Thursday, August 19, 2010

Fitch, Tausch Want Day in Court

By John Severance

Lost in the latest SEC controversy is the lawsuit between the coop against its members, Charlene West, the Mountain Mail et. al.
Attorneys Polly Ann Tausch and Thomas G. Fitch filed a motion to strike any more disqualifications of judges on Aug. 16. Attorney Lee Deschamps, for his clients West, Charlie Wagner and Clark Hust of Magdalena, recused three judges in the past month.
In their motion, Tausch and Fitch claim that Deschamps is “judge shopping.” And as the case drags on, their costs have increased.
Now, Judge John F. Davis is assigned to the case.
The Mountain Mail, meanwhile, will be filing this week. Read about it in the next issue.

No Replacement

At last month’s Trustee meeting, president Paul Bustamante brought up the possibility of filling the seat of Manny Marquez, who resigned for personal reasons.
Francish wrote a letter to the Trustees, saying they could not fill the vacancy. Francish wrote “Since there is no incumbent, the Board or members in that District can not replace the director and make the replacement an incumbent. Therefore effective 4-17-10, any director whose term expires or who resigns cannot be replaced until there are less than five board members.”

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