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Judge Nicolai Says He is On Target for a Decision on His Recusal, Case Dismissal
Posted on Thursday, February 20 @ 13:01:35 EST by jfbailey
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WPCNR MAIN STREET LAW JOURNAL. By John F. Bailey. February 20, 2003: Judge Francis Nicolai, interviewed in his chambers Thursday morning by WPCNR, reported that all attorney papers have now been "fully submitted" with Elizabeth Shollenberger's "answer" to the Attorney General's motion against her motion for Judge Nicolai's recusal filed yesterday. Asked if he decided not to recuse himself if he would rule on whether to dismiss the case he said, "Absolutely, I'll have to decide both of them."
His Honor told WPCNR he would reach a decision on whether or not he should recuse himself "by the end of next week." He further stated that if he did move to recuse himself from the quo warranto action that another judge would be assigned to rule on Thomas Abinanti's motion. The new judge would then, Nicolai said, rule on whether to dismiss propably about 10 days later.
Abinanti, Mr. Hockley's attorney filed on behalf of Glen Hockley, to dismiss the Attorney General's quo warranto action as being filed past the time allowed by the doctrine of laches to contest an election result (four months).
Nicolai added that he would rule on the motion to dismiss if he remained on the case, but said he had no date yet as to when he would call the parties back into court.
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