Thursday, April 26, 2007

Prosser, Crooks clash as court dismisses Green vs. SEB

In a scathing concurring opinion to the formal dismissal of the settled Green vs. State Elections Board case, Justice David Prosser railed against his colleagues. He said they "did not care" about justice.

"In the midst and aftermath of an important gubernatorial election, this court did nothing to ascertain and enforce rights, or to assure the integrity of the electoral process," Prosser writes. "Instead, it used every imaginable pretext to avoid making a decision."

Justice Patrick Crooks shot back in his written concurrence, characterizing Prosser's opinion as "hogwash, pure hogwash."

"The fact is that this court spent many, many hours working on the petition asking to commence an original action, as well as on the various submissions of the petitioners, the respondents, and the amicus," wrote Crooks.

The court's dismissal officially ends Green's lawsuit over campaign funds transferred from his congressional account, which was settled March 16. That agreement stipulates the Republican was following precedence and advice he received from board staff when he converted money from his congressional account to his gubernatorial fund, but also states the Electionsb Board was following its interpretation of the law when it ordered the Republican to dump some $468,000 money from out-of-state PACs that was included in the conversion. The deal also puts limits on how Green can use the money.

See the high court's dismissal and the Crooks, Prosser opinions:


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