Judicial Election Interference, Part 2
Judge Gildea dismissed the case on the third count, which is based on a technicality related to service, basically a get-out-of-jail-free card for the judge in this case. Instead of look at the merits of the case, just say it wasn't served to the appropriate people.
Introducing the Supreme Court Petition to stop certification; Article VI of the Minnesota Constitution lays out Judicial Power, the Supreme Court, and more
Here we introduce the 2020 Supreme Court petition that was dismissed by Judge Gildea even though Judge Dietzen was assigned to make an opinion on it.
Judge Gildea dismissed the case on the third count, which is based on a technicality related to service, basically a get-out-of-jail-free card for the judge in this case. Instead of look at the merits of the case, just say it wasn't served to the appropriate people.
Note the date of dismissal and how close this was to safe harbor for Minnesota's electors, coming up on Dec 8, 2020.
That's it for Part 2.
And for reference, a reminder from the Minnesota Constitution:
Article VI, Sec. 1 states:
Section 1. Judicial power.
The judicial power of the state is vested in a supreme court, a court of appeals, if established by the legislature, a district court and such other courts, judicial officers and commissioners with jurisdiction inferior to the district court as the legislature may establish.
Article VI, Sec. 2 states:
Sec. 2. Supreme court.
The supreme court consists of one chief judge and not less than six nor more than eight associate judges as the legislature may establish. It shall have original jurisdiction in such remedial cases as are prescribed by law, and appellate jurisdiction in all cases, but there shall be no trial by jury in the supreme court.
The legislature may establish a court of appeals and provide by law for the number of its judges, who shall not be judges of any other court, and its organization and for the review of its decisions by the supreme court. The court of appeals shall have appellate jurisdiction over all courts, except the supreme court, and other appellate jurisdiction as prescribed by law.
As provided by law judges of the court of appeals or of the district court may be assigned temporarily to act as judges of the supreme court upon its request and judges of the district court may be assigned temporarily by the supreme court to act as judges of the court of appeals.
The supreme court shall appoint to serve at its pleasure a clerk, a reporter, a state law librarian and other necessary employees.
