The City Council of Homer is preparing to legally defend its decision to seat a council member about whom questions were raised concerning her legitimacy as a candidate.
But the first order of business for Homer? Get a different judge.
Superior Court Judge Andrew Guidi had been assigned to the election-related case, the first hearing of which was scheduled for Dec. 3 in Anchorage. But in a motion filed last week, the defendants — Homer City Council — asked for some other judge. That was assigned today: Judge Josie Garton.
Guidi is a judge who constitutionalists prefer, as he is less of an activist than some others on the Anchorage Superior Court. Garton has served on the court for 18 months, having been appointed by Gov. Bill Walker.
The lawsuit was filed by a former council member, Tom Stroozas, who discovered that Storm Hansen-Cavasos had not been living inside the municipal boundaries for the 12 months prior to the election, therefore the council swearing her in was a violation of the city code.
Homer’s attorneys, Michael Gatti and Mary Pinkel, have also asked that the court extend the time they have to file a response to Stroozas’ request for a temporary restraining order and/or preliminary injunction.
Update: The court has since changed the date of the hearing to Dec. 5.