316
Spin Zone / Re: Election 2020
« on: October 26, 2023, 06:56:28 PM »Finally some potentially good news in the two-year-old Georgia Fulton County mail ballot case:One year update: yes, the case still plods on. A judge was assigned and the plaintiffs knew he wouldn't be fair, so argued for a new judge in May:
https://voterga.org/wp-content/uploads/2022/10/Press-Release-GA-Supreme-Court-Rules-Voters-Have-Standing.pdf
In theory this means the Georgia Supreme Court would find that the Fulton County lawsuit would proceed and the ballots (if they still exist) can be examined.
Quote
PETITIONERS' MOTION TO RECUSE
COME NOW, PETITIONERS, GARLAND FAVORITO, TREVOR TERRIS, AND CHRISTOPHER PECK, by and through their attorney of record in the above styled case, and move the Court, pursuant to Uniform Superior Court Rule 25.1, that Honorable Judge Robert McBurney be recused or be disqualified from hearing this civil action. In support of this motion, and pursuant Uniform Superior Court Rule 25.1 and 25.2, the above-named Petitioners have attached an affidavit fully outlining and asserting the facts upon which the motion is founded. Said affidavit details the prejudice or bias toward the moving parties in particular, or a systematic pattern of prejudicial conduct toward persons similarly situated to the moving parties, which would influence the judge and impede or prevent impartiality. This motion is timely filed within five (5) days of when the Affiant first learned of the alleged grounds for disqualification in this particular case. The above-named Petitioners are entitled to RECUSAL or DISQUALIFICATION as there is no just reason for delay.
Respectfully submitted this the 16th day of May, 2023.
Five months later the judge finally orders a reassignment to another judge.
Quote
ORDER OF REASSIGNMENT TO HEAR MOTION TO RECUSE
Petitioners Garland Favorito, Trevor Terris, and Christopher Peck filed a motion to recuse on 16 May 2023. A day later, Petitioner Caroline Jeffords joined in. The motions to recuse were filed after the Honorable Chief Judge Brian J. Amero transferred the case to the undersigned on 12 May 2023.
Pursuant to Uniform Superior Court Rule 25.3, the Court determines that the motions were timely filed and the affidavits are legally sufficient. Accordingly, the Court requests that another judge be assigned to hear the motion.
SO ORDERED this 11th day of October 2023.