[Lnc-business] Fwd: Judicial Committee motions
Caryn Ann Harlos
caryn.ann.harlos at lp.org
Mon Jul 16 10:21:40 EDT 2018
Please see the below communication from Chuck Moulton.
Which brings to mind another way to handle. Since the maybe JC did this
outside of our direction - if we refer ratification of this to the
delegates my mail - majority vote- we have as legitimate of JC that we are
going to get.
-Caryn Ann
---------- Forwarded message ---------
From: Chuck Moulton <chuck at moulton.org>
Date: Mon, Jul 16, 2018 at 7:41 AM
Subject: Judicial Committee motions
To: Nick Sarwark <chair at lp.org>, Caryn Ann Harlos <secretary at lp.org>
CC: D Frank Robinson <dfrank_robinson at yahoo.com>, Chuck Moulton <
chuck at moulton.org>, Darryl Perry <Darryl at darrylwperry.com>, Ruth Bennett <
bennettruthaz at gmail.com>, Geoff Neale <liber8or at austin.rr.com>, Jim Turney <
LP at jimturney.com>, Tricia Sprankle <tricia at spranklelaw.com>, Alicia Dearn <
aliciadearn at bellatrixlaw.com>, William Hall <WHall at wnj.com>, John Buttrick <
jabuttrick at gmail.com>, Rob Latham <freeutahns at gmail.com>, Michael Badnarik <
scholar at constitutionpreservation.org>, Gary Johnson <sedition at aol.com>
Chuck Moulton wrote (7/6/2018 at 4:31 pm):
> Because no one received a majority vote with approval voting, there is a
> controversy as to whether the Judicial Committee was properly elected.
>
> Without getting into details of the relative merits of each
> interpretation, I believe this is an exhaustive list:
>
> 1. The convention elected all 7 JC members by plurality (the motion to
> suspend the rules for at-large applies to JC because our rules say the
> JC uses the same method of election as at-large).
>
> 2. The convention elected 5 JC members by plurality (the motion
> referenced above explicitly said the top 5 would be elected by plurality)
>
> 3. The JC from the previous term continues serving another 2 or 4 years
> (no one received a majority)
>
> 4. The LNC can appoint the JC (the LNC can fill at-large vacancies, and
> our rules say the JC is elected by the same method as at-large)
>
> 5. We have no JC (no one received a majority and our bylaws say the JC
> serves until the final adjournment of the next convention rather than
> when the next JC is elected)
>
> I can't do anything about interpretation #5.
>
> I am trying my best to at least make the interpretations in #1, #2, #3,
> and #4 be the same people so those with different interpretations don't
> think we have 4 different JCs. I believe this will add to the
> legitimacy of the JC.
Mr. Chair and Ms. Secretary,
Please relay the following information to the Libertarian National
Committee. I write both on behalf of the 2016-2018 Judicial Committee
and on behalf of the 2018-2020 Judicial Committee.
First (to harmonize #3 with #1), the Judicial Committee from the
2016-2018 term (which consisted of Michael Badnarik, John Buttrick,
Alicia Dearn, Bill Hall, Gary E. Johnson, Rob Latham, and Chuck Moulton
with Chuck Moulton serving as chair) passed the following motion by
email ballot with a vote of 6-0-1:
----------------------------------------------------------------------
I move that the following people be appointed to the Judicial Committee
to fill the 6 vacancies created upon the resignations of 6 members of
the Judicial Committee:
* D. Frank Robinson
* Darryl Perry
* Ruth Bennett
* Geoff Neale
* Jim Turney
* Tricia Sprankle
----------------------------------------------------------------------
The following members of the old JC submitted letters of resignation
contingent on the motion passing:
* Alicia Dearn
* John Buttrick
* Bill Hall
* Rob Latham
* Michael Badnarik
Gary E. Johnson did not respond to emails, participate in the vote, or
submit a letter of resignation. By phone he told me that he is not on
the Judicial Committee. He also believes we have no JC this term.
