Wednesday, June 15, 2011

Court Filing: Marshall Home's Lawsuit "Not a Cognizable Claim As a Matter of Law" & Other Legal Briefs

Posted By on Wed, Jun 15, 2011 at 10:00 AM

Attorney Gerald Maltz, representing Democratic mayoral candidate Jonathan Rothschild, has responded to Marshall Home's lawsuit to knock Rothschild from the ballot because Rothschild is a lawyer.

The gist of Maltz's argument:

Plaintiff contends that a lawyer is disqualified from seeking election as Mayor of Tucson. There is no legal authority for that contention. It is not a cognizable claim as a matter of law.

Home's lawsuit, along with Luke Knipe's lawsuit to knock Home from the ballot over residency and other issues, will be heard in Pima County Superior Court on Thursday.

Today is also the deadline for any legal action to disqualify candidates. Some notes in the developing legal saga:

• Attorney Bill Risner is expected to file suit to knock Republican Shaun McClusky from the ballot. McClusky has vowed to run as a write-in candidate if he's disqualified from being on the ballot.

• Jessica Reeves Foster tells The Range that she can't be a plaintiff in her suit to knock Republican Ron Asta off the ballot because she doesn't live in the city limits, but she's got a secret weapon: Her cousin, Nicolle Callahan, does live in the city and is a qualified elector, so Callahan will be the plaintiff in the suit.

Foster spent most of yesterday afternoon at the courthouse, figuring out how to file the suit, since she doesn't have a lawyer. She says she got lots of help from the staff at the courthouse.

More background on Foster's efforts here.

• Democrats are also expected to file suit against independent Pat Darcy.

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