Thursday, April 30, 2009

ASUN: Now violating plaintiffs' petitioners' rights

During the last session of the Senate, the distinguished and learned senators, at the urging of one very pushy ASUN Judicial Council justice, amended gutted the Judicial Rules of Procedure as were enacted during the 75th Senate Session (link to original rules).

Among the many dumb things that were changed (not that there were any reasonable, good changes) was the names of the parties to a case from plaintiff and defendant to petitioner and respondent. Thanks to the power of public records requests, we discovered a little boo boo in the enactment.

S. B. 76-14 Enrolled With Signatures




See it, it's right there. Oh, too hard to see, well I'll quote it.
"Evidence that violates a petitioner's rights may not be submitted unless the respondent waives such rights."
(Rule 4(l)(4)).

Under the original, not-nearly-as-messed-up document, the clause read
"Evidence that violates a defendant's rights may not be submitted unless the defendant waives such rights."
Aside from, um, getting it wrong, a respondent can now waive the rights of a petitioner.

That's just one more gem from the 76th Session of the Senate, ladies and gentlemen. It's the gift that keeps on giving--that no one wanted in the first place.

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