Friday, June 25, 2010

SPECIAL ACTION - Due Process


and Request for Admissions
Discovery - Aberment
AZ Rules of Civil Procedure 8d

other cases: Include CV2010-007, CR2009-096, CR2008, CV2005-022

IN AND FOR THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN THE COUNTY OF GRAHAM

Name , ex rel People of State of Arizona
                                      Plaintiff,
v.
STATE OF ARIZONA - GRAHAM COUNTY
Presiding Superior Court Judge; R. Douglas Holt,
Superior Court Judge; D. Corey Sanders,
JP Judge; Gary Griffith,
County Attorney Kenneth Angle,
Deputy County Attorney; Leslie Capace,
Deputy County Attorney; Stuart G. Ross,
Judge Robert C. Pursley,
Judge Richard M. Jernigan,
Judge Chris C. Long,
                                       Defendants,


CV2009-300 Discovery Questions
43 Questions, name

1. Do you agree Arizona Revised Statutes Annotated Title 38 Ch. 1 Genneral Provisions Article 1 Definitions 101.Definitions for Office Board or Commission, Public Institution, Officer, or Public Officer, is the subject matter?
IF NO ANSWER IS OTHERWISE PROVIDED THE ANSWER IS YES, IF THE ANSWER IS NO, PLEASE PROVIDE THE AUTHORITY TO SUPPORT YOUR POSITION, OR APPLICABLE LAW.

2. Do you agree, there is a mandate on a public official to indorse thereon his official bond, by the officer, and the approving officer in reference to Tiltle 38-253?
Arizona Revised Statutes, 1901 Chapter 19, Section 231. 1912 adopted as the law of Arizona.
IF NO ANSWER IS OTHERWISE PROVIDED THE ANSWER IS YES, IF THE ANSWER IS NO, PLEASE PROVIDE THE AUTHORITY TO SUPPORT YOUR POSITION, OR APPLICABLE LAW.

3. Do you agree, that (Title 38-253 Approval of Bond Filing), is the time prescribed for filing the oath and the bond one day prior to taking any office? Revised Statutes of Arizona, 1901 Chapter 19 Section 227 and 228. 1912 adopted as the laws of Arizona.
IF NO ANSWER IS OTHERWISE PROVIDED THE ANSWER IS YES, IF THE ANSWER IS NO, PLEASE PROVIDE THE AUTHORITY TO SUPPORT YOUR POSITION, OR APPLICABLE LAW.

4. Do you agree bonds of deputies and employees, shall be filed with the officer appointing the deputy or employee? Revised Statutes of Arizona, 1901Chapter 15, Section 210 and 215. 1912 adopted as the laws of Arizona.
IF NO ANSWER IS OTHERWISE PROVIDED THE ANSWER IS YES, IF THE ANSWER IS NO, PLEASE PROVIDE THE AUTHORITY TO SUPPORT YOUR POSITION, OR APPLICABLE LAW.

5. Do you agree the board of supervisors under such limitations and restrictions as are prescribed by law, may: 1Supervise the official conduct of all county officers and officers of all districts of and other subdivisions of the county charged with assessing, collecting, safekeeping, managing, or disbursing the public revenues see that such officers faithfully perform their duties and direct prosecutions for delinquencies, and, when necessary, require the officers to renew their official bonds, make reports and present their books and accounts for inspection. ARS Title 11-251, Powers of the Board. See Soruce: Revised Statutes of Arizona, 1901, chapter 14, Section 200. 1912 adopted as the laws of Arizona.
IF NO ANSWER IS OTHERWISE PROVIDED THE ANSWER IS YES, IF THE ANSWER IS NO, PLEASE PROVIDE THE AUTHORITY TO SUPPORT YOUR POSITION, OR APPLICABLE LAW.

6. Do you agree, the board of supervisors has the power to fill by appointment all vaccancies occorring in county or precinct offices? See Ref. (ARS Ttile 11-251 Paragraph 16.) See source: Revised Statutes of Arizona, 1901. 973, 1000, 1012, 1027, 1044, Laws of 1912. Chapter 62, Section 1.
IF NO ANSWER IS OTHERWISE PROVIDED THE ANSWER IS YES, IF THE ANSWER IS NO, PLEASE PROVIDE THE AUTHORITY TO SUPPORT YOUR POSITION, OR APPLICABLE LAW.

7. Do you agree, that a failure to qualify or take the oath of office, or to file the official bond within the time prescibed results in an absolute loss of the right to enter on the office? See source Revised Statutes of Arizona, 1901 Chapter 19, Section 250, and 254. 1912 adopted as the laws of Arizona.
IF NO ANSWER IS OTHERWISE PROVIDED THE ANSWER IS YES, IF THE ANSWER IS NO, PLEASE PROVIDE THE AUTHORITY TO SUPPORT YOUR POSITION, OR APPLICABLE LAW.

8. Do you agree, that where statute provides that an officer who failed within a timely mannor to qualify to file his bond shall be deemed to refuse such office? See source: Revised Statutes of Arizona, 1901 Chapter 19, Section 250, and 254. 1912 adopted as the laws of Arizona.
IF NO ANSWER IS OTHERWISE PROVIDED THE ANSWER IS YES, IF THE ANSWER IS NO, PLEASE PROVIDE THE AUTHORITY TO SUPPORT YOUR POSITION, OR APPLICABLE LAW.

9. Do you agree, that it has also been held however that a defacto board or body cannot create a dejure officer?
IF NO ANSWER IS OTHERWISE PROVIDED THE ANSWER IS YES, IF THE ANSWER IS NO, PLEASE PROVIDE THE AUTHORITY TO SUPPORT YOUR POSITION, OR APPLICABLE LAW.

10. Do you agree that one who is not entitled to hold or perform the functions of more than one at one time, may not collect compensation for more than one office, for the same period, unless authorized by law.
IF NO ANSWER IS OTHERWISE PROVIDED THE ANSWER IS YES, IF THE ANSWER IS NO, PLEASE PROVIDE THE AUTHORITY TO SUPPORT YOUR POSITION, OR APPLICABLE LAW.

Questions 11. - 43. , Comming Soon!

No comments: