Democrats were quick to rejoice in administrative law Judge Thomas Shedden’s ruling to back the commissions’ May decision to throw Rep. Doug Quelland out of office. But the Phoenix lawmaker won’t be boxing up his office supplies and biker shorts just yet.
Quelland attorney Tim Casey said an appeal will be filed with the Maricopa County Superior Court and pledged that Quelland was innocent and will benefit from discovery and due process available at the trial court level. Casey hinted the appeal would include a challenge to the CCEC’s authority to remove Quelland since the commission is made up of unelected appointees whose decision effectively overturns public will expressed in the 2008 elections. However, the attorney added he is still “researching” whether the commission power argument is a dead issue.
The Arizona Supreme Court seems to have covered that base during the David Burnell Smith episode, finding the state constitution’s call for removal of elected officials through recall and impeachment does not rule out other means. Shedden’s decision kicks in a new process for Quelland…
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