MGO backs Ann Arbor Schools suit

[linux203]

Either this case or the Clio case needed to go to the CoA.  Until there was binding case law regarding a school, this issue would continue to arise outside of the circuit Clio is in.

I also expect that this will end up in the SCOM.  If MOC/MGO looses, we would appeal.  If schools loose, there will be more districts backing an appeal. 

[part deux]

And the law does define a library board as a local unit of government, or the judge is directly defying CADL v MOC?

Judges sole goal is re-election.  Laws don't matter, CoA won't matter.  All the voters will remember is her decision.

[TheQ]

Either this case or the Clio case needed to go to the CoA.  Until there was binding case law regarding a school, this issue would continue to arise outside of the circuit Clio is in.

I also expect that this will end up in the SCOM.  If MOC/MGO looses, we would appeal.  If schools loose, there will be more districts backing an appeal.

SCoM doesn't have to hear every case that comes to it. In fact, they usually only accept about 1% of cases that are petitioned to them.

Your first appeal is by right, appeals beyond the the one immediately above trial court has to be earned. In other words, the court has to agree to take the case.

See Writ of Certiorari

[CitizensHaveRights]

USA Today:

“We’re very grateful that the judge saw the merits in the argument,” Ann Arbor Superintendent Jeanice Swift said after the hearing.

"We are hard-wired to keep our children safe from any threat of any sort," she said. "I don't believe it is a teacher and administrator's job to determine the intent of that person who is walking into a school."

The ruling displeased those who had filed the lawsuit.

“I think the judge decided to ignore state law and do what she wanted to do anyway,” said Jim Makowski, the attorney for Michigan Gun Owners. “We will appeal.”

“There’s no reason to believe that the same Court of Appeals that ruled in the CADL (Capital Area District Library) case will rule any different this time,” Wong said.

http://www.usatoday.com/story/news/nation/2015/09/24/michigan-school-district-open-carry-guns/72725690/

[mosnar87]

Why is it that these reporters find it so difficult to understand that CADL v. MOC refers to the suit CADL brought against MOC, not a suit brought by MOC against CADL? It's almost like they never had to learn legal citation in their English classes or something.

[CitizensHaveRights]

Speaking of CADL, Kuhnke (Wong v AAPS) could be the sister of Aqualina (CADL v MOC).

Where did Aqualina get the authority to enact a permanent OC ban in the library district?
Isn't that grounds for a Judicial Tenure complaint?

[linux203]

Why is it that these reporters find it so difficult to understand that CADL v. MOC refers to the suit CADL brought against MOC, not a suit brought by MOC against CADL? It's almost like they never had to learn legal citation in their English classes or something.

Most people also gloss over the point that CADL sued MOC to obtain an injunction against the public.

[TheQ]

Speaking of CADL, Kuhnke (Wong v AAPS) could be the sister of Aqualina (CADL v MOC).

Where did Aqualina get the authority to enact a permanent OC ban in the library district?
Isn't that grounds for a Judicial Tenure complaint?

Keep in mind: local judges are elected by the local population. In Ann Arbor, that is a rather liberal population.

Pandering was at play here.


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[CitizensHaveRights]

But when that pandering rises to the level of misconduct the Judicial Tenure Commission steps in.

Deciding contrary to law isn't exactly misconduct, like when Kuhnke declared that AAPS management had the power to enact gun control.

But Aquilina IMO overstepped her powers when, instead of proclaiming that CADL could regulate guns, issued her own personal gun ban in the form of a court injunction against every single Michigan resident. That's not judicial, that's legislative.

It's the sort of baseless crap I expected to come from Laura Baird's bench when Ingham voters elected her based on the vast judicial experience she claimed to have inherited from her grandfather. It's funny, but I don't think I ever saw Judge Baird in the news. Is that because she became a halfway decent judge despite her prior record, or is it because the chief justice knows better than to assign anything important to her courtroom?

[TheQ]

But when that pandering rises to the level of misconduct the Judicial Tenure Commission steps in.

Deciding contrary to law isn't exactly misconduct, like when Kuhnke declared that AAPS management had the power to enact gun control.

But Aquilina IMO overstepped her powers when, instead of proclaiming that CADL could regulate guns, issued her own personal gun ban in the form of a court injunction against every single Michigan resident. That's not judicial, that's legislative.

It's the sort of baseless crap I expected to come from Laura Baird's bench when Ingham voters elected her based on the vast judicial experience she claimed to have inherited from her grandfather. It's funny, but I don't think I ever saw Judge Baird in the news. Is that because she became a halfway decent judge despite her prior record, or is it because the chief justice knows better than to assign anything important to her courtroom?

Cases are assigned in a rotating pool by the court clerk's office.

[LD]

"We are hard-wired to keep our children safe from any threat of any sort," she said. "I don't believe it is a teacher and administrator's job to determine the intent of that person who is walking into a school."

How does a teacher or administrator determine the "intent" of ANY person walking into a school?
Shouldn't ALL people be banned from school grounds for the safety of the students?

[Pond Scum]

"We are hard-wired to keep our children safe from any threat of any sort," she said. "I don't believe it is a teacher and administrator's job to determine the intent of that person who is walking into a school."

How does a teacher or administrator determine the "intent" of ANY person walking into a school?
Shouldn't ALL people be banned from school grounds for the safety of the students?

I believe that it IS their job to evaluate every person and try to determine if they have ill intent ..... regardless if they have a gun showing or not.  I believe that most all teachers make a judgement about strangers they see in the building.  If they look like Grandpa Walton they probably judge them to be okay .... if they look like Freddie Krugger they probably suspect something is up.

[TheQ]

How does a teacher or administrator determine the "intent" of ANY person walking into a school?
Shouldn't ALL people be banned from school grounds for the safety of the students?

Clio did just that this year.

[LD]

Clio did just that this year.

They actually banned EVERYONE? Even parents dropping off or picking up their kids?
Police officers?
Repair persons?
Delivery people?

Well.... for the safety of the children, that's the way it should be.

[TheQ]

They actually banned EVERYONE? Even parents dropping off or picking up their kids?
Police officers?
Repair persons?
Delivery people?

Well.... for the safety of the children, that's the way it should be.

Parents now have to wait outside of the building during drop off and pick up.

[bigt8261]

Understand that what Clio says in the news and actually does in reality are two COMPLETELY different things.

Clio allows a parent (guardian actually) into the office every day where he is treated pleasantly. The very first day they freaked out a bit, but everything changed on the second day. The parent has had nothing but positive reports since then. Further, the superintendent has lamented publicly on Facebook that open carry happens in his schools "every day".

[LD]

Understand that what Clio says in the news and actually does in reality are two COMPLETELY different things.

Clio allows a parent (guardian actually) into the office every day where he is treated pleasantly. The very first day they freaked out a bit, but everything changed on the second day. The parent has had nothing but positive reports since then. Further, the superintendent has lamented publicly on Facebook that open carry happens in his schools "every day".

Are you telling me that Clio schools allows people to wander the halls of the school?
How do they know which of those are good people or bad people?

Think of the children....the school should go into lock down every time anyone comes in the door or on the property.
Call the police until they find out if the person is a felon or another kind of bad guy.

[linux203]

Call the police until they find out if the person is a felon or another kind of bad guy.

Yes, they need to see everyone's papers to ensure they are not a sex offender and prohibited from the property.

Same arguments LEO's use to demand papers from Open Carriers can be used in that situation. "I need to make sure it isn't stolen," or "I need to make sure you aren't prohibited from owning a firearm."