Skip to main content

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?


  1. Details on the tribe lawyers perp walk!

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

  3. 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.

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

  5. Ernesto Goldfish fan clubJuly 25, 2013 at 7:44 AM

    Details on Ernesto. His fame is spreading!

  6. Quite right! I like your idea. I suggest to take out for the general discussion.
    christiaankr bb4arg48


Post a Comment

Popular posts from this blog

My Kind of Federal Judge!

Sure we have Scott Rothstein and his lovely Tom James clothier Romina Sifuentes, but Louisiana has ED LA judge G. Thomas Porteous Jr.:
A federal judge from Louisiana who had run up big gambling debts routinely solicited money and gifts from lawyers with cases before his court, Congressional investigators said Tuesday as the House opened impeachment hearings in the judge’s case. The judge, G. Thomas Porteous Jr. of Federal District Court, had more than $150,000 in credit card debt by 2000, mostly for cash advances spent in casinos, investigators said. Judge Porteous’s requests for cash became so frequent that one New Orleans lawyer said he started trying to dodge the judge.“He began to use excuses that he needed it for tuition, he needed it for living expenses,” the lawyer, Robert Creely, told a House Judiciary Committee task force. “I would avoid him until I couldn’t avoid him anymore.”
Mr. Creely said he and his law partner, Jacob Amato, gave Judge Porteous an estimated $20,000 o…

Honoring Richard C. Seavey

I drank a shit-ton of bourbon last night. Enough to float a battleship.

My head hurts. But not as much as my heart.

We lost another lawyer over the weekend. Not someone who will receive facebook accolades and other public claims of friendship and statements that he shaped and changed lives and careers. Just a guy who did the best he could with what he had. Every day. And he did very, very well to be the best person he could be. 
Richard Seavey was a profoundly private person. In his 49 years, he walked through more than his share of trials and tribulations, mostly asking for no help, leaning on no one. 

Richard was a fantastic lawyer. He could try a case. He could "litigate" a case. He could mediate and settle a case. He was nuanced. He bent but never broke. The blustery Miami lawyer never scared him. To the contrary, he found humor in it, studying it like a science project. Richard never got too high or too low. He was good at lawyering, but you got the f…

First Carnival Triumph Lawsuit on File!

It was filed in the SD FL (of course) and is pending before Judge Graham.

Check it out here.

The lawyer on the pleading is Marcus R. Spagnoletti.