Second (to harmonize #2 with #1), the Judicial Committee which was
arguably elected by plurality for the 2016-2018 term under the
interpretation that the top 5 (but not the top 7) were elected (which
consisted of D. Frank Robinson, Chuck Moulton, Darryl Perry, Ruth
Bennett, and Geoff Neale with Chuck Moulton serving as interim chair)
passed the following motion by email ballot with a vote of 5-0-0:
----------------------------------------------------------------------
I move that the following people be appointed to the Judicial Committee
to fill the 2 vacancies left on Judicial Committee (if such vacancies
exist):
* Jim Turney
* Tricia Sprankle
----------------------------------------------------------------------
At this point we 7 (D. Frank Robinson, Chuck Moulton, Darryl Perry, Ruth
Bennett, Geoff Neale, Jim Turney, and Tricia Sprankle) plan to elect a
committee chair and consider rules of appellate procedure to submit to
the Libertarian National Committee by the 90 day deadline in bylaw 8.3.
We realize that the JC election may still be a mess, but any further
resolution is out of our hands. Therefore, we will proceed as if we
were legitimately elected in order to meet bylaws deadlines.
Chuck Moulton
Interim Chair, 2018-2020 LP Judicial Committee
Chair, 2016-2018 LP Judicial Committee
--
--
*In Liberty,*
*Caryn Ann Harlos*
Libertarian Party and Libertarian National Committee Secretary - Caryn.Ann.
Harlos at LP.org <Caryn.Ann.Harlos at LP.org> or Secretary at LP.org.
Chair, LP Historical Preservation Committee - LPedia at LP.org
A haiku to the Statement of Principles:
*We defend your rights*
*And oppose the use of force*
*Taxation is theft*
-------------- next part --------------
Please see the below communication from Chuck Moulton.
Which brings to mind another way to handle. Since the maybe JC did
this outside of our direction - if we refer ratification of this to the
delegates my mail - majority vote- we have as legitimate of JC that we
are going to get.
-Caryn Ann
---------- Forwarded message ---------
From: Chuck Moulton <[1]chuck at moulton.org>
Date: Mon, Jul 16, 2018 at 7:41 AM
Subject: Judicial Committee motions
To: Nick Sarwark <[2]chair at lp.org>, Caryn Ann Harlos
<[3]secretary at lp.org>
CC: D Frank Robinson <[4]dfrank_robinson at yahoo.com>, Chuck Moulton
<[5]chuck at moulton.org>, Darryl Perry <[6]Darryl at darrylwperry.com>, Ruth
Bennett <[7]bennettruthaz at gmail.com>, Geoff Neale
<[8]liber8or at austin.rr.com>, Jim Turney <[9]LP at jimturney.com>, Tricia
Sprankle <[10]tricia at spranklelaw.com>, Alicia Dearn
<[11]aliciadearn at bellatrixlaw.com>, William Hall <[12]WHall at wnj.com>,
John Buttrick <[13]jabuttrick at gmail.com>, Rob Latham
<[14]freeutahns at gmail.com>, Michael Badnarik
<[15]scholar at constitutionpreservation.org>, Gary Johnson
<[16]sedition at aol.com>
Chuck Moulton wrote (7/6/2018 at 4:31 pm):
> Because no one received a majority vote with approval voting, there
is a
> controversy as to whether the Judicial Committee was properly
elected.
>
> Without getting into details of the relative merits of each
> interpretation, I believe this is an exhaustive list:
>
> 1. The convention elected all 7 JC members by plurality (the motion
to
> suspend the rules for at-large applies to JC because our rules say
the
> JC uses the same method of election as at-large).
>
> 2. The convention elected 5 JC members by plurality (the motion
> referenced above explicitly said the top 5 would be elected by
plurality)
>
> 3. The JC from the previous term continues serving another 2 or 4
years
> (no one received a majority)
>
> 4. The LNC can appoint the JC (the LNC can fill at-large vacancies,
and
> our rules say the JC is elected by the same method as at-large)
>
> 5. We have no JC (no one received a majority and our bylaws say the
JC
> serves until the final adjournment of the next convention rather than
> when the next JC is elected)
>
> I can't do anything about interpretation #5.
