DrjonesUSA
02-10-2007, 03:19 PM
Darn. At least they're going to appeal it.
http://www.insidebayarea.com/oaklandtribune/localnews/ci_5201111
Judge dismisses suit against Brown
Plaintiffs vow to appeal; attorney general calls claim 'political stunt' by GOP officials
By Josh Richman, STAFF WRITER
Inside Bay Area
Article Last Updated:02/10/2007 03:50:54 AM PST
A Sacramento judge on Friday dismissed an attempt by some Republican officials to disqualify Jerry Brown from serving as California's attorney general.
Brown, who was sworn in a month ago, declared victory and derided the lawsuit, brought by Contra Costa County Republican Central Committee chairman and state GOP vice-chair candidate Tom Del Beccaro, as nothing more than "a political stunt by a Republican office seeker."
"It's a profound disrespect to the judicial system to subsume it into his campaign to be vice chair of the state Republican Party. ... It's a frivolous case," Brown said Friday. "It's unfortunate that they're not listening to Gov. Schwarzenegger's call for 'post-partisan politics.' This is what I call 'Neanderthal partisan politics.' ... All they're doing is abusing the judicial process for raw political gain."
Del Beccaro said he and his fellow plaintiffs will appeal Sacramento County Superior Court Judge Gail Ohanesian's ruling.
"It is a difficult prospect to expect a Superior Court judge to take a very strong position and unseat a sitting attorney general. ... We expect to win at the appeals level," he said. "We think the higher up it goes, they're going to rely on the Supreme Court case law instead of reading between lines that don't exist."
The lawsuit still hinges on CaliforniaGovernment Code section 12503, which says, "No person shall be eligible to the office of Attorney General unless he shall have been admitted to practice before the Supreme Court of the state for a period of at least five years immediately preceding his election or appointment to such office."
Brown earned a degree from Yale Law School in 1964 was admitted to the State Bar of California in June 1965 but was an "inactive member" from Jan. 1, 1997, through May 1, 2003, bar records show. "Inactive members have chosen this status voluntarily and may transfer to active at any time upon request," the bar's Web site says.
"Defendant Brown was required to have been an uninterrupted, active member of the State Bar of California since approximately June 6, 2001, for him to have been eligible to take office as the California Attorney General," the lawsuit says.
Besides Del Beccaro, the lawsuit's other plaintiffs are Yolo County GOP Chair Mark Pruner; Los Gatos attorney David Prince; Sacramento County GOP committee member Carl Burton; and Adam Abrahms, chairman of the California Republican Lawyers Association's Los Angeles County chapter.
Ohanesian was appointed to the bench by former Republican Gov. George Deukmejian. She ordered the plaintiffs to pay Brown's legal costs, and Brown noted Friday: "We intend to collect promptly."
Brown defeated termed-out state Sen. Chuck Poochigian,
R-Fresno, who got 38 percent of the vote.
Contact Josh Richman at jrichman@angnewspapers.com or (510) 208-6428. Read the Political Blotter at InsideBayArea.com.
http://www.insidebayarea.com/oaklandtribune/localnews/ci_5201111
Judge dismisses suit against Brown
Plaintiffs vow to appeal; attorney general calls claim 'political stunt' by GOP officials
By Josh Richman, STAFF WRITER
Inside Bay Area
Article Last Updated:02/10/2007 03:50:54 AM PST
A Sacramento judge on Friday dismissed an attempt by some Republican officials to disqualify Jerry Brown from serving as California's attorney general.
Brown, who was sworn in a month ago, declared victory and derided the lawsuit, brought by Contra Costa County Republican Central Committee chairman and state GOP vice-chair candidate Tom Del Beccaro, as nothing more than "a political stunt by a Republican office seeker."
"It's a profound disrespect to the judicial system to subsume it into his campaign to be vice chair of the state Republican Party. ... It's a frivolous case," Brown said Friday. "It's unfortunate that they're not listening to Gov. Schwarzenegger's call for 'post-partisan politics.' This is what I call 'Neanderthal partisan politics.' ... All they're doing is abusing the judicial process for raw political gain."
Del Beccaro said he and his fellow plaintiffs will appeal Sacramento County Superior Court Judge Gail Ohanesian's ruling.
"It is a difficult prospect to expect a Superior Court judge to take a very strong position and unseat a sitting attorney general. ... We expect to win at the appeals level," he said. "We think the higher up it goes, they're going to rely on the Supreme Court case law instead of reading between lines that don't exist."
The lawsuit still hinges on CaliforniaGovernment Code section 12503, which says, "No person shall be eligible to the office of Attorney General unless he shall have been admitted to practice before the Supreme Court of the state for a period of at least five years immediately preceding his election or appointment to such office."
Brown earned a degree from Yale Law School in 1964 was admitted to the State Bar of California in June 1965 but was an "inactive member" from Jan. 1, 1997, through May 1, 2003, bar records show. "Inactive members have chosen this status voluntarily and may transfer to active at any time upon request," the bar's Web site says.
"Defendant Brown was required to have been an uninterrupted, active member of the State Bar of California since approximately June 6, 2001, for him to have been eligible to take office as the California Attorney General," the lawsuit says.
Besides Del Beccaro, the lawsuit's other plaintiffs are Yolo County GOP Chair Mark Pruner; Los Gatos attorney David Prince; Sacramento County GOP committee member Carl Burton; and Adam Abrahms, chairman of the California Republican Lawyers Association's Los Angeles County chapter.
Ohanesian was appointed to the bench by former Republican Gov. George Deukmejian. She ordered the plaintiffs to pay Brown's legal costs, and Brown noted Friday: "We intend to collect promptly."
Brown defeated termed-out state Sen. Chuck Poochigian,
R-Fresno, who got 38 percent of the vote.
Contact Josh Richman at jrichman@angnewspapers.com or (510) 208-6428. Read the Political Blotter at InsideBayArea.com.