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Kevin Kiley
Assemblyman Kevin Kiley. (Photo: Kevin Sanders for California Globe)

Gov. Newsom Trying to Remove Judge for Issuing Restraining Order

Legislature has abdicated its responsibility; the people have no representation at all

By Katy Grimes, July 14, 2020 12:16 pm

In June, Sutter County Superior Court Judge Perry Parker granted a temporary block on Governor Gavin Newsom’s Executive Order that requires all registered California voters to receive a mail-in ballot for the upcoming November election.

Assemblyman James Gallagher (R-Yuba City) and Assemblyman Kevin Kiley (R-Granite Bay) were granted a Temporary Restraining Order against Gov. Newsom suspending the Governor’s Executive Order N-67-20 regarding the conduct of elections, and further restrained him from “exercising any further legislative powers in violation of the California Constitution and applicable statute, specifically from unilaterally amending, altering, or changing existing statutory law or making new statutory law,” Kiley explained.

The temporary restraining order has expired, and an appeals court refused to extend it, Kiley told California Globe Tuesday.

However, Gov. Gavin Newsom is now petitioning to have Judge Parker removed, claiming that the judge is prejudiced against the governor.

Gov. Newsom’s lawsuit to remove Judge Parker. (Photo: screen capture of lawsuit)

“If you have a case in superior court, and you believe you cannot get a fair and impartial hearing or trial from the judge, commissioner, or referee assigned to your case, California Code of Civil Procedure (CCP) § 170.6 gives you the right to disqualify him or her without having to show a reason. This is called a peremptory challenge,” the Sacramento Law Library reports. “Each side gets to challenge a judge one time only. You have no control over the judge assigned to take over your case, so avoid hasty or ill-informed decisions to disqualify.”

“The governor has continued to brazenly legislate by fiat, without public input and without the deliberative process provided by the Legislature,” Gallagher and Kiley said after the TRO was granted. “Today the judicial branch finally gave him the check that was needed and that the Constitution requires.”

Data from the Election Integrity Project California shows 458,000 likely dead or relocated persons will be mailed ballots and 24,000 will be mailed two or more ballots, the Globe recently reported.

Election Integrity Project California sent out an email explaining four points:

  • The court ruling against Governor Newsom’s Executive Order was a reprimand of the governor for overstepping the boundaries of his executive position. It was a win for balance of power–the system works.
  • There is no Constitutional prohibition of all-vote-by-mail elections, as long as the mandate is duly passed into law by the state legislature.
  • To summarize: the governor cannot institute election procedures through executive action, but the legislature can.
  • AB 860 mandates exactly what Newsom’s executive order laid out. The court ruling will not affect the legality of AB 860.

Kiley continues to be very concerned about the state operating without the Legislature. “The governor is running the state all by himself,” Kiley said. “The Legislature abdicated its responsibility. The people have no representation at all.”

Kiley said Assembly Speaker Anthony Rendon suspended the Assembly’s return until July 27, leaving only one month to consider legislation and provide needed constitutional oversight. “This comes after the Legislature’s two-month absence earlier this year and a three-week summer recess.”

While recent positive COVID-19 cases in the Capitol must be addressed with the utmost seriousness, shutting down the legislative branch is not the answer, Kiley said. He added it was surprising that the Legislature had no plan in place for the inevitability of someone in the Capitol testing positive for COVID-19. “Everyone thinks any COVID death will be placed on their shoulders.”

But the Legislature opened that Pandora’s box when it introduced a bill to allow employees who were sick with coronavirus to file workers’ compensation claims against their employers, claiming the illness as a workplace injury, and the employers’ fault, California Globe reported.

With the Legislature gone, “that leaves all power in the hands of one person,” Kiley said. “It results in no public input, no oversight, and worse policy – including on matters of public health that affect all 40 million Californians.”

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12 thoughts on “Gov. Newsom Trying to Remove Judge for Issuing Restraining Order

  1. Thanks for keeping us up to date Katy. It is nearly impossible to find meaningful California new in California because all the California news outlets refuse to keep people informed.

  2. Governor Newsom is guilty of treason and no longer has authority to issue shit. Gavin Newsom needs to get his comeuppance. Remove him from office and deliver the punishment for treason.

  3. I am guessing because I don’t have exact dates. My question is the assembly has been shut down, on vacation etc for at least 3 /4 months of this year.!
    People aren’t getting unemployment checks, we have taxation without representation, I am sure the assembly is drawing full salary, maybe even unemployment, and a governor who’s out of control and all I can do is write on Facebook !

  4. NOW can we mobilize people to recall this incompetent narcissistic dictator Governor???

    Where’s Tom McClintock or John Moorlach when we need them to lead the revolution???

  5. I am not an attorney, but ostensibly it looks like Newsome is seeking removal of the judge from the case, rather than from office. In California, a Superior Court Judge is elected and not appointed. Therefore, a referendum or plebiscite would be needed to remove the judge from office.
    Newsum is deleterious to Californian’s in so many ways, especially in regards to mail-in voting. On Facebook, many have reported receiving voting ballots that were partisan leaning, rather than partisan neutral. That in itself impairs the validity and reliability of voting results. Therefore, I’m an not a proponent to mail-in voting. Additionally, I’m inimical to the creation of law by Governor fiat.
    Last issue: Stop paying those clowns we call senators and congressmen at the state and federal level, when they take exorbitant amounts of time off or when they gravitate with time to becoming the problem, rather than part of the solution.

  6. Californians, now is a crucial time to do more than recall our gavinor. As this state suffers from the relentless dictatorial madness of Newsom, we have been provided a perfect opportunity to enact our God given duty to protect liberty and to expose darkness, to preserve a constitutionally empowered People and to change the course of this country forever.

    Our mission is the accomplish a 51st state, in pursuit of forming a more perfect union. The New California State has been on the move for several years now, and has been growing in clout in nearly every county in California. After 106 weeks of expressing grievances, and gaining support, our perseverance can succeed in forming a new state, with the values that allow a real chance to life, liberty, and the pursuit of happiness.

    Listen for this outstanding movement, and pray to free our citizens from the mono-party legislature, the unchecked power of the Chinese funded governor, and the hundreds of illegal actions we’ve been subject to by the left. And take a part in forming the state of New California.

    Be blessed, everyone.
    https://www.newcaliforniastate.com/

  7. These hostile Governors need to be dealt with. We are the “United” States of America, not each state a country of their own. People are being forced to live under these dictators who are bankrupting their states and defying their Constitutions. Where is the FBI? Why is this being allowed to continue? Who is really in control? China? I am an American first and foremost. California has become a rogue state.

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