Dave Munson’s Hero?
Only the Gargoyle Leader would defend the mayor by saying it is okay to ignore a subpoena;
Meanwhile, Munson decided not to show up for a deposition that was scheduled for Feb. 19.
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In this case the mayor’s move is justified.
Justified to ignore the law? As we learned in the Sandy Jerstad crash em’ up, bang em’ up, lawmakers should always be following the law and should be held to a higher standard. But not in South Dakota. Run a stop sign and kill a guy? Slap on the wrist and 100 days in jail.
Lawyer William Garry, who’s representing the city, argues that any information the mayor has about the contract can be obtained from other city employees.
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As a matter of fact, the contract itself should be easily accessible.
DOES NOT MATTER! Munson signed the contract! He is the responsible party. The buck stops here. The big cheese. Commander in chief. If he can’t remember what he is signing, maybe he needs to sit down with those ‘other’ city employess and figure it out before he testifies.
But there’s no indication that the city either is devaluing this case or trying to make it hard for the plaintiff to gain the information he needs.
Nope, just a pathetic local newspaper pandering and apologizing for them.
In lieu of any such development, however, the mayor is within appropriate bounds to make sure that all the pertinent details about the contract are available in other ways.
No he is not. Who made the great Gargoyle Leader Editorial board judge and jury all of sudden? God forbid. A supoena is just that, a supoena. If he doesn’t want to follow it I suggest we cuff him and stuff him for contempt of court. Case closed!
I’m not sure what the city has done, but I think the city should first have to file a motion to quash the subpoena for the deposition. That’s typically how it is done when the deponent does not believe they should have to testify. Then there is a hearing on whether the deponent needs to testify.
Also, the rules of civil procedure allow what is called a Rule 11 motion for sanctions against the party who did not show up to cover the costs of the other party who called the deposition.
Unless there is some case law or statutory law that gives a South Dakota mayor executive privilege, I don’t know why the mayor would not legally have to respond to this situation as any other citizen would.
Todd D. Epp, Esq.
SD Watch http://www.southdakotawatch.net
Oh, I understand it is perfectly legal for him to ask for a judgement from Caldwell on whether or not to testify, but I don’t agree with it, I just think since he signed the contract, he should testify. It also does not surprise me that the AL would take his side on this, they lobbied for those stupid cameras in the first place. What most people don’t understand is the case itself. I talked to I.L. in great detail about it. It was a right turn on red after stopping and yielding, which is perfectly legal according to state law, the city has no right to give out tickets to people who are following the law even if there is a sign there saying otherwise.
Todd.
I have been following this red light camera issue in Sioux Falls for a few years now. The issue for me has always been about safety on our streets and controlled intersections. That issue is much larger than just the red light camera at 10th and Minnesota, although that camera is central in what the city has done with the timing of the lights…throughout ALL of Sioux Falls.
I would hope this pending litigation clears all this up, but I doubt it will.
BTW Todd, sometimes, not nearly as often as it used too, my computer freezes up when I go to your site. What’s with that?
I find this site, your site, and the one from Madison to be a hell of a lot more informative about important issues than the drama that plays out daily on the argus forum.
Warren- you are right, the camera’s don’t really make us more safe and they are unconstitutionally healthy to due process. Hopefully the combination of the Redlight Camera suit and Code Enforcement suit the city will finally be brought to their knees and get rid of the non-appeal process.
Yeah, Cory is a great writer, one my favorite SD blogs. The Libs in SD are lucky to have them in their corner. You should meet him in person sometimes, brilliant person.
Todd is not so bad either, but I do agree, his site has issues sometimes with loading. I think he has too many doohickey’s going on, but to each his own.
BTW – How was the O’Dells?
The O’Dell’s? Hopefully I will find out tonight. The other day when I was asking where, that was under the umbrella that I actually had a voice in where I was taking the boss for dinner that night. We, (that being she) decided on a different place to eat than I had in mind which did not include a stop at a place that may or may not have had O’Dell’s.
If I can get off the internet long enough to finish folding clothes and vacuuming, I may make a break for Hy-Vee. The boss said if I let her know when I got done with that stuff, she’d remotely shut off my shock collar so I can leave the yard.
Windsor: Thanks for that ringing endorsement–“not so bad.” Garrison Keillor writing your material now?
BTW, have you ever created art from Peeps like have, Mr. Big Time Artist? That right, I didn’t think so. I’m bringing Mt. Peepsmore to the big party tonight and all you “real” artists can “eat it” and weep.
Warren, thanks for the props. I think my Blogspot site sometimes has some compatibility problems with Microsoft Explorer. It loads best in Google Chrome or Firefox.
Todd Epp
SD Watch http://www.southdakotawatch.net
Todd Epp
To add to what Todd said, google chrome is a much better browser than IE. I use it at home and love it. Firefox is OK too, but not as good IMHO.
Both your and Cory’s sites are far and away better sources of news than any of htese so-called “journalists” at our local yokel news outlets.
Come here for news with a good dose of snark, hang out at Todd’s and Cory’s for state news, and go to Pat’s place for your daily dose of conservatism.
And if you feel like a laugh, check out Steve’s house of more baybeez.
Windsor:
I’m not excusing Mayor Dave from the deposition. I’m just saying there’s a “right” way to do this other than not showing up.
Todd D. Epp, Esq.
Peeps Artiste Extrodinaire
SD Watch http://www.southdakotawatch.net
P.S. Ghost–Thanks for the props!
Todd – I was busting your balls about the site, I just like f’ing with bleeding heart liberal lawyers. There was a contest last year in the WAPO
http://www.washingtonpost.com/wp-dyn/content/gallery/2008/03/21/GA2008032101983.html?hpid=artslot
for peeps. I love it. Can I rent you some studio space? I won’t make it tonight, I have to work at my new part-time job, and I am bummed, I like going thru the leprechaun door at McNallys. Makes me feel tall and such.
And, Todd, I wasn’t disagreeing with you on the Munson thing. I agree, there is better ways to do it. I think he doesn’t know what he signs half the time and was worried about it testifying.
Windsor:
I was looking forward to seeing you tonight. Seriously. And showing off my PeepsArt to the ArtPeeps.
Todd
I think you should blow it up in the McNally’s parking lot and shoot YouTube video. God knows nobody eats those things.