Monday, June 9, 2008

Lawsuit against state GOP dismissed. Polland to appeal

Harris County Court at Law Judge Roberta Lloyd has dismissed the lawsuit against the Republican Party of Texas. The lawsuit, filed by several GOP activists, seeks to order the party to follow the Texas Election Code, which requires the election of a permanent chair of the convention before conducting any party business. The court ruled it did not have jurisdiction in the matter. The court had previously issued a temporary restraining order against the party, which has since expired. “For all of Gary Polland’s and Debra Medina’s histrionics, both have shown an incredible lack of understanding of the Party process or the Texas Election Code," said Republican Party of Texas Spokesman Hans Klingler. "The Republican State Convention has always and will continue to be conducted in full compliance with the law and the rules passed by the grassroots. If someone wishes to change the law, they have an opportunity next year when the Texas Legislature convenes. You would think two political operatives like them would know that?” Klingler questioned.

Gary Polland is the attorney who filed the lawsuit and a former chairman of the Harris County GOP. Debra Medina is the current chair of the Wharton County GOP and a plaintiff in the suit. Said Polland, "Instead of the party coming in and debating the issue on the merits, [the party] filed what I believe is a spurrious motion to say the court had no jurisdiction, even though the election code specifically says injuctive relief is one of the available options for people having trouble in having the election code followed." Polland added that the judge ruled that the proper remedy is not an injunction but a writ of mandamus, which is handled by appellate courts in Texas. Polland said he will file an emergency appeal with the Court of Appeals. "We are hopeful the Court of Appeals will follow the rule of law, and inform the court [it does] in fact have jurisdiction and the case can go forward." Polland said he has not decided whether to file for a writ of mandamus. He added the First Court of Appeals rejected the Republican Party's request for a writ of mandamus.

"In my statements, you don't hear any personal attacks or slams on anybody or their motives or anything else their doing," Polland said. "Our motives are very pure. Follow the law ... we want the rule of law followed by our party because we're better than the Democrats."

1 comment:

David Rogers said...

I have some questions about the lawsuit. But I have no doubt about condemning this divisive, misleading, dishonest rhetoric coming out of RPT HQ. That clown, Klinger, needs to be fired yesterday.

You don't abuse your enormously successful GOP activists like this. A respectful statement, emphsizing civil disagreement and respect for the courts would be appropriate.

This kind of behavior just begs for division and defeat.

Klinger's statements were over the top and disrepectful. His characterization of the judge's order, misleadingly framed as though it were a quote from the order (it's not) carries with it the stench of dishonesty. Only the most charitable could describe Klinger's statement as mistaken.

Fie. The level of vitriol here is higher than should be used against Democrats, much less our own.

You can read the judge's order here.