APPEAL FILED IN GEORGIA
by Sharon Rondeau
(Feb. 19, 2012) — Atty. Orly Taitz had filed a ballot objection to Obama in the state of Mississippi, and on Friday, February 17, Taitz learned that a “Special Judge” had been appointed to hear the case.
Taitz said that the complaint had originally been filed against the Mississippi Democrat Party on three different occasions. Having failed to receive a response, she filed the complaint with the Circuit Court and has now reported that it was forwarded to the Supreme Court of Mississippi. The presiding Chief Justice has now “found it appropriate to appoint a senior judge to handle my complaint, and everybody was notified. The complaint is against the Democrat Party of Mississippi and the Secretary of State of Mississippi seeking declaratory and injunctive relief to keep Obama off the ballot. This has moved fast and very high; it can’t get any higher than that,” Taitz said. The Hon. R. Kenneth Coleman, a retired Circuit Court judge, will be presiding.
Coleman had been appointed to hear cases arising out of Hurricane Katrina, which occurred in 2005, and he presided at an appeals court hearing in a criminal case. His career involved cases in various counties, including deciding the constitutionality of part of the Mississippi code.
As of February 21, Taitz said that the location of the hearing in Mississippi is still not known.
In Indiana, Taitz stated that she “was able to overcome all the obstacles,” and both she and a registered voter filed ballot challenges before the deadline. The voter requested a presentation, and Taitz reports that there is a hearing tentatively scheduled for this Friday, February 24, at 9:00 a.m. which may extend to February 27. The Notice of Hearing sent to Obama is here and states, in part:
A party who fails to attend or participate in the hearing may be held in default or have the proceeding dismissed under IC 4-21.5-3-24.
On February 21, Taitz told The Post & Email that challenges have been filed against presidential candidate Rick Santorum which will also be heard on Friday.
In the Indiana complaint, Taitz refers to the ballot challenge hearing held in Atlanta, GA on January 26, 2012, after which Judge Michael Malihi ruled that Obama’s name will appear on the ballot despite his failure to appear or to send counsel to the hearing. She also states that Obama is using a social security number from the state of Connecticut and mentions the testimony of the witnesses who appeared that day.
In Georgia, Taitz filed an appeal to Judge Malihi’s decision in Fulton County Superior Court which was received on February 13. Chief Judge Cynthia Wright will be presiding. “She said that I cannot represent Mr. Farrar without the signature of a local attorney, and my case is so explosive that I could not find a local attorney. But since I already filed the complaint, there isn’t anything for Mr. Farrar to do. This is an appeal, and on appeal, you cannot bring any new evidence. I paid the filing fee and an additional $230 for their professional service company to issue the summons, copy the complaint, and serve the defendant. Everything is done. At this point, the only thing left to do is for the defendant to file their answer. If the judge denies it, we will go to the next level, which will be the Supreme Court of Georgia. From there, it will go to the U.S. Supreme Court.”
The Post & Email asked Taitz if an eligibility challenge could be filed in federal court, and she responded, “I have time to file in federal court, and I can file it right here in California, electronically, with no problem. For now, I”m trying to exhaust all of the possibilities in state court. I definitely have an option of going to federal court, and I will probably do that.”
Regarding the Georgia appeal, Taitz reported on February 21 that a professional process server was able to serve Obama with the appeal filed in Superior Court. “His attorney, Michael Jablonski, doesn’t have an office. He works at home, and every time the process server would go to to his residence, nobody was there. There is no secretary; there is no paralegal, so they couldn’t serve anybody. Finally today, in the morning, they served him with the summons and papers, and the wife opened the door and they served him and have proof of service. For just the proof of service, they charged me $230,” Taitz said. Additional fees for pro hac vice, copying, shipping and bonding have been incurred. Taitz stated that each Fedex mailing costs about $100.