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Ohio Chief Supreme Court Jude Throws out Election Challenge Case In Which He (moved from ATSNN)

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posted on Dec, 18 2004 @ 01:25 PM
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Thomas J. Moyer, an Ohio Supreme Court Judge ran on the Bush-Cheney ticket, refused to recuse himself from a case filed by 40 Ohio citizens. The law alleges fraud in the state presidential election and the election of the Chief Justice Moyer. Moyer threw out the challenge on Thursday stating Ohio law allows only one race to be challenged in a single complaint. A prominent Cleveland lawyer who declined to be named who has a personal relationship with the judge said, I doubt he would do something so unethical.
Clearly there is a mistake because he has the highest integrity and standards

 



www.bluelemur.com

Ohio Chief Supreme Court Jude Throws out Election Challenge Case In Which He Is Named
By Larisa Alexandrovna Staff Writer

Ohio Supreme Court Justice Thomas J. Moyer, who ran on the Bush-Cheney ticket, declined to recuse himself from a case in which he is also one of the named parties, RAW STORY has discovered.
The case, filed by 40 Ohio citizens, alleged fraud in the stares presidential election and the election of the Chief Justice Moyer. Moyer threw out the challenge Thursday, saying, Ohio law allows only one race to be challenged in a single complaint.
RAW STORY spoke with two separate legal experts not associated with the case who declined to be named for concern of their professional careers. A leading Ohio attorney said that he had never heard of such a case, but even if this law exists somewhere, several ethical codes are most certainly and directly violated.
Ohio DR8 of the Ethics Code notes that one must not use his public postion to obtain, or attempt to obtain, a special advantage in legistative matters for himself or for a client under circumstances where he knows or it is obvious that such actions is not in the public interest.
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Please visit the link provided for the complete story.


All I can say is, well I cant and still conform to ATS policy but the Judge takes the cake, does he really think he will get away this? Or is it that he will get away with this? I dont know much about American law but cant he be brought before some sort of commission and reprimanded or something, I just dont see a person able to get away with something of this nature.

Related News Links:
news.yahoo.com




[edit on 18/12/2004 by Sauron]




posted on Dec, 18 2004 @ 02:12 PM
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I don't know about Ohio's Code of Judicial Conduct and rules for attorney discipline but, most likely, even in Ohio the conduct described would subject this judge to the most severe sanctions including removal from office. A judge simply cannot act as judicial officer on a case in which that very judge is a party or in which his interests are directly affected by the outcome. This is a fundamental principle of judicial ethics. Either the facts stated in the article are seriously mistaken or this judge has lost all his marbles and has been unable to gather the ones that matter.



posted on Dec, 18 2004 @ 02:33 PM
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From what I have read it seems that the suit brought by the 40 citizens contains more than one race, which is against Ohio law. Thus, even though the Judge is a party to the lawsuit, unless the lawsuit passes the legal test to be taken to court the Judge does not have to recuse himself. All the citizens have to do is file more than one suit containing challenges to the different races, then the judge will recuse himself on the suit that contains him as a party to the suit. So far he has done nothing illegal or unethical. He just pushed the suit back to the lawyers to adjust so it is compatible with Ohio law.

That is how I read it, but I could be wrong.



posted on Dec, 18 2004 @ 03:29 PM
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double post sorry

[edit on 18/12/2004 by Sauron]



posted on Dec, 18 2004 @ 03:45 PM
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as posted by Sauron
All I can say is, well I cant and still conform to ATS policy but the Judge takes the cake, does he really think he will get away this?


You bet he will "get away" with it. Why? Seems your article presents why:


The lawsuit alleges fraud in the state presidential election and the election of the Chief Justice Moyer.


Contest can be only done for one election process (either Presidential or chief justice, not both at the sametime), not multiples together (in one case, they must be separate).

Personally, whats with all the uproar anyhow, refile (redraft it and resubmit) it separately.





seekerof



posted on Dec, 18 2004 @ 03:51 PM
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Originally posted by Seekerof
Personally, whats with all the uproar anyhow, refile (redraft it and resubmit) it separately.


I had seen an article about this before while surfing, and thought the exact same thing, Seeker. The case was basically thrown out on that minor technicality, but it did not in any way diminish the content. As I understand it, the case will be redrafted, and then refiled with the Ohio State Supreme Court.



posted on Dec, 19 2004 @ 07:09 AM
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It's called a technicality. The lawyers should have known better; the judge actually did them a favor since it would have resulted in being thrown out by a higher court.

Simple solution, as mentioned. Refile the correct way.



posted on Dec, 19 2004 @ 11:36 PM
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Concerning ethical considerations:

Moyer only dismissed the portion of the petition contesting the election of President and Vice-President. Justice O'Connor dismissed the portion contesting Moyer's election.

[edit on 19-12-2004 by Raphael_UO]



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