A copy of the motion to vacate is in this twitter. The motion addresses exactly what I was asking above. Now, who does this motion go to? Because seemingly JG can't move on any action. Can she rule on this motion if she denies the DQ motion first? I agree with BM here, I think she is going to have to either recuse or deny immediately. It's the only way for things to move forward.
Rozzi sought a continuance as to Feb 12th hearing ...
Baldwin here seeks to
vacate the Feb 12th hearing. Subtle difference?
Trying to follow along here ... and see what's interesting here ...
a) Rozzi objected to the P's Contempt motion, asked for continuance due to Rozzi's personal calendar conflicts ... Rozzi also raised the point (paraphrasing): hello your honor, the D's DQ motion was filed first and the resolution of this DQ motion business must precede all other court business.
b) Baldwin (in this motion to vacate hearing) doesn't provide any response to the P's Contempt motion.
Baldwin here focuses on the DQ motion (paraphrasing): hello your honor, there's a DQ the Judge motion on the docket here, it was filed
before the Feb 12 hearing for other business was set. The DQ the Judge Motion hearing must precede all other court business, in fact as long as that DQ motion is hanging out there unaddressed, the Court
has no jurisdiction in this case other than to deal with the DQ motion (or an "emergency).
c) And it seems we're left to wonder if/when Baldwin
(and not just Rozzi) is going to respond/object to the P's allegations in that Contempt motion ...
d) I agree that - if the Judge is so inclined - she can bat away the DQ in a "minute decision" on the docket not to hear the DQ motion.
Strategy?
I'm wondering - what is the D's strategy here? (Rozzi didn't ask to vacate, but today Baldwin does?) Today's motion is a direct request for Gull to
take action on the DQ motion as a matter of priority.
Among other things hanging in the balance ... like the business of RA's trial ... the Defense can't make an appellate move to DQ Gull until Gull herself has made a formal decision on the DQ motion. Is this the D's effort to force some written decision (or hearing) for the DQ out of Gull.
Or (totally speculative) at the very least, is the D is (again) making an appellate record that the D's done everything it can do to get a fair trial for RA?
I have to wonder if there's a way the D can return to SCOIN on this issue they've just had before the SCOIN. SCOIN
still hasn't written opinion on the reasoning/law behind the SCOIN decision not remove Gull.
JMHO