Friday, September 10, 2010

Flint Recall Attorney F.Anthony Lubkin talks about 09/10/10 Federal hearing.

originally uploaded by terrybankert.
At 7:30 I talked with Attorney F. Anthony Lubkin counsel for the Committee to recall Dayne Walling. Walling is the current Mayor of Flint Michigan about the hearing in U.S. Federal District Court in Detroit today. This hearing was caused when the Recall Committees appealed the county clerk's office ruling that the recall would not go on the November ballot because of insignificant valid signatures.

Lubkin stated that Genesee County Clerk Michael Carr and Flint City Clerk Inez Brown were in the building available to the court but not in the court room.

A committee volunteer Michael Gilbreath testified today.

The Federal Judge ordered that the recall Committee represented by Lubkin between now and Tuesday at 8;30 be allowed to pull a random sample of about 500 signatures from those that were rejected for forgery [ where the clerks said the signatures did not match]. The Judge directed that the committee retain the services of a statistician. Lubkin has indicated that a Wayne University Professor has been recruited and will pull the random sample.

Implicit in this arrangement is the cooperation of counsel on both sides and given the resistance demonstrated to date the co-operation of other counsel with Lubkin is hoped for. Lubkin with the persistence of process server Patrick Clawson hope to motivate their involvement.

The Judge has allowed several additional signatures to be tallied lowering to 510 the number of signatures short of placing the question of recalling Flint Mayor Dayne Walling on the ballot.

Lubkin will wait for the statistician to draw the sample before projecting an exact number for the sample size and what the needed number of confirmed signatures will be. His guess is that they will need 15 people whose signature were rejected because the clerks thought the signature on the registration card did not match the signature on the petition.

The judge ordered County Clerk Michael Carr and City Clerk Inez Brown to return Tuesday at 8:30 am.

Judge declared he is using a reasonableness standard. His intent is to allow in all signatures that are reasonable.

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