Judge says Acting Mayor Quinn-Davidson can, in fact, ‘have her cake and eat it too’

35
543

Judge Jennifer Henderson denied Dustin Darden his request to be placed on the Anchorage Municipality ballot for the District 3E seat, which has been vacant since Oct. 23, when Austin Quinn-Davidson became acting mayor.

Darden, an activist and frequent candidate, filed for the seat in January, and his paperwork was all in order and filed by the Municipality’s deadline. But the Anchorage Municipal Clerk said the position is not open, and she denied his request.

On Wednesday, Henderson heard his administrative appeal and his request for a preliminary injunction, but ruled that the municipality would suffer irreparable harm.

Darden, and his colleague Nial Williams, pointed out to the judge that the municipality was a full day late, missing a filing deadline set by the judge for the municipality’s response last Thursday. Unspoken was the insinuation that if Darden had been late with his filing, the Muni would have asked for the case to be tossed. The judge said it was not important that the Muni lawyers had missed their deadline.

Williams was the subject of the Muni’s counter complaint: The lawyers said that he had no standing in the case, which is an administrative appeal and they claimed he was acting illegally as Darden’s attorney.

Not so, said Williams. He is an aggrieved voter in the district. But Henderson agreed with the Muni, and removed him from the case.

Darden asked that the case move forward, even without the relief he had sought, which was to be placed on the ballot that is being mailed out on Monday to Anchorage voters.

This means he will be back in court on March 31 to argue that the Muni has allowed Quinn-Davidson to hold two seats simultaneously.

Henderson, in her rambling 15-minute ruling, thought it was unfair that Darden would be the only one on the ballot, and that others would not have the chance to file for office if she declared the seat open. She did not give the two appellants much hope for success in their case.

Williams had argued, on behalf of Darden, that anyone could have read the municipal charter and could see for themselves the seat was open, and they also have the additional remedy of running a write-in campaign, as Sen. Lisa Murkowski successfully did.

Williams explained how the two had been denied by the Municipality at every juncture: They filed on time. They were denied. They asked the Anchorage Clerk for a hearing on their filing. They were denied. At the next available date, they filed their case before Anchorage court.

“We are entitled to an Assembly of 11. Since October 23, there have been only 10 members. This is unequal representation,” Williams argued. “The fact remains that Ms. Quinn-Davidson is holding two seats — in a mayoral capacity and a legislative capacity.”

Anchorage Agenda shows Acting Mayor, Acting Chair, and Acting Vice-Chair are the leadership team for the Municipality since Oct. 23.

Henderson was unmoved, although she did allow that there seems to be no sideboards on how long a person could hold onto her Assembly seat, while also serving as mayor. She did not rule that the seat was, in fact, vacant.

Rather, Henderson appeared to have made her decision by the time the proceedings began on Wednesday, agreeing with the Municipal attorneys on every point, including that the Municipality “faces enormous irreparable harm,” if Darden were allowed to run for what the Muni has determined is not an open seat.

Darden also pointed out to the court that records presented by the Municipality’s attorneys were signed and notarized for March, 2020, over one year ago, clearly another error by the Municipality. The judge ignored the clerical error, as she had also ignored the missed filing deadline by the Municipal attorneys.

“Our argument is that Quinn-Davidson is usurping power,” Williams said. “So Ms. Quinn-Davidson can’t have her cake and eat it too.”

Evidently, according to Judge Henderson, Quinn-Davidson can do just that.

35 COMMENTS

  1. What the, rules laws do not apply to Anchorage.
    Get out now while you can.
    Before the city is on Fire

  2. I think it’s totally fitting Anchortown has a crazy cat lady as its mayor now. This is the culmination of many years of apathy, and corruption. Is there a will left to put a commonsense grownup in where these delusional fascists now reside? Who knows…we will see.

  3. Judge Henderson was clearly not going to let any of the facts or the laws get in her way of awarding wrong doing on the part of the current administration and the assembly…

  4. Sponge cake! It sucks up all the liberal fat that it can hold and waits to be devoured by some kook judge who can’t tell the difference between a cake and a pile of fresh road apples.

    • I’ve met uneducated, pro se plaintiffs who could make a more articulable ruling than Judge Henderson. Clearly, this dimwit on the bench is controlled by the cabal that runs the Municipality of Anchorage. She is a disgrace to the legal community and her net legal intelligence equals a sum that runs a scintilla below that of a rodeo clown.

    • This acting want to be mayor of yours reminds me of that little chick in Scooby-Doo. The one that wore the glasses and was the smart one. Her abusive power is one reason why she needs to be taken down and hard. Otherwise, Anchorage is in for the fascism that is infected Portland.

    • Blatant in your face Open Corruption everywhere anymore. The ones that are to right this, or keep this from happening are just as corrupt.

  5. Who do you go to if the municipality doesn’t follow its own laws and rules? The state? The feds? If they’re not following the process, what process do the people follow?

  6. Unbelievable!! About the only thing to top this politically is a senator from Alaska voting with the leftists in power ON EVERY SIGNIFICANT ISSUE !! Including an anti 2A attorney general!!

  7. activist, leftist, judges are nullifying laws nationally.and turning the constitution into confetti……..

  8. Wild Wild West.
    Just Pull your children, grandchildren, niece, nephew out of public school. Make paying for the family children’s private school or homeschool a Family Affair where everyone is involved. The child is worth it and they fall under the parents and family responsibility anyway. This state will never change direction until the children here grow up learning to follow rules and respecting a rule they don’t like. This adult generation will just have to wander and past away. It doesnt mean families can’t retrain and teach their children knowing right from wrong and being encouraged to choose right. But they will never learn right from your public school. Cameron Perez-Verdia school responce was wrong last Tuesday meeting about schools, he don’t know, his high position doesnt allow him to know when peoples put on a good face around him.
    Alaska’s wild wild west will continue as long as this generation of adults are here. They have to pass away before there is any new direction. In the meantime Dustin Darden and Neils Williams done well trying to live right while confronting and reminding others around them the evil their practicing. Thats all we can do , without tolerating them, living our standards and passing that instruction on to the children we as parent or relation are charged to teach righteous living to the little ones.

  9. Swamp rates at all levels in Anchorage, heartbreaking these carpet bags have slithered in to mess up our state! VOTE

  10. “Henderson, in her rambling 15-minute ruling, thought it was unfair that Darden would be the only one on the ballot, and that others would not have the chance to file for office if she declared the seat open”
    .
    What is fair is obeying the law.

  11. The rule of law has been suspended in Anchorage unless you are a taxpayer. That is the only people that have to behave in a lawful manner. The muni government EMPLOYEES have usurped the power of the citizenry with the help of the judiciary. The Muni government employees guilty of graft, misappropriation of funds and money laundering, all jailable offences for the average taxpayer.

  12. I would think the governor would have ultimate authority but I don’t know that for fact. Keep pushing, they made a mistake somewhere.

  13. If there’s a more corrupt state than Alaska, Id like to know where it is.

    This is banana republic BS

  14. It is becoming clearer everyday that the biggest threat to our State, and indeed the country, are incompetent & corrupt judges. As that great Congressional orator, Maxine Waters so famously said, “when you see these people at the gas station, at the grocery store, at a restaurant, you need to get in their faces and tell them they are not welcome here”!

  15. Why are we spending money paying legislators, a governor, a lieutenant governor when actual government consists exclusively of ‘judges’ run amok?

Comments are closed.