>
> I am trying my best to at least make the interpretations in #1, #2,
#3,
> and #4 be the same people so those with different interpretations
don't
> think we have 4 different JCs. I believe this will add to the
> legitimacy of the JC.
Mr. Chair and Ms. Secretary,
Please relay the following information to the Libertarian National
Committee. I write both on behalf of the 2016-2018 Judicial Committee
and on behalf of the 2018-2020 Judicial Committee.
First (to harmonize #3 with #1), the Judicial Committee from the
2016-2018 term (which consisted of Michael Badnarik, John Buttrick,
Alicia Dearn, Bill Hall, Gary E. Johnson, Rob Latham, and Chuck Moulton
with Chuck Moulton serving as chair) passed the following motion by
email ballot with a vote of 6-0-1:
----------------------------------------------------------------------
I move that the following people be appointed to the Judicial Committee
to fill the 6 vacancies created upon the resignations of 6 members of
the Judicial Committee:
* D. Frank Robinson
* Darryl Perry
* Ruth Bennett
* Geoff Neale
* Jim Turney
* Tricia Sprankle
----------------------------------------------------------------------
The following members of the old JC submitted letters of resignation
contingent on the motion passing:
* Alicia Dearn
* John Buttrick
* Bill Hall
* Rob Latham
* Michael Badnarik
Gary E. Johnson did not respond to emails, participate in the vote, or
submit a letter of resignation. By phone he told me that he is not on
the Judicial Committee. He also believes we have no JC this term.
Second (to harmonize #2 with #1), the Judicial Committee which was
arguably elected by plurality for the 2016-2018 term under the
interpretation that the top 5 (but not the top 7) were elected (which
consisted of D. Frank Robinson, Chuck Moulton, Darryl Perry, Ruth
Bennett, and Geoff Neale with Chuck Moulton serving as interim chair)
passed the following motion by email ballot with a vote of 5-0-0:
----------------------------------------------------------------------
I move that the following people be appointed to the Judicial Committee
to fill the 2 vacancies left on Judicial Committee (if such vacancies
exist):
* Jim Turney
* Tricia Sprankle
----------------------------------------------------------------------
At this point we 7 (D. Frank Robinson, Chuck Moulton, Darryl Perry,
Ruth
Bennett, Geoff Neale, Jim Turney, and Tricia Sprankle) plan to elect a
committee chair and consider rules of appellate procedure to submit to
the Libertarian National Committee by the 90 day deadline in bylaw 8.3.
We realize that the JC election may still be a mess, but any further
resolution is out of our hands. Therefore, we will proceed as if we
were legitimately elected in order to meet bylaws deadlines.
Chuck Moulton
Interim Chair, 2018-2020 LP Judicial Committee
Chair, 2016-2018 LP Judicial Committee
--
--
In Liberty,
Caryn Ann Harlos
Libertarian Party and Libertarian National Committee Secretary
- [17]Caryn.Ann. Harlos at LP.org or Secretary at LP.org.
Chair, LP Historical Preservation Committee - LPedia at LP.org
A haiku to the Statement of Principles:
We defend your rights
And oppose the use of force
Taxation is theft
References
1. mailto:chuck at moulton.org
2. mailto:chair at lp.org
3. mailto:secretary at lp.org
4. mailto:dfrank_robinson at yahoo.com
5. mailto:chuck at moulton.org
6. mailto:Darryl at darrylwperry.com
7. mailto:bennettruthaz at gmail.com
8. mailto:liber8or at austin.rr.com
9. mailto:LP at jimturney.com
10. mailto:tricia at spranklelaw.com
11. mailto:aliciadearn at bellatrixlaw.com
12. mailto:WHall at wnj.com
13. mailto:jabuttrick at gmail.com
14. mailto:freeutahns at gmail.com
15. mailto:scholar at constitutionpreservation.org
16. mailto:sedition at aol.com
17. mailto:Caryn.Ann.Harlos at LP.org
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