Mary Peters and John Shepherd are seeking a stay to halt the recall election currently underway. The hearing will be Thursday, February 25th at 4:00 p.m. (gardneredge photo)
John Shepherd and Mary Peters are standing for a recall election. They will appear in Judge Kevin Moriarty's court to seek a stay of the Judge's previous ruling permitting the petition and election to proceed.
To get some additional perspective on this case, we recommend Kevin Wright's article in this morning's Kansas City Star.
It's a disgrace. I so wish I was able to go to the rally Sat. Someone take a video camera.
I'm betting the Dolphin Song's lawyers are trying to stop the peacefull assembly as I write.
So much for democracywrote on 2/24/2010 7:38 pm
Nice of John and Mary to use the courts as a weapon to ward off the will of the people.
Mike Pwrote on 2/24/2010 12:25 pm
Or just meet in the super secret "Pinky and the Brain" world domination HQ. Forget it, there is a no alcohol rule there.
In the mean time, this most recent action seems to be more of a delay tactic than a bonafide legal preceeding. I am not a lawyer so I am very interested to see what happens tomorrow. To stop the election seems to go against everything our country was founded on.
jdelphikiwrote on 2/24/2010 11:50 am
I know, Mike. Don't feed the troll.
Whoever it is has started repeating their goads, so I was pretty much done playing with them anyway. I'd hate to have them get annoyed with me.
Libations sound great, but I'd have to wear shades and a moustache to hide my secret identity. And maybe a cap, if I haven't used up all the CAPS already.
Mike Pwrote on 2/24/2010 11:21 am
JDEL, you remember the analogy of "teaching a pig to sing?" It is a waste of your time and it annoys the pig.....
Anyway, regardless of the outcome of next Tuesday, I say we meet for libations. First one on me.
B Dotwrote on 2/24/2010 11:04 am
Actually I think if you're talking out of both sides of your mouth you're using the whole mouth. That doesn't make sense.
Veinswrote on 2/24/2010 10:25 am
a poppin. Now your starting to use all caps more and more. I like that. Take it easy JDEL/Dave, It's hard talking out of both sides of your mouth.
jdelphikiwrote on 2/24/2010 10:16 am
@Well -
I AM interested in facts. What are YOU interested in?
Now you're trying to tell me that it's the RECALL LAWS that are flawed? Before, you folks were saying that the recall was unfounded. Make up your mind!
If it's the recall LAWS that are flawed, then the recall IS going forward under the LEGAL boundaries set up by recall law. Y'know, the boundaries established by the Kansas Constitution.
In that case, the lawsuit against the recall group is friviilous and unfounded because the recall IS following the law and the lawsuit seeks to punish them for it.
If it's the recall that's flawed, then the strict regimine of steps voters have to follow to get a recall certified should get the recall tossed out. So far it hasn't happened and it looks like the judge would have to decide to throw away already-voted votes to decide that THIS recall effort IS unfounded and not working within the boundaries of the law.
So...make up your mind. You can TRY to have it both ways, but not if you want people to take your arguments seriously and not as a "fabrication". Or sour grapes.
It's particularly interesting, your position that the lawsuit needs to continue, even though the election is currently underway. Taking votes out of the ballot box is what sounds "unethical" to me.
I'm willing to let the voters decide the issue, regardless of the outcome. Why are you afraid to? Especially if we're in the...as you put it...minority here?
KL wrote on 2/24/2010 10:11 am
If John and Mary make it through the recall, then thst is what we will have.
The part that's being missed is that they are the one's that are all about transparency but they don't want to let the voters decide. Like John said, "its too complicated for the voters".
I hope that there is good turn out and I hope that they are recalled.
Electionwrote on 2/24/2010 9:58 am
If we get to the election the recall side still has to win. I think there are a lot of people that still support John and Mary. Unless those that support the recall really spread the word it could be very close or they may even lose the recall.
Wellwrote on 2/24/2010 9:43 am
Jdel as the article says no "facts" were given to show proof. I thought you are all about facts. Flawed though the recall laws may be you and the recall group conitinue push forward this election. A fabrication of the truth with no facts. Sounds unethical to me. Sad is what it truly is. Hopefully this lawsuit will continue in some form. May be the only way to keep your minority from crying wolf.
jdelphikiwrote on 2/24/2010 9:17 am
And apologies for the cut-and-paste characters. I should've changed those before I posted.
jdelphikiwrote on 2/24/2010 9:16 am
Of particular interest, in my opinion, was this comment:
---
'Election Commissioner Brian Newby said he would comply with whatever the court orders, including postponement of the election. He added that state law also dictates that officials conduct elections within a certain time frame.
Newby said: âWe would need direction from the court,â especially if the election is postponed for weeks or months while waiting on the Court of Appeals.
Advance balloting started Tuesday and will end Friday, at which time the election office will process the ballots, unless the court grants the stay, Newby said.
Then the court must decide how to handle the advance ballots.
âThis is new to us. Thereâs nothing that weâre aware of that dictates how we or the court would handle something like this. We never had something like this in Johnson County,â Newby said.'
