Justice Moyers to Arneback: Your Fancy-Pants Legal Language :-D

[KittyWampus]

We have the writer for the Nashua Advocate on DU! Here's a piece he just alerted us to... it's must read

http://www.nashuaadvocate.blogspot.com/

News: Election 2004: Ohio Chief Justice to Arneback: Your Fancy-Pants Legal Language Taxes My Intellect, Please Rephrase Your Suit in Simple Language
By ADVOCATE STAFF

In an embarrassment to competent lawyers nationwide, the top Republican in Ohio's judicial branch, Supreme Court Chief Justice Thomas Moyer, has temporarily thrown out a contest of election filed by Alliance for Democracy attorney Clifford Arneback because the judge erroneously thought Attorney Arneback was contesting his own election to a fourth term as Chief Justice.

The contest of election alleges that John F. Kerry should have received more votes in Ohio than "official" tallies suggest, given that a little-known Democratic candidate for Chief Justice, C. Ellen Connally -- whom Moyer defeated on November 2nd, 2004, to keep his job as Chief Justice -- inexplicably received more votes than the well-funded, nationally-recognized Kerry in more than a dozen counties.

Competent lawyers reviewing the Alliance for Democracy lawsuit were aware that Attorney Arneback was citing the Moyer-Connally results as correct -- and Ohio's Bush-Kerry vote totals as incorrect.

Attorney Arneback is expected to re-file the suit shortly, using monosyllabic words and elementary, easily-digested sentence structures.

.

[KittyWampus]

1. Addendum from the news editor

.

[texpatriot2004]

2. You know those bushies like to keep it simple, real basic

"re-file using monosyllabic words and elementary, easily-digested sentence structures."

That's great! I love that. What a riot.

Keep it simple for stupid people.

[IAMREALITY]

3. Holy Fuck That Is TOO GODDAMN FUNNY!

Let's See Them Post That Shit On Drudge! LOL

[buzzard]

20. It's a joke isn't it??

[HeeBGBz]

4. Oh where did you buy your law degree then?

That is so freakin sadly humorous.

[seito]

5. L.M.A.O. n/t

[mdb]

6. Get serious.

[Doctor O]

7. If you read Arnebecks filing

He was asking the court to deduct 260,000 + votes to his opposition and instruct Blackwell to issue an election certificate declaring Connally the judgeship. With this in consideration, the Nashua Advocate fucked up. Though it was funny.

[KittyWampus]

10. Regardless, Moyers Should've Recused Himself Then

either way, he messed up.

[Peace Patriot]

25. Exactly...

Arnebeck's lawsuit challenged both the Prez and Chief Justice Moyer's elections on 11/2/04. Ohio law says that the Chief Justice is not supposed to preside over a case challenging his own election, and must not choose the judge who does so. The Governor is supposed to choose that judge. Yet Moyer went right ahead and made this ruling on a case in which he is a named defendant re: his own election.

He says, in the ruling, that's he's only ruling on the Prez part of the case (dismissing it out, "without prejudice"--meaning it can be refiled as a separate case), but the case he ruled on was ONE CASE when he ruled on it, and he is one of the defendants. And he still is--on the case he just ruled on.

I first thought this was hair-splitting. But I've now read the ruling three times, and I think he just plain broke Ohio law. How can he make rulings of any kind on his own case--particularly a ruling that could affect the outcome (separating it from the Prez case and their common set of facts)?

