Judge Vindicates Recall Initiative

As the story is starting to wane in the minds of some, let us recall what the judge said at the December 1, 2006 hearing: “I will rule by this afternoon”.

Ten days have passed since the afternoon we were all supposed to have been enlightened by one of the many sages of the “law”. And in these ten days some may have sat idly by, speculating at what could have been if the ruling had been this or that or neither this nor that.

And in the same span of eternity, others have waited for nothing and thereby adhered to the tenets of a true sage when he (the true sage) said “There wasn’t any reason to pay attention to the words of a madman, because if luck hadn’t been with your grace, and the stone had hit your head the way it hit your chest, then what kind of condition would we have been in to defend the lady!”

Adhering to the latter, can we then ask, what exactly is everyone waiting for? Better phrased: Can’t anyone interpret the silence?

By the Numbers
Did the judge lie by stating that he would rule ten days ago, and then failed to do so? Unlikely – lawyers and judges don’t lie – right Mr. Tucker?

Is the judge unaware of the timing constraints on the second phase of a recall drive as predicated by law? Unlikely, given that the judge was made plainly aware of the timing issue.

Is the judge shirking from his judicial responsibility to rule on a time-sensitive case? That would make him unprofessional – a conclusion one can’t make rationally.

Is the judge irresponsible to such an extent that he deems inconsequential the financial costs undertaken by one person to defend himself from a law suit (yes, it’s a lawsuit)? Is the judge discounting that fact that this one individual is being attacked because he is exercising his constitutional right to petition the government for a redress? We can only hope not, for such would cast aspersions when there is absolutely no reason to think ill of the man or his motives.

And then there is the speculation by which to parse by the numbers. It’s a hot topic. It will be a first in the state. The judge and one of the plaintiffs are pals. The judge does not want to take the heat. The judge would rather wait and see.

The Answer Some of You Have Been Waiting For
The answer is that he has already ruled. He did not lie when he said that he would rule by the afternoon of December 1st. He did rule. He ruled in silence. By saying nothing, he did not stop the recall drive. By saying nothing, he did not invalidate the petitions. By saying nothing, he informed the well-financed councilpersons that their action (yes, their action) does not deserve the merit of even an answer.

The answer simply came in children’s terms. Who amongst us can recall when our children were young and asked some really stupid questions in a disrespectful manner, to which the only plausible reply was to ignore the question and walk away? And as yet another real sage once said when asked why did he not respond to his children’s diatribes, “Why have two idiots in a situation?”.

For Now
So for now, the recall drive and the recall petitions have been vindicated and therefore the process has been given the blessing in silence to continue.

Maybe tomorrow the coin-flip that is the basis for the American legal system will occur. But for now, the court has vindicated the recall initiative by virtue of the fact that neither an order halting the recall, or an order invalidating the petitions, has been issued.

To those hoping for a deathblow to the recall drive via a judicial maneuver, interpret the silence from the court. Interpret it well.