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And this is my other brother, Darrell...

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SamCogar
ohio county
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Post by Aaron Tue Jan 22, 2008 2:45 pm

ziggy wrote:
Aaron wrote:No, a judge does not have to accept a plea agreement or a settlement. It is his prerogative to throw them out if he so chooses.

But once the Court does accept it, then it becomes the Court's order. If either party tries to circumvent it, the the other party- or even intervening parties that can show standing- can have the Court require full compliance, or to hold in contempt any party that does not comply.

So why does an elected official and what is supposed to be our lawyer, sign off on an agreement that is, at the very least, shady in regards to constitutionality and circumvents our legaslative process?

Even if there is an off chance that it's legal (which I don't believe it is) it stinks to high heaven of unethical actions. He does it because he can get away with it in this state. In many other states his actions would have been squashed immediately, he would have likely been voted out and possibly went to jail if his actions continued.

But this is West Virginia and we do things different. And people wonder why we have to depend on the likes of Don Blankenship to do business in this state. Rolling Eyes Rolling Eyes Rolling Eyes
Aaron
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Post by Aaron Tue Jan 22, 2008 2:46 pm

Stephanie wrote:
Aaron wrote:No, a judge does not have to accept a plea agreement or a settlement. It is his prerogative to throw them out if he so chooses.

As for what a judge is supposed to do, look at the recent relevations of democrat Spike Maynard. If that isn't enough, maybe you could do a little reserch on John Hay.

Then you're blaming the wrong person, by your own admission.

The judge is responsible. The judge has the discretion to reject a settlement and if the terms of the agreement violate the law then it is the judge's responsibility to do so.

Judges are elected in this state and the citizens can vote them out of office the same way the can vote the AG out if they don't like the jobs they are doing. The WV Consitution allows for other remedies if necessariy including suspension, censorship and even impeachment. Perhaps you should be looking into this rather than attacking the AG for doing his job and abiding by the terms of the settlements.

Ask your man RP. He'll tell you constitutionality and law aren't always the same thing.

And who knows, maye if you stay long enough, you might actually understand how this state works.
Aaron
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Post by Stephanie Tue Jan 22, 2008 3:01 pm

You're still blaming the wrong person, Aaron. Sure a law can be unConstitutional, but those unConstitutional laws are created and enacted by the same legislature you are insisting should have control over the settlement funds.

The judge in overseeing the case is obligated to interpret the legality, and the Constitutionality, of the settlement. When he/or she fails to do so that is a problem. You're implying that is what has happened but fail to provide proof or hold the correct individuals responsible.

If a judge has wrongly accepted a settlement, then the legislature could challenge the settlement in a higher court. They won't and it is their inaction that leads me to believe this is nothing more than sour grapes.
Stephanie
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Post by Stephanie Tue Jan 22, 2008 3:02 pm

And who knows, maye if you stay long enough, you might actually understand how this state works.

Oh, btw........I wasn't here but a couple of weeks before I understood this state doesn't "work". That's the problem.
Stephanie
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Post by Aaron Tue Jan 22, 2008 3:05 pm

Stephanie wrote:
And who knows, maye if you stay long enough, you might actually understand how this state works.

Oh, btw........I wasn't here but a couple of weeks before I understood this state doesn't "work". That's the problem.

No, they "work" alright. The problem is who they "work" for.
Aaron
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