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El Paso Mayor John Cook wins recall appeal (Good ruling - he stood with LGBT)
El Paso Times 2/17/12
Update: El Paso Mayor John Cook wins recall appeal
Mayor John Cook has won the appeal in his lawsuit against a group seeking to recall him.
The Eighth Court of Appeals on Friday unanimously ruled that the recall group had violated the law in its petition drive. The court ordered Municipal Clerk Richarda Momsen to decertify the recall petitions and ruled that no recall election using them can be held.
The order states, "Having instructed the City Clerk to decertify the petitions, no election thereon may be called or held."
(snip)
Pastor Tom Brown, Word of Life Church and others are trying to recall Cook and City Reps. Susie Byrd and Steve Ortega because all three officials voted to restore health benefits for gay and unmarried partners of city employees after voters passed a ballot initiative in November 2010 repealing them.
(snip)
Cook says organizers of the petition drive violated a law prohibiting corporations -- including nonprofit churches -- from making political contributions to recall elections.
Brown and his Word of Life Church were among the defendants in the case. Brown said they would appeal Friday's decision to the Texas Supreme Court.
(snip)
"My analysis is it can't be appealed to the Texas Supreme Court," Walker said.
Congratulations to Mayor John Cook and his legal team!
Way to do the right thing and restore those benefits for those families against the ugly pettiness of so called "Christian" values!
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El Paso Times 2/18/12
Recall proponents may be liable for $250K in legal fees
The battle is far from over -- even if no higher court takes up the fight over whether to recall Mayor John Cook and City Representatives Susie Byrd and Steve Ortega.
Now that Eighth Court of Appeals has ordered that a recall election be cancelled, lawyers will return to County Court 3 to determine who has to pay the mayor's legal fees.
Recall advocates might also have to pay damages, but Cook's lawyer, Mark Walker, on Friday said they pale in comparison to the legal bills.
At the start of the court fight over the recall, Cook signed a contract with Walker's firm, Cox Smith, saying the mayor would pay whatever the case cost when it was over. At the time, Cook assumed it would cost about $20,000, but by Friday, Walker estimated the bill to be about $250,000 -- more than the mayor's entire savings.
Recall proponents may be liable for $250K in legal fees
The battle is far from over -- even if no higher court takes up the fight over whether to recall Mayor John Cook and City Representatives Susie Byrd and Steve Ortega.
Now that Eighth Court of Appeals has ordered that a recall election be cancelled, lawyers will return to County Court 3 to determine who has to pay the mayor's legal fees.
Recall advocates might also have to pay damages, but Cook's lawyer, Mark Walker, on Friday said they pale in comparison to the legal bills.
At the start of the court fight over the recall, Cook signed a contract with Walker's firm, Cox Smith, saying the mayor would pay whatever the case cost when it was over. At the time, Cook assumed it would cost about $20,000, but by Friday, Walker estimated the bill to be about $250,000 -- more than the mayor's entire savings.
I hope the court hits the recall group hard! They need to cough up the money for the legal fees for their illegal recall campaign.
El Paso Times 3/1/12
Recall group loses another legal round
Activists trying to recall Mayor John Cook and city Reps. Susie Byrd and Steve Ortega lost another round in court on Wednesday when a judge denied their request to remove Cook's lawyer and throw out all the mayor's earlier pleadings.
In contrast to earlier hearings in the case, it took County Court-at-Law 3 Judge Javier Alvarez less than an hour to deny a request that he declare that Mark Walker and his firm, Cox Smith, had no authority to represent the mayor.
Alvarez's ruling was his first in the matter since the state 8th Court of Appeals ruled earlier in February that he had abused his discretion in denying Cook's requests for a temporary restraining order and a temporary injunction against the recall effort. In unusually strong terms, the appeals court ruled unanimously that the recall group had broken the law and that the recall election be canceled.
The recall group sought to remove Cook, Byrd and Ortega because they voted last June to restore health benefits to gay and unmarried partners of city employees. Many of those involved in the recall had led a successful ballot initiative in November 2010 to end the benefit.
Recall group loses another legal round
Activists trying to recall Mayor John Cook and city Reps. Susie Byrd and Steve Ortega lost another round in court on Wednesday when a judge denied their request to remove Cook's lawyer and throw out all the mayor's earlier pleadings.
In contrast to earlier hearings in the case, it took County Court-at-Law 3 Judge Javier Alvarez less than an hour to deny a request that he declare that Mark Walker and his firm, Cox Smith, had no authority to represent the mayor.
Alvarez's ruling was his first in the matter since the state 8th Court of Appeals ruled earlier in February that he had abused his discretion in denying Cook's requests for a temporary restraining order and a temporary injunction against the recall effort. In unusually strong terms, the appeals court ruled unanimously that the recall group had broken the law and that the recall election be canceled.
The recall group sought to remove Cook, Byrd and Ortega because they voted last June to restore health benefits to gay and unmarried partners of city employees. Many of those involved in the recall had led a successful ballot initiative in November 2010 to end the benefit.
When will these folks learn to fold them. Time to cut your losses people!
Run Democrats run! Give the voters choices!
