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Scuba

(53,475 posts)
Sat Feb 4, 2012, 02:01 PM Feb 2012

Appeals Court Orders Waukesha Judge To give Wisconsin Dems a Do-Over on Signature Review Case

http://www.bluecheddar.net/?p=18187


Waukesha Judge J. Mac Davis is being forced into a do-over. The supposedly non-partisan judge petulantly refused to hear from any party other than Friends of Scott Walker in a lawsuit over how Walker’s recall signatures are being counted. Now an appeals court is forcing Judge Davis to redo the same case. Davis is a former Republican state senator (1983-1990). To note: Just because he is in Waukesha County does not mean he has a tricorner hat in the closet and a Gadsen flag hanging from his porch –it just increases the odds by a thousand percent.

You may remember that Davis not only refused to allow non-GOP parties a voice in that trial, he also ignored the law concerning review of recall petitions. In previous Wisconsin recalls, if you were a Wisconsin politician fighting a recall, that was your own damn problem.

From truthout, “State statute Section 9.10(2)(g) states [emphasis added] that the “burden of proof for any challenge [of a petition signature] rests with the individual bringing the challenge.” 9.10(2)(h) mandates that any “challenge to the validity of signatures on the petition shall be presented by affidavit or other supporting evidence.”"

Or in other words, up to and including last summer’s senate recalls,the burden of proof (and the cost) to challenge recall petition signatures fell on the individual challenging. Judge Davis reversed that in his ruling, placing the responsibility to challenge signatures on the Government Accountability Board. That also placed the expense of challenging signatures on every Wisconsin tax payer instead of the politician facing the recall. Consdidering that Walker gets to raise unlmited sums of cash during this recall petition counting time period, there is no reason for him to rush the process.




This is good news as it may thwart one of the Repukes delaying strategies.
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Appeals Court Orders Waukesha Judge To give Wisconsin Dems a Do-Over on Signature Review Case (Original Post) Scuba Feb 2012 OP
Hmmm...can you recall a blatantly partisan judge? toddwv Feb 2012 #1
You can recall any elected official dragonlady Feb 2012 #2
I'm not sure why this appeal would not allow another judge to hear this case? midnight Feb 2012 #3
They normally remand it back to the same judge Sanity Claws Feb 2012 #4
It seems odd to me. Do they think this judge will change his opinion? midnight Feb 2012 #5
No Sanity Claws Feb 2012 #6

dragonlady

(3,577 posts)
2. You can recall any elected official
Sat Feb 4, 2012, 03:27 PM
Feb 2012

If you get enough signatures and enough votes in a recall election. Not as easy in Waukesha County as statewide, though.

midnight

(26,624 posts)
3. I'm not sure why this appeal would not allow another judge to hear this case?
Sat Feb 4, 2012, 08:56 PM
Feb 2012

Why is the appeal judge putting in back into a court of a judge who doesn't follow the law...

Sanity Claws

(21,846 posts)
6. No
Sun Feb 5, 2012, 04:20 PM
Feb 2012

but he will phrase his holding in terms that the higher court said it would find acceptable. If he is unable or unwilling to do that, then the case will go up again and the higher court may not remand to him.

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