[Straight Shooter]

8. Maybe it was too much of a "challange" for the Honorable Thomas Moyer.

If you all know what I mean ;)

[Kralizec]

9. LOL! That is funny. Poor guy thought he was going to fire himself. HA! n/t

[regularjoe]

11. What was that talk about contesting 2 on purpose to force recusement?

I'm not sure recusement is a word, oh well. Now to the point. Earlier people were saying Arnebeck contested 2 elections in 1 to cause the Chief Justice to recuse himself from both elections. Was that just someone's imagination inventing a good reason for the apparent 2 contests when it is actually just 1 contest? I'm getting a little confused. Does anyone know of a website where Arnebeck's people make press releases so we can get a primary source talking about this?

regularjoe

[Doctor O]

12. Here is the language in the complaint asking the court to throw

out moyer and install Connally

2. Wherefore Contestors ask the Court to set a hearing as provided in R.C. §3515.10. Contestors further ask the Court to determine that the number of votes affected by the irregularities identified herein are sufficient to declare Ellen Connally the winner of the position of Chief Justice of the Ohio Supreme Court for the term commencing on January 1, 2005, and that the certificates of election to Thomas Moyer be cancelled by operation of law as set forth in R.C. §3515.14, or, in the alternative, that such irregularities, errors, frauds, and mistakes make the results of the election so uncertain that the Court should order the results of the election be set aside pursuant to R.C. §3515.14.

[nashuaadvocate]

15. Request --

Dr. O,

Can you direct us at The Advocate to where you found that language? According to the copy of Moss v. Bush we have, that language does not appear. The document we have appears to be a complete document.

TNE

[Doctor O]

19. Here is the link

It was in 'Prayer For Relief" Item 2. Just above the signature block.

http://freepress.org/images/departments/Election_Contest.pdf

[nashuaadvocate]

21. Thanks

Dr. O...BuzzFlash.com has the Motion for TRO, but not the official contest of election. We had not seen the official contest itself -- and are surprised that the Motion for TRO is so dramatically different from the contest. What The Advocate wrote regarding the content of the Motion for TRO was correct -- it was not correct regarding the contest of election, apparently, so we will retract the story pending further review.

Thank you for the correction.

The News Editor
The Nashua Advocate
http://www.nashuaadvocate.blogspot.com/

[KittyWampus]

26. Dear News Editor, Regardless Of The Incomplete Assessment...

IT was the best laugh I've had in months.

Will check your website again in the future for more intersting pieces.

It's an honor to have you post here.

[nashuaadvocate]

16. Request --

Dr. O,

Can you direct us at The Advocate to where you found that language? According to the copy of Moss v. Bush we have, that language does not appear. The document we have appears to be a complete document.

TNE

[Doctor O]

13. Dupe

[seabeyond]

14. bush says lets be stupid

you read you are an elitist

that is just damn sad

[intelle]

17. This is hilarious!

ROFLMAO!!:7

[Farmgirl]

18. Well, maybe B*sh got one more vote...

Okay, so B*sh got ONE more vote...



:kick:

[Shalom]

24. Hysterical...He Must Be Using "Optical Scanning" !!! nt

[carolinalady]

22. I hope he is a Republican. Too embarassing... n/t

[Pooka Fey]

23. LMAO LMAO LMFAO !!!

[Lisabtrucking]

27. I just have to say HAAHAAHAAHAA, maybe six grade language

would be better. What a dumb ass.

[Snivi Yllom]

28. this writer got it wrong, Arnebeck was contesting 2 elections

http://story.news.yahoo.com/news?tmpl=story&cid=694&ncid=703&e=2&u=/ap/20041216/ap_on_el_pr/ohio_vote

"Arnebeck said that while he believes he is permitted to contest two elections with a common set of facts, "we're going to go with the flow." Filing the challenge again on Friday would depend on gathering the voters' signatures again, he said. "

[texpatriot2004]

29. It doesn't matter, Moyers was still wrong not to recuse himself

it's an ethics violation...not that any Rethug cares about ethics anymore, but he could be reprimanded.

[Snivi Yllom]

33. thats a different question

[Bill Bored]

30. I think this is right because

there were some counties in which Moyer got more votes than Shrub.

[Bill Bored]

31. There ought to be a law...

...that you can't HACK more than ONE election at a time! ;-)

[texpatriot2004]

32. Thanks for the laugh out loud Bill Bored. That would definitely

cut the confusion way down. You know how liars can't seem to keep them all straight.