Russell Pearce Recall Challenge Moves to Arizona Supreme Court

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The Supremes will read Pearce's lawyer's arguments, but they don't want to hear her flap her lips

The Arizona Supreme Court has granted a review of the legal challenge filed by attorney Lisa Hauser to the recall of state Senate President Russell Pearce, aka, Ross v. Bennett.

Both sides in the case had petitioned for the Supremes to rule on the matter. Today the court issued the following minute entry:

"This appeal will be considered and decided by the Court on the briefs submitted to the Court of Appeals without oral argument."

According to court spokeswoman Jennifer Liewer, the court will; "conference" the case on Tuesday, Sept. 13, 2011. Normally, they would hear oral arguments, then conference.

As you'll recall, Superior Court Judge Hugh Hegyi shot down Hauser's longshot challenge back on August 12, following oral arguments earlier that week. 

Hauser messed up on her appeal, went to the Supremes first, and was bumped down to the Arizona Court of Appeals on a technicality. From there the parties involved petitioned the Supremes to hear the case.

Pearce's fierce legal attack schnauzer had requested oral arguments. Instead, the Supremes will judge the case on a matter of law.

Which is not good for Hauser or Pearce, according to Tom Ryan, who represents the recall committee Citizens for a Better Arizona.

Ryan issued the following statement via e-mail:

"The facts of this case are clear cut and the Supreme Court denied appellant's request for oral argument because they see this as a matter of pure law. Law that has stood the test of time for 87 years. It is a law designed to get odious cretins out of office when the electorate no longer has use for them."

Odious cretins, indeed. Pearce fits that bill, and unless the Supremes do something wacky, there will be one less odious cretin in office come November 8.

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37 comments
DNichols
DNichols

Pearce is a "Latter Day Saint".

He has Crashed our Nations Economy.

He has torn apart thousands of Good, Hard Working Families, even ripping Parents from their Legal Citizen Children.

How many of the 30,000 to 40,000 of the dead Hispanic's at the U.S. /Mexico Border are lying theri after being Deported  away from their Families, and Dumped in the Harsh Desert with nothing, not even water?

Not to mention being knowiingly dumped into the middle of a "U.S. Sponsored Drug War"with nothing.

Dumoudan
Dumoudan

Sherrif Joe is one of a few law enforcement individuals who understands a simple fact: "illegal immigrant" = an individual who is not in the United States legally. Being that the "illegal immigrant" has broken our  (and Barrack Hussien Obwama's) Federal Immigration Laws and entered the United States through illegal means, he / she is subject to a crime and as such, he / she is subject to deportation. Is that difficult to understand?

Anon
Anon

It's time for Pearce to simply resign but those who "control" the state of Arizona and this team of puppetiers won't let it happen. Time for the next generation to take over if Arizona is to even survive the 1930's era that it never left.

the bookchuck
the bookchuck

Bwah, haw, hah! The term "odious cretins" reminded me of my favorite poster purchase from years ago. It's from the La Luz de Jesus gallery in L.A. from a 1990 show of S. Clay Wilson's work. It has Jesus, crown of thorns and all, asking the Checkered Demon what kind of image he has and Checks holding up a drawing of an...umm...anatomical part, grinning, and saying "Odious!". I imagined RP's pic above in that same slot and, not only did it work, but it made me burst out laughing.

I've met quite a few folks out East here, lately, just counting the days.....

Tommy Collins
Tommy Collins

At first glace the banner photo used for this story makes it seem pearce is fading into oblivion.

He is.

Great choice of photos.

Ross
Ross

Actually, a better choice would be that used by the East Valley Tribune, which shows The Pearce Person wearing his Tea Party (Gadsden Flag) tie.  Even in Mesa, the Tea Party is in the minority.  How does he expect to win, when demonstrating that allegiance?

Coz
Coz

Bye, Bye Pearce, don't let the door hit you in the ass on the way out.

Concerned Citizen
Concerned Citizen

Once Pearce is out of office and the "troika" (Andrew Thomas, Lisa Aubuchon and Rachel Alexander) are disbarred it will be time for one of the largest celebrations Arizona has seen. Let the house cleaning begin!

Jason
Jason

The troika faces disbarment starting 9/12, resulting in immediate disbarment.  

Then, Pearce gets booted.

Then, the FF of MCSO gets indicted.

Then we can celebrate.

Wake Up People!
Wake Up People!

add ADC Ryan and Coughlin to the list and those who are supporting the mass incarceration of Arizona's people.

Concerned Citizen
Concerned Citizen

one step at a time those who enable these odius cretins will be exposed and thrown out of office. Arizona deserves better. The people have suffered long enough under inept and corrupt leadership.

Kpegjer94
Kpegjer94

One of the biggest odious cretins .........JOE ARPAIO ... My God people  are you really expecting a 79 soon to be 80 year old ex drug agent  that  was average at best in that job (he was called nickle-bag for only going after low level drug people)  to really lead the MCSO any further  ??????  he has turned  law enforcement into circuis like antics with himself being the ringmaster.....corruption and crooked  politics are his forte ................

