Carol Rudat Hearing Post-Mortem

Carol Rudat had her day in court last week, and I thought a post-mortem is in order. Rather than try to provide a lengthy blow-by-blow account (Mrs. Rudat was on the stand for nearly on hour), I'll post the transcript later this week. In the meantime, I'll blog my analysis of why I think Judge James Gray ruled as he did.

Watching Carol Rudat testify was like watching someone try not to commit perjury. As Judge Gray put it, her testimony was "evasive and cloudy, and intentionally so."

For example, during his cross-examination attorney Phil Greer asked Rudat several times if she lived at the Center Street bungalow on April 1, 2006 (the day she registered to vote in Orange). Rudat refused to give a simple, "Yes." Instead, she'd respond, "That was my intention" or "As I understand it."

As it turned out, the April registration was the crux on which the hearing turned. Following Phil Greer's cross-examination and Judge Gray's own questioning of Rudat, it was abundantly clear she didn't live there until August, possibly late July. In other words, Rudat's April voter registration was invalid.

Unfortunately, Judge Gray punted and refused to make a ruling on that issue. Gray made it very clear from the beginning that he didn't want the court involved in this matter -- which is why he refused to rule on Rudat's April voter registration. If he had, I believe -- and I think anyone who watched the proceedings would conclude likewise -- Judge Gray would have ruled Rudat didn't live in Orange when she registered to vote there.

That, in turn, would have forced him to rule her candidacy invalid and keep in place his earlier ruling not to count her votes. Since Gray was very plain about not wanting to do anything of the sort, he announced he would not rule on the April registration and used that self-made escape hatch to rule that Rudat was an Orange elector when she filed to run for council.

Gray, at the Thursday morning hearing, explicitly told Rudat's laywers what they needed to do: produce a real declaration of residency and supporting documents like water bills. Gray gave Rudat a second chance to do so. They came back later that day and gave Gray just enough to declare Rudat an Orange elector -- after he executed the necessary bailing out of deciding on the crux of the matter.

Rudat campaign consultant Scott Taylor told the OC Register afterward:

"I'm glad the judge recognized that (her) merits need to be decided at the ballot box and not the courtroom."

Of course Scott is glad: he's a smart guy and knows that if Judge Gray had decided the merits in the courtroom rather than ducking his responsibility, his client wouldn't be an Orange council candidate.

Comments

[DanC]

Let it go; you lost this one. Let the voters decide this.

[Cop Out]

Unfortunately, Judge Gray abdicated his roll to call the balls and strikes as he sees them. I have no interest in the Orange City Council election, other than to see it decided by the rules. Judge Gray has been an erst while candidate for Congress, and spends a lot of time trying to not be a judge, and maybe he should do something else. He sure was gun shy about making the tough decision here. Its too bad. He gets a nice paycheck to makes the tough calls and he didn't earn his paycheck this time around. I hope the DA gets a copy of the hearing transcript and takes appropriate action to discourage other candidates from mocking the election laws the way Rudat has.

[Cop Out]

Unfortunately, Judge Gray abdicated his roll to call the balls and strikes as he sees them. I have no interest in the Orange City Council election, other than to see it decided by the rules. Judge Gray has been an erst while candidate for Congress, and spends a lot of time trying to not be a judge, and maybe he should do something else. He sure was gun shy about making the tough decision here. Its too bad. He gets a nice paycheck to makes the tough calls and he didn't earn his paycheck this time around. I hope the DA gets a copy of the hearing transcript and takes appropriate action to discourage other candidates from mocking the election laws the way Rudat has.

Oh please, this is the "Red County" blog. You know the one who supported Bush for president and he stole his first election. Why wouldn't it be ok for her to break a few rules as long as she is the right color (Red)?

[Bladerunner]

Here's a rule she broke---as Art would say, a little parajito told me that her supporters went on private property--church property--without permission and put her flyers on the cars at one of the Catholic Church's in town on Sunday. If she and her supporters are that interested in contacting churchgoers, they can stand at the entrance and exits on the sidewalks and hand them leaflets. If this episode is any indication of the lack of respect for private property rights she'll have if elected, people in Orange need to be concerned.

We've all had the overzealous supporters or inexperienced volunteer coordinator who think that flyering cars at church is a good campaign strategy. Not a big deal.
I do enjoy reading Jubal's attempt to spin this courtroom loss.

[Jubal]

Anon@10:23 p.m.:

The only spin you'll hear is coming from the Rudat camp. Did you attend the hearings? I did and I'm posting my honest analysis of what happened. I'll post the transcript when I get it, and you can make your own judgment.

It was a courtoom victory for Carol Rudat -- but it was a case of getting away with something because the judge didn't want to get involved.

Carol's attorney, Alan Burns, used to work in the Orange City attorneys office, when Dave Rudat was City Manager...