[Vision2020] Judge: Peterson is no longer Idaho GOP chairman

Saundra Lund v2020 at ssl1.fastmail.fm
Tue Jul 29 11:38:53 PDT 2014


Break out the cheese for the whine party . . . 

http://www.spokesman.com/stories/2014/jul/29/judge-peterson-no-longer-idaho-
gop-chairman/

TWIN FALLS - Fifth District Judge Randy Stoker today rejected a bid from
embattled former Idaho GOP Chairman Barry Peterson to hold onto the
chairmanship by blocking a state central committee meeting scheduled for
Saturday to choose new leaders.

"His term has expired," Stoker told the court.

The judge's ruling came after extensive arguments that lasted for more than
two hours in court this morning in Twin Falls.

"This is not a question of this court taking any position with regard to
what the Republican Party should do in this state," Stoker said. "I have no
dog in this fight, so to speak."

Peterson sued two GOP officials after they called the Aug. 2 central
committee meeting, asking the court to block the meeting and rule that he
was still the state party chairman. The state chairman normally is elected
at the state party convention, but the party's tumultuous and sharply
divided convention in Moscow last month ended in disarray without any votes
on leaders, resolutions or a party platform.

Peterson argued that by adjourning without voting on leaders, the convention
delegates were choosing to keep him on for another two years. Convention
Chairman Raul Labrador said as much before the adjournment, after conferring
with parliamentarian Cornel Rasor. But Rasor later said publicly that he
erred, and "inadvertently misread the rules."

"That was the error the chairman made, that was the error the
parliamentarian made," the judge said. "And frankly that was the reason why
Mr. Peterson and the rest of the officers just weren't elected."

Under Robert's Rules of Order, Stoker said, the chair's reply to an inquiry
is not binding - it is merely an opinion. "It was not part of the motion -
it was not voted upon by the delegates," the judge said. "It couldn't have
constituted an election of officers because that was required by secret
ballot of the delegates in the convention."

Stoker said of the delegates at the convention: "Maybe they thought they
were voting to continue the officers. Maybe they were voting to take an
early break because they'd had enough. . Who knows? . There is no possible
way I can make that decision. It's pure speculation. "

Under parliamentary rules, business left undone at the time of adjournment
"falls to the ground," the judge said. "It's a dead issue."

"I have spent a considerable amount of time over the last week on this
case," Stoker told a full courtroom, saying he felt compelled to rule right
away because the Saturday meeting date is coming right up.

Christ Troupis, attorney for Peterson and six of his supporters, argued that
a subsequent party rules committee meeting upheld his interpretation that
the convention's adjournment extended his term as chairman.

But Timothy Hopkins, attorney for the two GOP officials Peterson sued, said
Peterson "stacked" that committee with new members in violation of state
party rules. "It was politics at its worst," Hopkins said.

Stoker said whether or not the rules committee was properly constituted,
anything it decides is merely a recommendation to the party.

The judge agreed with Peterson that a party executive committee meeting was
called with insufficient notice, but said the Aug. 2 central committee
meeting is valid because it was specifically called for in a petition from
central committee members.

"You are a party without direction, it's pretty clear," the judge said. "We
have the political maneuvering here as to whether we meet on the 9th or the
2nd. And the objective of the rules is to put in place a mechanism for party
officials who have the authority to elect their officers, and there is no
question in my mind, that that rests with the central committee."





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