Jim Brannon, through his attorney Starr Kelso, has appealed the November 4, 2010, judgment issued by Senior Judge Charles Hosack in the Coeur d’Alene City election contest. The appeal is to the Idaho Supreme Court.
Here is the appeal document filed today. It identifies the issues on appeal and speaks for itself.
For those interested in better understanding the process of an appeal to the Idaho Supreme Court, here is a link to the Idaho Appellate Pro Se Handbook. It explains the process is layman’s terms.
The decision to appeal the District Court’s judgment was based on the same thoughtful analysis and deliberation of facts and law as was used in making the decision to contest the election in November 2009.
Quick question: Will the District Court case (motions and hearing on 12/07) still be heard?
Comment by Stebbijo — November 15, 2010 @ 5:49 pm
Stebbijo,
As far as I know, yes. However, you might want to keep a watch on ISTARS in case that changes.
Comment by Bill — November 15, 2010 @ 7:10 pm
Bill, we’re just getting back home today, so maybe I missed something, but I’m wondering how this appeal interacts with the motion Jim Brannon and Starr Kelso filed about a week or so ago to have the Election Challenge retried at the district level? Can the retrial motion and the appeal to the Supreme Court go forward at the same time?
Comment by mary — November 16, 2010 @ 12:27 pm
Mary,
I don’t have a specific answer to your questions in #3. The election laws (Title 34 written by the Legislature) have one set of requirements, whereas the Idaho Rules of Civil Procedure (written by the Idaho Supreme Court) have some variations. When there is a fork in the road, it is not possible to simultaneously go in both directions. It’s like being between the dog and the fire hydrant.
Comment by Bill — November 16, 2010 @ 3:35 pm
LOL! Now, that is a vision! I wonder who and what judicial committee will be formed to address that dog and fire hydrant issue?
Comment by Stebbijo — November 16, 2010 @ 4:24 pm
Stebbijo,
The problem is that the various branches of state government have failed to reconcile conflicts between statutes and rules. The Idaho Legislature has failed miserably to update its statutes. The Executive and Judicial Departments should be bringing these conflicts to the Legislative Department for reconciliation, but either they’re not or the Legislature simply doesn’t want to do its job.
Comment by Bill — November 16, 2010 @ 4:31 pm
Hey, we don’t need no dang statutes! It’s an Idaho Constituional right for our judicial branch to ignore them! Then and if one of those pesky statutes like Title 9 (evidence) gets in the way, the judical branch just forms a new committee and tweaks the rules so they can get the public to waive their rights to due process (family law rule) via the recommended and appointed members – no public input or hearing necessary. That is how it works. Our legislature and executive branches both work for our judicial system either because they are ‘ah sceered’ or they are dumber than a box of rocks. Probably both.
Comment by Stebbijo — November 16, 2010 @ 5:08 pm