Peggy Lowe reports over at Total Buzz that Trung Nguyen will appeal Judge Michel Brenner's ruling that put Janet Nguyen in the 1st District Supervisor's seat:
Coming as a surprise to absolutely no one, the Consigliere Schroeder (see also: Darth Vader, Darth Schroeder, or any Godfather reference) says Trung Nguyen will appeal the judge's decision this week that made Janet Nguyen the winner of the First District supes seat.
You can read the rest of Peggy's post here.
Schroeder is like the school bully who finally met his match and got beat up. He just cannot accept defeat and move on. His actions now only hurt the Republican Party's chances of holding this seat next year. Baugh needs to reign him in.
Posted by: Get Over It Mike | March 30, 2007 at 08:20 PM
Wrong. Schroeder was correct when he predicted mass confusion in any close election ANYWHERE in the state - UNLESS the conflicting provisions of law are adjudicated definitively (which Brenner declined to do) or changed legislatively. The Legislative Counsel's opinion validates Team Trung's case.
Brenner could have cleared this up. He took a pass. All this AFTER his rulings AGAINST the Registrar got Trung more than halfway back to victory!
Even Brenner admitted during trial that this case is MADE for an appeal. Good for Team Trung! And Good Luck!!
Posted by: Orange Appeal | March 30, 2007 at 10:20 PM
The OC GOP is currently considered a laughing stock thanks to the actions of one Mike Schroeder esq. It all started with his "Do-over" with the failed endorsement of Sheriff Carona and continues with Trung.
Sorry Jubal but pretty soon you will have to change the name to Blue County, all thanks to Darth Vader.
Posted by: Proud of Schroeder | March 31, 2007 at 09:10 AM
The Legislative Counsel Opinion is well reasoned; it does indeed seem that the judge may have taken a pass and did not do the heavy lifting required to go through the statory analysis. Case law is clear that, although a Legislative Counsel Opinion is not binding, it should be given "due deference" and followed if "persuasive". Many keep asking why the opinion was not "released" earlier for use in the trial. It is plausible that the opinion has validity as soon as it was issued (it is public record) and at that time should be considered when construing a statute. It seems unlikely that its use in a proceeding could be prevented by the recipient refusing to release it (that would not make sense as a sound jurisprudential practice).
Posted by: | March 31, 2007 at 09:53 AM
This has passed into the realm of ridiculous now. Why dont Schroeder and Trung just let it go?
Posted by: Paul Lucas | April 01, 2007 at 10:00 PM