Wednesday, July 24, 2013

3d DCA Watch -- Spence Jones Was "Elected and Qualified"!



It's been a fairly slow day in the bunker, perhaps it's the nature of summer judiciating, or perhaps the lingering aftereffects of that marathon, all-night "Naked and Afraid" theme party.

(I gotta get back to the mechanical room, build my stamina).

Either way, you know what they say, what happens in the bunker......

Spence Jones v. Dunn:

A simple question of clear statutory language:
Conspicuously absent from this list of qualifications is any mention of a gubernatorial suspension pursuant to section 112.51. Under the charter, such suspension does not disqualify a person from seeking election to the office of City Commissioner. Indeed, while suspended, Commissioner Spence-Jones qualified under the Charter and was elected to fill her own vacancy, only to be once again suspended by the governor. Thus, even though suspended, she was “qualified” to seek and obtain election. The term limitation cannot be read to permit a commissioner to seek election to a third consecutive term simply because, although elected and qualified for two full terms, the commissioner failed to serve each day of those terms.

We conclude Commissioner Spence-Jones was elected and qualified, within the meaning of the charter, to two full terms despite her temporary suspension. Accordingly, she is barred from seeking reelection for a third consecutive term.
Scott v. Darling:

Sheesh, are lawyers supposed to be math wizards too?

I thought we became lawyers to avoid all that hard stuff (numbers):
The order appealed was rendered on June 11, 2012, and the notice of appeal was filed on April 10, 2013.
Yeah, so?  What am I missing?

6 comments:

Anonymous said...

Details on the tribe lawyers perp walk!

Godwhacker said...

If God wanted us naked, we'd be born that way.

Anonymous said...

The appellant was pro se. Explains the seriously out-of-time appeal. It'd be hard to imagine a lawyer who'd do such a thing.

Anonymous said...

Failed one state's bar exam - about to get disbarred in another!! Details!

Ernesto Goldfish fan club said...

Details on Ernesto. His fame is spreading!

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