Serious question about Senate.

Well I doubt anyone knows this but maybe someone can find the answer.

Everyone knows Alaska Republican Sen.Stevens was convicted of a crime and it looks like he still was re-elected.

I think everyone also knows the Senate can kick him out if they so choose ok.

So let's just say the election stays the same and he is declared the winner of the term beginning in January but is expelled by a vote of the Senate or he resigns before the next term starts.

Is he still entitled to resume his seat in the new term come January?

And can he resign from the new term before he gets sworn in?

And finally, does the timing of his resignation or expulsion affect the way his successor is chosen?

Frank Murkowski resigned his U.S. Senate seat after winning the governor's seat in Alaska. Having won he appointed his daughter, Lisa, to replace him. It so annoyed Alaskans that they 1) voted in Sarah Palin to replace him, 2) voted a constitutional amendment for senatorial succession, and 3) scared the legislature into enacting a new law which also covers senatorial succession. As a result there is some confusion regarding naming a replacement. In any event, I believe, there is an election for the remainder of the term (the whole term) within 90 days of the governor naming his replacement.

There is no rule barring him from serving. I think the Senate will have to expel him.

Palin has rescinded her call demanding he resign, "The people have spoken."

Well if he wont resign I really doubt they would get him expelled before the new term in January, dont you?

So presumably Palin would appoint herself and then run as the Incumbent?

I doubt that very much. You may think Palin is stupid but she did manage to get herself elected governor. She is only too aware that Murkowski was vulnerable because of his selfish act of appointing his daughter. The list of governors who appointed themselves to the U.S. Senate and then won election is exactly one: Happy Chandler.

Well OC I dont know why you say I think she is stupid.

I have been sticking up for her over this rumor war being conducted by the Romney bunch. (Or whoever is behind it. I think it is the Romney bunch. Who else would it be?)

However I do think she is somewhat of a loose cannon.

And ambitious. (nothing wrong with that either).

Another option would be to appoint someone as a "caretaker" until the election and then she could run while she is Governor and use all the perks of the Governor office to help her get elected.

That would maybe make more sense than appointing herself.

She could orchestrate a "draft Palin" movement and make it look like she was reluctant but felt compelled to answer the people's call for her to run.

You know how that stuff works.

They have professional plotters to work out the details.

This is being done by a McCain staffer named Nicole Wallace. Why? I'm not sure. It makes them all look stupid. They selected Palin.

If Palin has ambitions she'd do better gaining executive experience. A sitting U.S. Senator was elected this year only because there was no other alternative. Having said that, Obama was a superior candidate: polished, well-spoken, glib, and able to speak for hours and specify nothing.

sodbuster wrote:Another option would be to appoint someone as a "caretaker" until the election and then she could run while she is Governor and use all the perks of the Governor office to help her get elected.

Substitute "Attorney General" for "Governor" and "him" for "her" and we're talking about West Virginia politics.

That's how it works, right Sherman.

I would love to see him run for Governor.

The bigmoney boys would fly into a bigger panic if he ran than they did against Charlotte Pritt.

btw I dont think it is widely known but he was poised to jump in for Gov. in '92 until Charlotte decided to run.

Then Mario Palumbo got the itch and that opened the gate for AG.

And the rest is history.

I just wonder how much richer his contributors have gotten since 1992?

Perhaps he should have ran for the 3rd district seat and then he could have reaped the financial benefits himself as Alan Mollohan has instead of doling the no bid contracts out to his cronies.

West Virginia politics.

A lot of it is sheer luck and timing.

I am sure Judge McGraw did not know ahead of time Mario was going to pull out and run for Governor.

Neither did anybody else I dont think.

So when he did there was not much time for anybody to file.

And McGraw lives right there in Charleston just a block or two from the Sec. of State office so he could be there in ten minutes.

If Mario had filed sooner it would probably be an entirely different story.

We would have a caretaker AG and there would be no argument about how to spend the $2 billion because there would be no $2 billion.

I just wonder how much richer his contributors have gotten since 1992?

33% of $2 billion.

Well would any of you guys rather not have the $800 million that went into TRS?

Or the other billion that went to the state treasury?

So in your mind it's ok to give away a third of the settlement because the state still gets two thirds. You're argument is boink.

The good citizens of West Virginia are funding one of the largest law firms in the state with 60 lawyers and over 200 support personnel.

If McGraw can't find a core group of lawyers on his staff that is qualified to pursue these types of cases, then he needs to get rid of the bad lawyers in the AG's office and hire competent attorneys so West Virginians won't have to give a third of any settlement out.

And if there are certain types of cases that require outside counsel, then he should follow the same rules and regulations that every other state office is required to follow and contingency fee cases don’t fit that bill.

McGraw has created his own cash cow to pay campaign contributors and you approve of it and there ain’t no way around that simple fact.

I guess you did not read the link I posted, but it takes up-front money to pursue these cases.

Typically up to a half million $.

That is why they engage law firms on contingency, because the state AG does not have that kind of discretionary funds.

And you can bet the Legislature and Gov. would not approve funding for it.

These guys he has been suing have deep pockets and they spread a lot around to politicians.

Engaging lawfirms on contingency fee basis is AGAINST the law Sherman. The AG's office CAN NOT do that. By your own admission, McGraw is breaking the law.

These guys he has been suing have deep pockets and they spread a lot around to politicians.

Yes, just before the election Darrell went to Boston to accept some cash from DuPont's law firm.

sodbuster wrote:I guess you did not read the link I posted, but it takes up-front money to pursue these cases.

Typically up to a half million $.

That is why they engage law firms on contingency, because the state AG does not have that kind of discretionary funds.

HORSEPUCKY, the AG and his battery of State employed Lawyers are being paid their salaries and entitlements ........ whether they are doing any work or not.

They don't require any up-front money to pursure other cases they work on ....... so why do they need up-front money to pursure "these cases" that you are referring to?

State employed Lawyers are the same as Corporate employed Lawyers, they are both "full time" paid employees.

Sherman, you are confusing those State employed Lawyers ....... with those Kanawha County employed School Teachers ........ because it takes "up-front money", above and beyond their standard pay and entitlements, ...... just to pay those Teachers to show up for work each day.

But a lot of them still won't come to work, ...... they are quite happy with their standard pay and entitlements.

And besides, they still get a "raise in pay" each year.



.

sodbuster wrote:I guess you did not read the link I posted, but it takes up-front money to pursue these cases.

Typically up to a half million $.

Sam raises a good point Sherman that perhaps you can clear up. Why exactly does it take “up to a half million $” to pursue those cases when the lawyers, paralegals and other support staff are already on salary at the AG's office?

Well we have a whole nuther thread set up to discuss McGraw and his office.

This particular thread was set up to discuss and possibly learn something about how Senate vacancies are filled.