Reply to Elaine Tholen's recall is goin to court

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Reply to "Elaine Tholen's recall is goin to court"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Guys, no judge is going to want to set the legal precedent that would allow a small subset of the electorate the ability to get an elected official thrown out outside of regular election cycle just because those people didn't agree with the way the elected official handled a particular issue.[/quote]

Americans have the power to recall for a reason.[/quote]

it's a state right not a federal right and the signatures are the first step in a very long process [/quote]

It's not such a very long process.

Signatures are gathered and presented to circuit court -[b] done[/b]

Signatures are reviewed for form -[b] done
[/b]

Order to show cause is issued to public official - [b]done [/b]

Official appears in court and defends conduct - [b]pending 
[/b]
Judge rules on whether official has rebutted grounds set forth in petition

- if yes, petition dismissed

- if so, official removed and new election ordered[/quote]

^ "if no" rather than "if so"[/quote]

you forgot the trial by Jury with the commonwealth being represented by an elected democratic official - good luck with that [/quote]

You really think Tholen is going to ask for a trial by jury?  That may be her legal right, but then it really will look like she is "on trial."  My expectation is she'll waive.

And if the Commonwealth's Attorney doesn't represent the petitioners, as legally obligated to do by statute, he/she can be sanctioned by the court. [/quote]

The commonwealth attorney can state that they see no validity in the petition and then rest their case [/quote]

[b]That would be a dereliction of statutory duty[/b].  And it would also be a gift to those behind the recall efforts heading into future elections - like the police arresting suspects and Steve Descano refusing to prosecute any of them.  [/quote]

do you have a citation for that (code or caselaw)?

5k out of a county with over 1 million residents signed. If this goes through, expect every elected official to be recalled constantly. [/quote]

It's clear from § 24.2-237 that the Commonwealth's Attorney is directed to serve in a prosecutorial capacity in a proceeding where the official subject to recall is the "defendant."

The statute has also been on the books for almost 50 years, and there haven't been constant recalls, so your speculation has no basis in fact. [/quote]

1. to me that implies prosecutorial discretion would be allowable - do you have a citation that states otherwise

2. republicans have only weaponized recall petitions recently [/quote]

Read into it what you will.  If Descano directs his office to punt he will be the next to get recalled. [/quote]

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