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OpenCdA.com has learned that District Court Judge Benjamin Simpson disqualified himself on Tuesday from Jim Brannon’s election contest lawsuit. It will now fall on administrative Judge John Mitchell to assign a new judge.
Today’s Coeur d’Alene Press published Lisa’s and my letter to the editor explaining why we have asked the District Court to allow us to join Jim Brannon’s election contest lawsuit as intervenors. Here is a link to the letter. We wrote the body of the letter but not the title.
Well, I am finally, “speechless in Coeur d’Alene.” Well, almost speechless.
Great letter, Bill and Lisa. I agree the title was not quite right – I would have gone with something like Citizens Join Brannon Lawsuit – something more tasteful on the side of the elector. You and Lisa are right, our votes are being stolen and it is disgusting while our elected public officials act complacently.
But, it looks like Judge Simpson may have finally got it and was not complacent and he acted accordingly.
Wow.
Comment by Stebbijo — April 14, 2010 @ 8:02 am
To all Kennedy Fans out there, buckle your seat belts a little tighter because the truth is fixing on derailing your ride.
Comment by WannaBe JD — April 14, 2010 @ 8:20 am
Re: Simpson…Yesssssssss! Was a reason given by him for his recusal? Other than the ubiquitous conflict of interest (which certainly applied). Still, I keep thinking “be careful what you wish for”. I know something about Judge Scott Wayman and he would be an excellent choice. The fear, of course, is “they” would get another “ole boy” to sit on this case. I do think the Canadian address item got through to Simpson. Wouldn’t want to explain that would you Judge.
Great letter….kudos to you and Lisa.
Comment by rochereau — April 14, 2010 @ 8:35 am
Judge Simpson has done considerable damage to this case by dismissing the city from the lawsuit. I hope that whichever judge is assigned this case will overturn this ruling. Many thanks to Bill and Lisa, Starr Kelso and the Brannons. Gutsy!
Comment by doubleseetripleeye — April 14, 2010 @ 8:37 am
rochereau,
Thank you.
I believe that Wayman is only a magistrate judge, and the case is in the District Court.
Comment by Bill — April 14, 2010 @ 8:44 am
2c3i,
Thank you, too.
We’ll have to see how long it takes to appoint a new judge and then how long it takes the new judge to come up to speed on the election contest. This is a very complex case that requires an experienced, scholarly judge with even judicial temperament.
Comment by Bill — April 14, 2010 @ 8:47 am
Thanks to those fighting the good fight. Yes, the city needs to be included in this lawsuit.
How I’d love to be a fly on the wall as the LCDC head-shed ponders this latest threat to their influence. At some point surely they will run out of judges. (and potentially a sitting city councilman)
Comment by CDAShenanigans — April 14, 2010 @ 9:22 am
Well done, Bill and Lisa! Thank you for stepping forward and standing with the Brannons.
Any legal voter has the right to join this lawsuit because it is not about candidates campaigning for an election. The election is over and the city council has been sworn in. This lawsuit is about the accuracy and integrity of the last election, which is an issue any and all valid voters can choose to be part of.
Comment by mary — April 14, 2010 @ 9:26 am
Mary,
Thank you. You’ve hit the nail squarely on the head: The election contest is about the integrity of the election process, not about who won or lost. The next time around, the vote could be a one vote separation or even a tie. The integrity of the election process demands that every election be administered with the diligence and care on the presumption that the election will end in a tie and every voter’s qualifications will be examined. “Close enough” is not good enough.
Comment by Bill — April 14, 2010 @ 9:35 am
So now Kennedy’s biggest groupie; DFO from the Spokane paper is saying that people from OpenCDA have made vicious attacks on his (Simpson’s)wife and that is why the judge quit. It would seem that judge would just quit the bench if he were really that worried about his wife’s welfare.
http://www.spokesman.com/blogs/hbo/2010/apr/14/simpson-withdraws-bannon-case/#comments
I’m sure this is very credible insight as all of DFOs rumors turn out to be. DFO has already relegated coverage of the Judge quitting way down on the page so that he can force it off the page all together by placing a few more trivial entries above it. A trick he uses often when he wants to control his blind sheep followers by feeding them the news that he chooses to feed them. If the news were that Mike Kennedy bowled a strike at a charity event or the mayor has a new hair style it would remain as top story for several days.
Comment by CDAShenanigans — April 14, 2010 @ 11:45 am
I hope the local media continues to pursue this story. Mr. English continues to admit to mistakes in the election administration. Illegal voters have chosen to whine on the blogs. Judge Mitchell, choose the next judge carefully.
Comment by doubleseetripleeye — April 14, 2010 @ 12:02 pm
I do not read DFO. Stupidity and smut aren’t high on my agenda. But, I do not remember any “attacks” on Mrs. Simpson on this site. Since when does a given fact become an attack? The voter in Canada gave Mrs. Simpsons address as his own. Simple fact. But now, this accusation of attack asks the question, if this was simply coincidence, why not so state (Judge Simpson)?
