Cook Prevails in Sacramento

Or the alternaive headline is Mike Schroder loses.  Again.

Here’s the skinny on the judge’s decision:

• Carlson failed to serve Debbie Cook and wih this failure to serve, he failed to invoke the jurisdiction of the court.  While mindful of the limited timeframe and good faith attempts to contact counsel in advance of the hearing, the Court found that sending documents to an attorney who represented someone in a prior matter does not constitute service on that person under the law.
• Out of “an abundance of caution” however, the Court decided to rule on the merits and deny the writ.  The court found the Regulations in their present state dispositive, especially 20714 (a)(2) which deals with “vocations,” noting that the Regulations as promulgated by the Secretary of State have the force of law.  The court considered Ms. Cook’s declaration, noting that it demonstrated “with specificity” that she was working solely in the appointed position of mayor and that the position consumes a significant amount of time.  The judge also noted that the declaration discussed a spectrum of activity surprisingly consistent with the activities noted in footnote 2 of the Court of Appeal’s opinion. The judge also rejected Carlson’s argument that the absence of income generated by the post meant that Ms. Cook could not designate “mayor” as her profession.  He noted that the regulations specifically state a vocation is “the work upon which a person, in most but not all cases, relies for his or her livelihood.”  Moreover, he recognized that the Regs contemplate the kinds of jobs that involve a public or spiritual commitment (such as religious ministry and homemaking).
• Finally, the judge rejected Carlson’s reliance on the Andal case for two reasons.  First, the regulations as they exist now contain different language than the guidelines that were discussed in Andal.  Second, he found that case was different from the case before him because in Andal, it was clear that the candidate wasn’t doing anything as a peace officer; the position was a simply a pro-forma or ceremonial activity.  This case, the judge said the position held by Cook, “is just the contrary.”

So Debbie wins in court, in the court of public opinion, and doesn’t have to pay a dime from her campaign coffers.  Schroeder and Carlson are stuck with the legal bill and Dana has a black eye from this little exercise.  Schroeder’s losing streak continues.

Enjoy that drink at the Sacramento airport fellas.  And no wide stances in the men’s room.