Sunday, November 21, 2010

The Recall sufficiency failure
and Judicial Activism

When people speak of legislation from the Bench they usually think of a Judge that has departed from what the law intends.

It is particularly interesting that the Washington laws, which govern Recall of public officials contain NO MENTION of INTENT. As case law has developed "Intent" has worked its way into how the court judges the sufficiency of a Recall Petition. This is a very convenient development for Seattle School Directors.

If you read the actual laws passed by the legislature there is no mention of intent. Kate Martin and Joy Anderson failed on 11-18-2010 in their attempted recall of The Seattle Directors who violate state laws on a fairly regular basis because Anderson and Martin failed to show intent on the part of the Directors to violate the law. How convenient for incumbents.

How is it that legislation passed by the legislature transforms itself into something other than the legislation passed by the legislature? How do court interpretations become case law that effectively shields Seattle School Directors from accountability for failing to follow laws?

It is time for the legislature to inform the courts that the legislation written has been corrupted by the Judiciary and the law should be enforced as written.


Anonymous said...

Washington state has no justice - that is why I choose not to live there, nor do I take what your elected leaders say seriously. Soon there will be no living wage and retired teachers too will be told they can live off scrambled eggs. Honest extortion is a defense, not an economic remedy. My best guess for solving the problem is reinvent the guillotine and revert back to a Democracy. You must admit it now, our government is doomed to be a slumlord failure. Incompetents running public schools is the tip of the melting iceberg.

Anonymous said...

Amazing story. Thanks for the great effort - a rotten ending or is it! I'm not surprised. Unfortunately, we knew how it all would shake out before you started. Seattle Schools is turning into another TSA public image nightmare. High brow officials standing idly by wringing their hands while some scoundrels grow rich off taxpayers is not exactly a victory.

Anonymous said...

A few more hungry mouths, long soup lines, and quantitative easing brought on by the Fed should be all we need for another 'Fire in the streets' documentary. Wait till they find out who's been making money with the Treasury's gold reserves. Even the Tea Party is going to look left of center when the people finally understand they've been had.