Monday, March 22, 2010
Judge Denies King's Request To Halt Recall Effort, Sets Election Date For April 26
Judge tosses Monomi governor's lawsuit, says recall election can go on
TREETON, MONOMI--A state judge has dismissed a lawsuit brought by embattled Monomi Governor Scott King Jr. (NAT), who sought to have a recall effort against him annulled.
The Honorable Judge Gary J. Rice ruled in state court Friday that the recall effort against King was conducted fairly and in accordance with state law, and, despite claims by King's attorneys of errors and wrong-doing by recall supporters, the recall election facing King can go on as planned.
The recall election has already been delayed from its original March 7 date. The new recall election date has been set for April 26, giving both sides "ample time" to argue their case, Rice said.
"I find that there is no legal standing to prevent this recall measure from moving forward, and the complainant has not provided sufficient evidence to justify delaying or annulling this recall election," Rice said in his ruling.
Monomi Secretary of State Sharon Dimaggio (CNS) testified in favor of the recall effort, telling the court that she certified the more than 445,000 of the 532,000 signatures that were submitted to her office.
"In my opinion, this process was conducted within the means of the law," she testified Tuesday.
Recall supporters hailed the court's ruling, calling it "another victory in the long road to removing Scott King from office." Jeff Kinbry, with the group Citizens to Recall Scott King, urged the governor to stop court appeals and let the election take place.
"Scott King and his lawyers are using every appeals process and legal avenue they can to delay and prevent this recall election from happening," Kinbry said on the steps of the courthouse in Treeton. "Governor, you have had your chance to appeal, and now the people want the chance to have their voices heard."
King's legal team expressed disappointment at the court's ruling, but would not comment on if they would appeal the court's decision to the state Supreme Court.
Despite being tainted by criminal investigations into allegations of fraud, bribery and even prostitution, King is still in office, and has resisted calls for his resignation, even from members within his own party, such as Lt. Gov. Erica Kinsley and Congresswoman Mary Kay Allen (N-Skyllings). King was never indicted in either the state or federal investigations, with both federal investigators and Monomi Attorney General Ed Casey (NAT) citing a lack of evidence for an indictment.
Conservatives have accused Casey of protecting King, and the state CNS party has been almost unanimous in its calls for King's resignation. However, only one of Monomi's five senators, Democratic-Reformist Willy Locke, has called for the governor to step down. The other four senators--two Conservative and two Nationalist--have remained neutral throughout the ordeal.
Despite initial support among voters to recall the once-popular King, opinion polls now show voters less inclined to vote in favor of the recall. Many feel the recall process (and impeachment process that occurred simultaneously but ultimately failed in the state legislature) has dragged on too long. King has less than a year left in office, and will be leaving in January 2010 due to term limits.
And if recalled, he will be replaced by Kinsley, whom has faced criticism for her immediate calls for King's resignation, which many believe were motivated by her desire to seek the governor's office in the 2010 election. Kinsley, who, like King, was once popular, now has approval ratings in the negative territory also, as many voters have viewed her icy relationship with King, and perceive her as a power-hungry, ambitious politician who wants to push King out of her way so his scandal won't hurt her political future.
"By the time it's over with, he'll only have six or seven months left in office, and who will we be replacing him with? Erica Kinsley? She's no better than he is," said 71-year-old Russ Wexlehoff, a retired farmer from Teedra.
Conservatives are faring no better in the public opinion arena, however, with many voters believing the opposition party is dragging out the ordeal to maximize political gain and earn more votes in the 2010 election.
"It's become less about restoring the integrity of our government and more about Scott King and Erica Kinsley and the Conservative Party trying to use the scandal for their own gain," said one Treeton resident.
Still, voters will have the final say on April 26, barring an intervention by the state Supreme Court. An appeal by King's legal team to the court could come as early as tomorrow.
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