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Forget The Rules- Imperial County Wants To Appeal Walker Ruling Despite Long Passed Deadline

02/28/11-by Bridgette P. LaVictoire
There is a certain smell in the air when it comes to the battle over marriage equality and Prop 8 in California- the smell of privilege and rank. In other words, these are people who want to break the rules so that they can continue to be bigots. Imperial County Clerk-Recorder Chuck Storey has asked to be allowed to intervene in the Prop 8 appeal in order to appeal the decision by Judge Vaughn Walker overturning Prop 8. There is one slight problem- and it’s a doosy. The deadline to file to appeal the ruling passed six months ago.

It does not matter if Storey has standing with regards to the facts of the case. While it is correct that his job as the elected Clerk-Recorder for that county would be impacted, bad legal advice given to one of his deputies means that he has no right to file the appeal because of the lapsed time. Storey wrote in his filing to intervene “I am concerned that an unappealable ruling by a single district court striking down Proposition 8 would create significant confusion for me and other Imperial County deputy clerks and officials in the performance of our legal duties regarding marriage.”

Actually, the confusion is probably non-existent, but the prejudice is. Should the ruling stand, then they would have to issue marriage licences to lesbian and gay couples.

It is possible that he could appeal to the Supreme Court to be allowed to appeal the ruling by the Appeals Court, but that may be the only opportunity that he has to do so. Last month, the Appeals Court ruled that his deputy clerk had no standing to appeal the ruling by Walker, and that an elected official might- might- have standing.

San Francisco Chief Deputy City Attorney Therese Stewart, however, pointed out that the deadline for appealing the Walker ruling passed in September, and she believes that it is too late for Imperial County to intervene. Stewart stated “Having failed timely to file a notice of appeal, the county clerk for Imperial County cannot now create jurisdiction by filing a motion to intervene.”

Lawyers for the county stated in a press release that this move brings a new perspective to the case, and if the request was denied, it would bring up the question of whether or not anyone has sufficient legal interest to appeal Walker’s ruling. Of course, no one bothered to note that the deadline passed last year. Jennifer Monk, with the law firm representing Storey, stated “This case is not only important for influencing nationwide law regarding marriage, but it is also important for the people of California to have their vote respected.”

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