A preamble of sorts. I’m Friends with Ira Glasky and his family in Irvine; Ira was unopposed for election to the Irvine Unified School Board, He ran unopposed and was immediately re-appointed to his slot. I contacted DPOC chair Fran Sdao to ask if I could endorse Glasky, as there were no Democratic challenges to the seat. Fran told me I could not and cited bylaws. I let Ira know. He was disappointed but understood (since he is a reasonable Republican running for a non partisan seat against no one). And he’s a friend.
Our frienemies at the OJ blog had a nice time with the censure vote the DPOC took against me in October but have — for nearly two weeks — failed to acknowledge their managing editor, Greg Diamond, has been removed from the DPOC Central Committee by a 31-17-2 vote of the party Central Committee members at the November meeting.
It’s been nearly two weeks and not a word about this on the OJ Blog.
Mr. Diamond has filed an appeal that you can read here: CRC Diamond DPOC Challenge 120318. It demands his return to the Central Committee and that they can’t remove him for the same infraction and a removal of a censure against Brett Murdock, but not that of Tom Daly or Lou Correa.
I need to note that Diamond suffered a stroke last year. He writes he’s been deemed permanently disabled, yet he retains his law license and was practicing law on a deportation case so he didn’t have adequate time to prepare for this defense of his removal rom CDP. So my issue is “he’s too impaired to practice law” or he can “practice law” — take those odds for a brain injury. You can’t really do both. Who wants to hire a lawyer with a brain injury?
But here’s Greg’s rejected response from judges dealing with a lawsuit filed by Lenore Albert-Sheridan; let me know when the *he’s full of shit* factor kicks in for you.
Greg’s appeal is for immediate re-instatement, assurances he can’t be removed again for the same infraction, and the removal of censure motions against Brett Murdock for backing Todd Spitzer.
His appeal is very lawyerly yet full of pent up anger and oppression. He needs to pick one. He’s even said himself he’s not lawyerly. This is from a lawsuit filed against Lenore Albert Sheridan from Greg’s own brief to the courts: And he blames his stroke and her power for his decision.
From the story:
Cross-Appellee’s attorney Mr. Diamond, who features so prominently in Cross-Appellant Ms. Albert’s (henceforth Ms. Albert) brief, begs the court’s indulgence to explain some of what leads the present brief to take the form it does. Doing so is necessarily highly personal, and is surely unusual, but given Mr. Diamond’ inability to obtain substitute counsel for Mr. Daniels, it is also highly pertinent.
Mr. Diamond, author of this brief, suffered a severe stroke, primarily near the sulcus of his right occipital and parietal lobes and memory related portions of his midbrain, in August 2017. It profoundly compromised his memory formation and retrieval abilities, his ability to type accurately with his left hand (due to loss in his, his ability to comprehend novel and complex instructions, his ability to navigate in physical space (not merely sense of direction, but mental mapping, which is related to laying out plans for, to take one example, a brief), and – due to his ability inability to recall the locations of items in both physical and (in the case of computer files) and virtual space – on his organizational ability.
This was not enough to keep Mr. Diamond from speaking, writing, driving, walking, and most other things – but it created insurmountable obstacles for him as a solo practitioner litigator, who cannot be positioned to lose “only” 5% of their papers and remember “a vast” 95% of the promises made to clients and to courts.
He was declared permanently disabled in September 2018, after the year in which hoped-for improvements had expired. Accordingly, he has been phasing out his active litigation practice – with (without elaborating in much detail) the expected financial repercussions. He no longer pursues trials at all, nor does he engage (except when necessary) in complex motions. His courtroom practice has been
limited to procedures with which he is already familiar – including ballot challenges – and which can usually be accomplished in one day. (He retains his law license for the purposes of counseling clients confidentially, offering second opinions on cases to other attorneys, and work as a contract document review attorney, which does not overtax his abilities.) His basic reasoning and analytical abilities, except as affected by memory deficiencies, are intact. He retains his ability to respond to items in the moment and in a continuous setting. But most understanding of procedural law is gone and resists reinstatement.) Putting aside his being sued by Cross-Appellant2 in federal court, he has two remaining active matters: a default prove-up and this appeal.
Recounting all of the above is a painful and humiliating – and also a dangerous exercise in personal candor, given that it may further whet Ms. Albert’s voracious appetite for litigation and tendency to engage in what she apparently preemptively calls “paper terrorism” See Exhibit A, Motion of bankruptcy
Trustee, at pages 18-19 – but it is a necessary part of representing Mr. Daniels.3. This and attorney filed the underlying claim against Ms. Albert in the expectation that it could be argued in one day, and filed the appeal in the expectaion that it would be subject to a rapid priority Election Law calendar reference, based on a misapprehension of how this court handles appeals as oppoed to extraordinary writs.
Once it became clear that the appeal would not be heard on an expedited basis, and that he would not be competent to handle a protracted appeal, Mr. Diamond allowed the appeal to default. (He would have formally withdrawn it, but due to a complex series of events involving his electronic service provider, he literally did not have the funds to reactive a suspended account to allow him to do so. It may be that a non-disabled lawyer might have figured out a way to do so; despite hours of attempts, he could not.)
Wow. Greg couldn’t hit up a couple of pals for a 50 buck float?
The party had another and more clear option for Diamond’s removal — his November sixth blog post urging Democrats to vote for a third rate Republican conservative candidate up close and personal over the DPOC’s Distrct #2 endorsements Central Committee candidate. From his post: This is where I disobey the orders of the DPOC; this is my ticket to the a trial in the dock. I won’t mince words: Jordan Brandman should not get your vote for this district. Does that mean that Democrats won’t be able to get a Council majority, even if Ashleigh Aitken and Jose Moreno and Grant Henninger win? Yes, it does. But there are worse things than not having a majority — and one of them is being an only nominal majority — and having to accept responsibility for all that happens — while being a functional minority because one of your members is on the wrong side, so that the wrong things happen.
This marks the second time the DPOC Central Committee has removed Greg Diamond. Let’s see where this goes.
# # #