Heather McCroan chimed in below with this update on the recall effort:
For those of you who are wondering about Judge Tracy Moulton shutting us down because of Res Judicata.
You see, at the beginning of the hearing, the judge said he wouldn’t hear any evidence prior to his last decision on October 22, 2004, which was the date he issued his order for the prior recall hearing. Thank goodness I read all the case law I could get my hands on prior to our first hearing so when I heard that statement by the judge, I knew I had to go searching. I finally found what I was looking for today. Here is the link: COLLINS et al. v. MORRIS et al.
Basically it states that even though a previous recall application was found to be legally insufficient, it cannot affect the hearing of a new recall application.
If you’ll read further you’ll note something that our fantastic attorney, Richard Thornton, made a big deal of in court, which is that the hearing is about minimal due process. In the case I had noted above it talks about how the voters are to be the ultimate decision makers regarding a recall, not the courts.
So read and praise the Web site www.lawskills.com for providing free access to the annotated versions of the Recall Act of 1989. While you’re there, think about making a small donation to them because they’ve saved our behinds!
I’ll keep you updated when we get the transcript from the court. I’d like to post it online so if you weren’t there, you can read it for yourself. I’ll also let you know how our proposed orders are going.
Thanks for all your support, and we’ll continue to work hard for this recall!
Any election attorney should know, and the judge should know, that Res Judicata is not at issue in a recall case. Certainly a recall proponent cannot keep coming back with the same issues that lost the last time, but the judge should throw them out on probable cause grounds, not res judicata grounds. The recall process is suppose to be designed for citizen participation and is not suppose to be a lawyer windfall opportunity.