, our churches have become nomore that religious clubs, Christians gather in small groups where ever possible and fellowship, sing and read the word together and help each other the best they, Speaking for myself, I will pray for you to examine yourself and please do a good job for us, if you truly want to protect the people, forget about the side walks right now and get us some good drinking water please, Pat, I seen you on enternet, I heard you, I knew voting for you, was the right thing to do, Mark, you stand and don't lay down, bite'em if you have too. ED, Lets get it on,You get some help this time, Proverbs said it best when you have had what we had to endure now! IT"S TIME TO TALLY THE BOOKS AND DO IT RIGHT AND GET IT DONE, As far as rights being step on, Don't just take the town to court, I'm sure if these city counsel members if liquidated their asset would be more than enough to help with the problems suffered. One question is it true that Alex Taff and others involved in the voting election wanting to open ballets to pick and choose who was eligible and had rights to vote? This Town of Quartzsite has suffered because of how it has treated people for many years, I hope and pray it is time for a change