Jay Hupp Affidavits Judge Amber Finlay

Port of  Shelton Commissioner Jay Hupp affidavits Judge Amber Finlay

RE:  Certain Mason County Citizens vs. Jay Hupp;  Recall Petition Case #:10-2-01061-4

“Law shall not stop with the punishment of petty crimes by little people. It must also reach men who possess themselves of great power.” -Nuremberg US prosecutor Robert Jackson-

Judge Pomeroy

[Apparently, the newly assigned presiding judge will be Pomeroy from Thurston County @ 2:00pm this Friday, to be held at the Mason County courthouse in the main courtroom, 2nd floor.]

Affidavited by Jay Hupp

Despite submitting a recent letter to The Journal editor claiming confidence and anticipated vindication regarding the recall process/litigation underway in Mason County Superior Court, Mr. Jay Hupp quailed under fire by filing an ‘Affidavit of Prejudice’, a legal document allowing each party ONE, and only one, challenge to an assigned judge without cause prior to any discretionary ruling being made in the case.  It only requires a declaration alleging the affiant believes he/she cannot receive a fair trial/hearing before said judge.  Doing so, in law, bars the judge from presiding over or hearing the matter.

Thus, neither Judge Toni Sheldon (also affidavited) or Judge Amber Finlay will be able to hear the matter of Jay Hupp’s recall.  (Contrary to misinformation on other local community blogs following these events, neither judge ‘recused’ herself or was ‘recused’–a discretionary act; both were affidavited–a mandatory maneuver calculated by litigants to provide no discretion to the judge so removed from presiding.)

A judge will be assigned from one of the surrounding jurisdictions.  As a matter of law, the litigants are entitled (if they choose, but prior to any discretionary rulings) to an ELECTED superior court judge, not merely a pro tem judge.   There *is* a difference.   Thus, those seeking Mr. Hupp’s removal from office have used their procedural ‘wildcard’…i.e. an affidavit of prejudice, as has Mr. Hupp.

Mr. Monty Cobb is representing the people in this case.  Mr. David Mann (an Olympia attorney?) is representing the petitioners, and Mr. Jeffrey Myers is representing Jay Hupp.

Stay tuned for the next round and further announcements regarding when the next hearing will be calendared for Mr. Hupp’s recall/removal from office for malfeasance & misfeasance.