---
To me, the lawsuit represents an unprecedented foray into uncharted territory. They're trying to stop an election that's already going on and the outcome, if they get their way and completely block the election, will be that votes get thrown away.
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Really? wrote on 2/25/2010 9:29 am
It is always a party on the EDGE.
.. wrote on 2/25/2010 7:53 am
I HAVE NOT HEARD ABOUT PARTY?
terance wrote on 2/24/2010 8:33 pm
It's a disgrace. I so wish I was able to go to the rally Sat. Someone take a video camera.
I'm betting the Dolphin Song's lawyers are trying to stop the peacefull assembly as I write.
So much for democracy wrote on 2/24/2010 7:38 pm
Nice of John and Mary to use the courts as a weapon to ward off the will of the people.
Mike P wrote on 2/24/2010 12:25 pm
Or just meet in the super secret "Pinky and the Brain" world domination HQ. Forget it, there is a no alcohol rule there.
In the mean time, this most recent action seems to be more of a delay tactic than a bonafide legal preceeding. I am not a lawyer so I am very interested to see what happens tomorrow. To stop the election seems to go against everything our country was founded on.
jdelphiki wrote on 2/24/2010 11:50 am
I know, Mike. Don't feed the troll.
Whoever it is has started repeating their goads, so I was pretty much done playing with them anyway. I'd hate to have them get annoyed with me.
Libations sound great, but I'd have to wear shades and a moustache to hide my secret identity. And maybe a cap, if I haven't used up all the CAPS already.
Mike P wrote on 2/24/2010 11:21 am
JDEL, you remember the analogy of "teaching a pig to sing?" It is a waste of your time and it annoys the pig.....
Anyway, regardless of the outcome of next Tuesday, I say we meet for libations. First one on me.
B Dot wrote on 2/24/2010 11:04 am
Actually I think if you're talking out of both sides of your mouth you're using the whole mouth. That doesn't make sense.
Veins wrote on 2/24/2010 10:25 am
a poppin. Now your starting to use all caps more and more. I like that. Take it easy JDEL/Dave, It's hard talking out of both sides of your mouth.
jdelphiki wrote on 2/24/2010 10:16 am
@Well -
I AM interested in facts. What are YOU interested in?
Now you're trying to tell me that it's the RECALL LAWS that are flawed? Before, you folks were saying that the recall was unfounded. Make up your mind!
If it's the recall LAWS that are flawed, then the recall IS going forward under the LEGAL boundaries set up by recall law. Y'know, the boundaries established by the Kansas Constitution.
In that case, the lawsuit against the recall group is friviilous and unfounded because the recall IS following the law and the lawsuit seeks to punish them for it.
If it's the recall that's flawed, then the strict regimine of steps voters have to follow to get a recall certified should get the recall tossed out. So far it hasn't happened and it looks like the judge would have to decide to throw away already-voted votes to decide that THIS recall effort IS unfounded and not working within the boundaries of the law.
So...make up your mind. You can TRY to have it both ways, but not if you want people to take your arguments seriously and not as a "fabrication". Or sour grapes.
It's particularly interesting, your position that the lawsuit needs to continue, even though the election is currently underway. Taking votes out of the ballot box is what sounds "unethical" to me.
I'm willing to let the voters decide the issue, regardless of the outcome. Why are you afraid to? Especially if we're in the...as you put it...minority here?
KL wrote on 2/24/2010 10:11 am
If John and Mary make it through the recall, then thst is what we will have.
The part that's being missed is that they are the one's that are all about transparency but they don't want to let the voters decide. Like John said, "its too complicated for the voters".
I hope that there is good turn out and I hope that they are recalled.
Election wrote on 2/24/2010 9:58 am
If we get to the election the recall side still has to win. I think there are a lot of people that still support John and Mary. Unless those that support the recall really spread the word it could be very close or they may even lose the recall.
Well wrote on 2/24/2010 9:43 am
Jdel as the article says no "facts" were given to show proof. I thought you are all about facts. Flawed though the recall laws may be you and the recall group conitinue push forward this election. A fabrication of the truth with no facts. Sounds unethical to me. Sad is what it truly is. Hopefully this lawsuit will continue in some form. May be the only way to keep your minority from crying wolf.
jdelphiki wrote on 2/24/2010 9:17 am
And apologies for the cut-and-paste characters. I should've changed those before I posted.
jdelphiki wrote on 2/24/2010 9:16 am
Of particular interest, in my opinion, was this comment:
---
'Election Commissioner Brian Newby said he would comply with whatever the court orders, including postponement of the election. He added that state law also dictates that officials conduct elections within a certain time frame.
Newby said: âWe would need direction from the court,â especially if the election is postponed for weeks or months while waiting on the Court of Appeals.
Advance balloting started Tuesday and will end Friday, at which time the election office will process the ballots, unless the court grants the stay, Newby said.
Then the court must decide how to handle the advance ballots.
âThis is new to us. Thereâs nothing that weâre aware of that dictates how we or the court would handle something like this. We never had something like this in Johnson County,â Newby said.'
---
To me, the lawsuit represents an unprecedented foray into uncharted territory. They're trying to stop an election that's already going on and the outcome, if they get their way and completely block the election, will be that votes get thrown away.
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