Judge smacks down Cap’n Al’s unconstitutional abuse of power

Posted by AzBlueMeanie:

Earlier this year, our comic "hero" (sic) Cap'n Al Melvin (R-LD 26) sponsored legislation to expand the Pinal County Board of Supervisors from three members to five members, years before this will happen anyway in 2012 after the 2010 census, because "Republicans shouldn't have to wait that long to get a board" he believes the GOP would control by a 3-2 margin. Judge voids Pinal Board of Supervisors law

Cap'n Al disregarded the Arizona Constitution and the rule of law in his partisan quest to create two new Republican-dominated supervisor districts in Pinal County. Most people would call this an abuse of power, and rightly so.

And Maricopa County Superior Court Judge Edward Burke just did. Judge Burke said the legislation approved earlier this year is unconstitutional. Burke said he found several legal flaws in the law. Judge voids Pinal Board of Supervisors law:

Burke, who handled the case after all the Pinal County judges disqualified themselves, said the measure, which applies only to Pinal County, runs afoul of a provision in the Arizona Constitution that prohibits "local or special laws."

Even if it didn't, Burke pointed out the law would have required the two new supervisors to be elected in 2010 to serve just two-year terms. That, he said, violates another constitutional provision saying all supervisors have four-year terms.

Finally, Burke said the populations in each of the five community college districts that Melvin's legislation sought to use for the 2010 election are now far out of balance with each other, violating constitutional requirements for equal representation.

Cap'n Al's response to the ruling of the Court? "It's a crying shame."

No, Cap'n Al, "It's a crying shame" that a partisan hack like you who disregards the Constitution and the rule of law and willfully engages in abuse of power is serving in the Arizona Legislature. Hopefully the voters will correct their error in judgment in 2010.