Wednesday, September 10, 2014

Almost done with the lawsuits

Judge Marullo will be allowed to run again for his seat.
Frank Marullo, the longest-serving judge in Louisiana, has won the legal battle over whether he can run for reelection at age 74.

The Louisiana Supreme Court on Wednesday declined to take up the lawsuit over Marullo’s eligibility, letting stand lower court rulings in his favor.

A group of voters backing one of Marullo’s election rivals, Orleans Parish prosecutor Graham Bosworth, tried to have Marullo declared ineligible because he will turn 75 before he would take office again on Jan. 1. The mandatory retirement age for judges in Louisiana is 70.

But Civil District Court Judge Kern Reese ruled for Marullo earlier this month, deciding the retirement age applies only to whether a judge may actually take office, not whether a candidate can participate in the election. State law requires only that a candidate live in the district where he or she is running and have eight years of experience as a lawyer in order to qualify.
Which means, and this is the fun part, that should Marullo be reelected (which he almost certainly will)  then opponents might be able to sue to keep him from taking office. Which would be a pretty clearly anti-democratic move on anyone's part.  But then again, so is an age limit for office holders in the first place. 

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