Appellate Court Frowns On Delay Sought By Recallers

Readers will remember that Judge Edward Nicholas’ May 26, 2010 order (which you can find in the Stay Informed section above and to the right of this post) was appealed by attorney Richard Harrison when Judge Nicholas determined that he would prefer to rule on the legitimacy of the recall petition when and “only if”, his words, the recallers obtain the necessary number of signatures the second time around. While that possibility remains in question, the appeal moves on. Well sort of…

As expected, attorneys for both Anna Maria City Clerk Alice Baird and Manatee County Supervisor of Elections Robert “Bob” Sweat have filed notices informing the Second District Court of Appeal that neither would be submitting responsive briefs in the pending appeal. As representatives of their respective government employers, both Ms. Baird and Mr. Sweat perform important but ministerial functions that are effectively immaterial to the questions of law and fact currently before the appellate court in this case. In an admirable display of the judicious use of taxpayer dollars, a rare occurrence in these parts, the lawyers have said, in effect, “we don’t have a dog in that hunt” and they will not clutter the record and the timing of a decision with superfluous argument. Good for them.

But with a deadline looming next week, Recaller-In-Chief Robert Carter has apparently been unable or unwilling to prepare his committee’s brief and has asked for an extension of time to do so, which you can view HERE. In spite of the Second District’s initial warning to the parties that motions for extension of time are discouraged and will only be granted for good cause, Mr. Carter ignored the Court’s admonishment and seeks more time merely because, he says, “I am representing myself and am not an attorney.”

But as is clearly stated by the Florida Bar HERE and pointed out by Mr. Harrison in his objection to the extension HERE, self-represented, or pro se, litigants are entitled to no special treatment and will not be granted extensions merely because they are pro se. With several weeks to have prepared the recallers’ brief, it appears clear Mr. Carter’s requested extension is less about the Court’s deadline and more about angling for time to wring more signatures from an apparently less than pliable citizenry. We should know something from the Second District soon and will pass it along when we do.

Until then, stay informed.

Bill Yanger