Anon
Anon

The county sheriff who has "branded" himself off taxpayer $$'s is nothing more than a waste of taxpayers $$'s which will last in litigation for years. A bobblehead that everytime it shakes and wiggles it's shaking the people down. Pure evil dressed like a clown.

Ross
Ross

Lawyers don't usually argue the facts before appeals courts.  Notwithstanding Ryan's comment, what they argue is the law (when there is no precedent) or how the law applies to the facts, which should have been determined in the trial court.

Reggie V V
Reggie V V

Odious cretins???  Wow.  Pearce's followers will never under what that means.  It is a wonderful term.

Tommy Collins
Tommy Collins

"Odious cretins".

I am SO upset with myself that I hadn't though of that one.

No oral arguments, eh?

Her brief could have been very concise and truthful:

"Russ got fired, ONCE AGAIN, and he is pissed. If you folks in the Supreme Court want to keep your jobs you had better find a legal reason to reverse the lower court"

Nuff said...

Jason
Jason

How many jobs has Pearce been fired from in the past 30 or so years?

Josh Barkley
Josh Barkley

This is already decided and Septemeber 13th will be mere formality..Amazing how such a powerful man can pass into law such bills as 1070, 1363, and colt single actions but can't thwart the court system into creating a socialist mandate for him to rule over.  The sooner this is decided and the sooner the election of Jerry Lewis takes place the better Arizona will look in the eyes of the world.  This is not a local issue..the world is watching..who has more clout in Arizona,  Cowboys or Moderates?

Anon
Anon

Josh, You are spot-on!!

TheChef
TheChef

As a REAL Cowboy, I resent that remark. Cowboys are honorable folk. Corrupt Politicians are not Cowboys!!!

Anon
Anon

Like someone else said, he's a cowboy without cattle.  Pearce stole the image of a cowboy wrapped in an American flag.

Tommy Collins
Tommy Collins

I saw a gent riding a horse recently, on a ranch outside Showlow. Sure looked like a real cowboy to me, except for the Nike shoes he was wearing. I approached him and asked, "Sir, why are you wearing running shoes, instead of western boots?". He answered, "I used to wear boots. Sure liked them. But, I got tired of folks thinking I was a truck driver".

Kudos to all those REAL cowboys out there...

Anon
Anon

Stephen. Great reporting. Many are trying to follow this closely. Meanwhile, taxpayers money is being wasted as this odious cretin won't accept that over 10,000 people from his district do NOT want him. Neither to thousands of others who couldn't vote but have been negatively impacted by his lack of knowledge, his bigotry and intolerance.

Bob Bourke
Bob Bourke

No grandstanding OR room for her to correct errors made in the initial appearance by Hauser 

WhoKnows
WhoKnows

It's just stunning that Pearce has no little reguard for the will of the people in his district that he lets this continue, with the petitioner being someone that doesn't even live in Pearce's district.

Has Tolman taken his illegal signs down yet?  Mesa should charge him $100 for each one they remove.  Seems Tolman doesn't mind wasting taxpayer money either.

Tina
Tina

He DOES live in the district.  I've got a copy of Hauser's initial brief right in front of me, and Pearce's "proxy-plainteff"  is given as "FRANKLIN BRUCE ROSS, a citizen and qualified elector of Arizona State Legislative District 18."

The Tolman/Pearce signs were taken down last Saturday.  By late Monday, their deadline to remove them,  only a couple of those signs were left standing, ones they must have missed.  I assume that by now, they too have been taken down.

Olivia Cortes, who has not even submitted her petitions to validate her candidacy yet,  was notified by the city last week that her illegal campaign signs also had to be removed by last Monday at 5 pm.  They weren't removed, and at 10 am Tuesday the city was getting them taken down.  

Ross
Ross

First time I have seen anyone claim that the petitioner doesn't live in the district.  If true, that would really prove the incompetence of the recall lawyers.

Tina
Tina

Not true, according to Hauser's brief to Superior Court.  

TheChef
TheChef

Make that $1000 for each one & I'd agree. :D

Bob Bourke
Bob Bourke

I understand that all signs (not in compliance) were removed by Sunday evening (as demanded by the City of Mesa) with reports of at least one  being missed by Pearce's folks.. Some signs of Cortes were still up on Monday as I understand it. She was sent a letter to comply People who have signs on their own private property (homes) are legally OK to keep them there...including signs by Jerry Lewis. 

Jason
Jason

This issue will be decided once and for all. Pearce will face the voters in a historic recall election.

Odious cretins is the best description I've heard to date on Pearce and Hauser. That made my day.

BTW, hey Russell, you really do look like Democratic President Grover Cleveland in this photo Mr. Lemons uses. And all this time I thought you were a Republican.

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