Huckleberries Online

Attorney Explains Brannon Move

Posted by DFO

Dec. 11, 2009 10:23 a.m. • 14 comments

In a three-page letter to City Attorney Mike Gridley and Councilman Mike Kennedy, which accompanied an amended lawsuit, attorney Starr Kelso (pictured) asked for a preliminary meeting to resolve issues — and defuse acrimony from a public court fight. Kelso asserts that client Brannon want to resolve matters in a positive, constructive manner for voters’ sake. Quoth: “I suggest that such an approach will go a long way towards renewing the faith of the voters in government, and in the election process. I would suggest, on the other hand, that a hotly contested court fight, focused on personalities and who won the election, will only serve to alienate voters.” Kelso asks Gridley and Kennedy to respond to his letter by Tuesday. He said that the concerns re: the city election process, if responded to in a straight-forward fashion, could “streamline an lesson costs, if court proceedings are the only option.” You can read Kelso’s letter here. And: Brannon’s amended complaint from OpenCDA.com here.

DFO: BTW, the Coeur d’Alene Press buried this story on Page C-3, beneath the records. In the past, Brannon articles re: his candidacy, firing, and election challenge were Page A-1 fare. Is this another indication that this lawsuit is losing steam?

Question: What do you make of attorney Starr Kelso’s letter to Gridley and Kennedy on behalf of challenger Jim Brannon?

14 comments on this post so far. Add yours!

Sisyphus on December 11 at 10:51 a.m.
Cant. Stop. Laughing.

To summarize the letter: We’re gonna win so lets just resolve it now and have a new election.

Gridley’s likely response: uh, no.

Its a pretty laughably pathetic attempt to disguise the fact that they have no resources to hunt this baby down. He hasn’t even served the complaint yet.
Joker on December 11 at 10:55 a.m.
Never Give up, never give in.

Classic header on a letter that is waving the white flag.
DFO on December 11 at 11:06 a.m.
@ Sisyphus re: “He hasn’t even served the complaint yet.”

Huckleberries hears … that Brannon’s team hasn’t even served Mike Kennedy, the key defendant in this — dare I make Bill McCrory’s head pop and use the term “frivolous”? — lawsuit. It’s beginning to seem to me that Brannon has had his 15 minutes of local fame and doesn’t want to shuffle off the stage for another 2 years when he’ll try another run for council.
Phaedrus on December 11 at 11:08 a.m.
another 2 years when he’ll try another run for council.—

God help us! Brannon and Gookin are both three time losers in the political realm, when are they going to learn that most people don’t want to buy what they are selling? Time for new blood.
Charlie on December 11 at 11:11 a.m.
Is Mr. Kelso trying to save face and not become a tag line for jokes? Does this “suit” have two pair of pants?
Sisyphus on December 11 at 11:26 a.m.
Its not the first time Starr has stared down the barrel of a fee award. He should know what it looks like. Maybe that’s why he hasn’t served it. I just can’t believe he has the temerity to ask the city to get out their checkbook on the basis of a complaint that continues to be a work in progress.
spokelooneh on December 11 at 11:55 a.m.
I don’t remember anything in the initial complaint about not seating Kennedy and Bloem as they are asking for here, as in an injunction.

I can’t make much sense of this…
nic on December 11 at 11:58 a.m.
“I can’t make much sense of this…”

You say it as if someone can make sense of it.
ejs on December 11 at 12:33 p.m.
Well if five votes constitutes “most people” then Phae has a point. Clearly in this ellection that doesn’t hold water. In the past the margins were higher but the lingering question is why so close this time.
In any case the longer this thing sticks around the more the winning incumbents have to work under a cloud.
The fact that it was on page 1, 2, 3, or what ever attests more to the fact that this will linger.
Phaedrus on December 11 at 12:59 p.m.
ejs. most people as in more than half that voted; if “most” people had voted for the challengers they’d be the winners and none of this “integrity of the election” would be in the news. Sore losers.
factchecker on December 11 at 1:42 p.m.
Will Mike Kennedy and the other council members be sworn in, in January if this has not been resolved?
spokelooneh on December 11 at 1:46 p.m.
Absent an injunction from the Court as requested by Kelso/Brannon, Kennedy and the others will be sworn in, in January.
factchecker on December 11 at 2:23 p.m.
Thanks, spokelooneh. If in fact they are sworn in, then does the lawsuit become a moot point?
spokelooneh on December 11 at 10:41 p.m.
“factchecker on December 11 at 2:23 p.m.

Thanks, spokelooneh. If in fact they are sworn in, then does the lawsuit become a moot point?”

Uh, no, I don’t think so. Presuming the lawsuit doesn’t get tossed summarily early on, there are still issues at law to be decided. I do believe an election contest lawsuit should receive expedited consideration by the Court(s).

BTW, those who say that the law(s) may need changing, well, one of the ways that happens is that a lawsuit successfully challenges the law at hand, and is overturned, generally after getting such ruling from the State’s Supreme Court. Amending or modifying the law in the legislative body is another way to do it, but since Marbury vs. Madison in 1803, the courts have the power to nullify existing laws passed by the legislature, on Constitutional grounds.

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D.F. Oliveria is a columnist and blogger for The Spokesman-Review. Huckleberries Online was judged the best 2008 Idaho newspaper blog by the Idaho Press Club. And the best 2007 news blog in the Pacific Northwest by the Society for Professional Journalist. Print Huckleberries is a past winner of the Herb Caen Memorial Column contest by the National Association of Newspaper Columnists. The Readership Institute of Northwestern University cited this blog as a good example of online community journalism.