[
According to a reliable source, Judge John Mitchell has disqualified himself from the lawsuit filed by Jim Brannon to contest the city election on November 3. Judge Mitchell cited personal associations with some of the principals in the case. His disqualification had not been requested by Jim Brannon. It is speculated that one of the First District Court judges from out of the area will be brought in to hear the lawsuit in Coeur d’Alene.
I don’t even think you could get a fair hearing at the Supreme Court level. There are just too many people who know each other and are connected in some way within our judicial system. Idaho is just too “tight.” It will be interesting to see who actually gets the case, they may all have to recuse themselves.
Comment by Stebbijo — December 5, 2009 @ 6:22 am
Stebbijo,
Speculation is that Verby from Sandpoint or Gibler from Shoshone County would come in to hear it. Assuming the information I received is accurate, that Judge Mitchell disqualified himself, then both the plaintiff and the defendants still have one disqualification available to them. Because contested elections are so rare in Idaho, it ought to be a very interesting lawsuit to follow.
Comment by Bill — December 5, 2009 @ 7:17 am
That’s interesting.
Verby recused/disqualified himself when I filed a District Public Reoords case in Sandpoint, Idaho – Bonner County -(where the original records resided). So, I went before a Kootenai County District Judge. I don’t know exactly why he disqualifed himself.
I find it entertaining, I guess, that Verby would not take my very simple public records case but could actually get this very high profile elections case because he is not connected to anyone in it? Shoshone County is most likely not far enough away,either.
This is going to be a great case, and so is the NIC one.
Comment by Stebbijo — December 5, 2009 @ 9:53 am