JUDGE MAX BAKER WAS WRONG AND HERE'S WHY
The answer is as clear as Title 19!
By HARRY HURLEY
HarryHurley.com
Judge Max Baker has made repeated mistakes during the Dixon vs. Callaway matter.
And, his biggest blunder came in his final decision ... a decision I believe he crafted to be "appeal-proof."
However, this is where I believe he should be overturned.
Baker declared the June Primary election to be null and void. Therefore, what should have come next was that Baker should have applied Article 3 (Effects of void nominations or elections) ... specifically, Title 19:3-10, titled Name not printed on ballot; next highest name printed.
Here is the exact wording of Title 19:3-10 for your consideration as follows:
"If it shall be determined in a manner hereinafter provided, that the nomination for an office of a successful candidate at any primary election is null and void, and if such determination shall have been made ten days before an election at which the candidates nominated at such primary election are to be voted for, an order shall be made by the court or judge making such a determination prohibiting the printing of the name of such candidate on the ballot to be used at such election, and the name of the candidate for nomination or party position at such primary receiving the next highest number of votes shall thereupon be printed upon the ballot as the nominee for the office."
Do you see why Baker's egregious actions are so outrageous.
He declared the election null and void ... Baker concluded that massive fraud by the Callaway campaign had taken place. And, yet Baker refused to grant the legal remedy as directly prescribed by Title 19.
Judge Baker's decision came within this 10-day period before election day.
We strongly believe Judge Baker must incur the process of a serious Judicial review for his repeated conduct during Dixon vs. Callaway.
It is clear that Dixon should be the 3rd Ward nominee this Tuesday and yet, because of Baker's actions ... this just result has been seriously threatened ... and with it, a major blow to our democracy ... not to mention the citizens rights to hold a free and fair election.
In the end, the sad reality is that Baker took the election away from the people and handed the final decision to 6 of Callaway's closest political associates. This is wrong. Baker even refused to hear attorney Joe Gindhart's motion for reconsideration. This is (also) wrong.
This trial has left a very bad stench in this entire Region ... but, I firmly believe that you have not heard the last of this ... Baker may think he can get away with this kind of bogus ruling ... but, somehow, I expect something to remedy Baker's error.
I don't know why I feel this way ... I just know that thjis is so blatantly wrong ... that our system will not alllow it to stand.
Expect justice to be served.
10/31/03
Hurley@SJTalk.com
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