It is my experience that DFO himself goes on the attack as his tactic of choice. Reminiscent of that nasty little child all of us have met in childhood, that sneered I didn’t do it, you did it.
Comment by rochereau — April 14, 2010 @ 2:00 pm
DFO has became a patsy. His agenda is to back his friends whether the facts support them or not. He is quickly becoming a non player in this town.
Comment by WannaBe JD — April 14, 2010 @ 2:43 pm
rochereau,
DFO is “spinning” it – that is what he does. He’s the shock job who manufactures news to keep the emotional roller coaster in a screamfest. He doesn’t examine facts and he deliberately stays away from those that thwart his underlying agenda.
There are no attacks on Judge Simpson and his wife. It’s all common sense and finally the judge is stepping away from any hint of impropriety – maybe- because it is what he is supposed to do? The Judicial Code of Conduct -Cannons 1 and 2 are pretty clear. Maybe, we will get an explanation out of this as to why the judge’s wife and others have this address from Alan Friend who voted from Canada. Maybe that will come out later.
Judge Simpson was astute enough to remove himself from the case – finally. He should have done it sooner. With that said, we really do not know why he disqualified himself.
The justice system cannot risk the possibility of bias in our courts by allowing their spouses to sit on Idaho Supreme Court Committees in my opinion. We have corruption and bribery laws that specifically address second-degree nepotism in our state/county/city governments – but it’s okay at the Supreme Court level? NOT! Is this the fault of Judge Simpson? I don’t think so but he is part of it. They all know better. It is the fault of the entire justice system for not speaking up and pointing this out – but who would do that and risk their career? Nobody. I believe some of these legal professionals get so entrenched in their careers while they are surrounded by attorneys and their ilk who will protect their every move and they just work it all together with no fear of public disapproval.
The process of selecting Idaho Supreme Court Committee members needs to be addressed and the public needs to be included. This case is a perfect example why it needs to be done. I don’t think the “Friend” connection is nearly as volatile as the judge’s wife’s connection to our entire bevy of Idaho judges in this state -at this point. She sits on the same committee as our own Supreme Court Justice Burdick and retired chair Justice Copple Trout (who ran against Star Kelso as Supreme Court Judge) who I also believe still hears cases – among other magistrates and members of the Idaho Judicial Council. That is just plain WRONG! Both spouses on that committee (Doug Copsey, spouse to Judge Copsey) need to withdraw and in their place other credentialed professionals can be appointed who can gather the information to facilitate the wellness of judges and their families. Nepotism does not serve our justice system.
The next judge needs to be chosen very carefully for sure.
Comment by Stebbijo — April 14, 2010 @ 3:03 pm
WBJD, I suspect he (DFO) has never really been a player in this town. He wants to be(a player) but he actually is simply a tool to be used. Pathetically, he doesn’t realize this. The CDA powers that be, use him and laugh behind his back. He so wants to be included with the “in crowd”. The SR punished him in a very public manner when they dropped him from the masthead and marginalized him with his sad little internet message board. I suspect he has always been a bitter person and now that bitterness comes out as vitriol. Just a no talent, backwater hack. Of absolutely no importance.
Comment by rochereau — April 14, 2010 @ 3:03 pm
Does anyone have any thoughts on who the new judge will be? As far as I can tell, the only ones remaining in the First District are Verby, Gibler, Haynes, Luster, and Hosack. Mitchell already DQ’d himself early on. Verby is from Bonner County and Gibler is from Shoshone County.
But there is another option altogether. If the administrative judge (Mitchell) wanted to, he could ask the Idaho Supreme Court to appoint a judge from outside this area.
Comment by Bill — April 14, 2010 @ 4:09 pm
I think Haynes might be an okay choice, unless he decided to recuse himself for reasons unknown. I am pretty sure he knows what a felony crime is. 🙂
Comment by Stebbijo — April 14, 2010 @ 4:36 pm
DFO is doing his best to keep his job long enough to hit retirement and will say anything to attract “hits” to his blog. And shamefully, our Mayor and Council members are friends with him.
The following comments are from his own people getting tired of his ridiculous lies, attacks, and intimidations:
“Brent Andrews on March 01 at 10:47 a.m.”
“Such is the nature of the conversation that has been encouraged on this blog – ridiculous and withering personal attacks that ignore the issue at hand and go straight for the throat. That’s a great way to stop the accusations and humiliate the whistle-blowers, but not a great way to get to the truth.”
“Taryn Hecker on February 08 at 1:34 p.m.”
“You want to be part of HBO you’ll need to tuck the horns in a bit.”
“Translation: Blindly believe and agree with everything that DFO or Phaedrus post. If you don’t share their opinion, then you’re just a loon or an idiot, a racist, an OpenCdA’er, a city-hater, or a sissy-pants whiner. Dave’s blog, Dave’s rules.”
Comment by LTR — April 14, 2010 @ 5:46 pm