Ninth Circuit denies Imperial County motion to be Proposition 8 defender


SAN FRANCISCO — On the same day that the Ninth Circuit Court of Appeals made its big ruling affirming the unconstitutionality of California‘s Proposition 8, the panel rejected an attempt by Imperial County to intervene in the case.

The order, filed by Judges Stephen R. Reinhard, Michael Daly Hawkins and N. Randy Smith, reads:

“As we explain in our concurrently-filed opinion in Perry v. Brown, Nos. 10- 16696 and 11-16577, we deny as untimely the motion of Chuck Storey, County Clerk of Imperial County, to intervene as a Defendant-Appellant. We also consider the motion as a motion to intervene in the companion appeal, No. 10-16696, and deny it as well for the same reason.”

Imperial County, the little-populated area east of San Diego, filed a motion to intervene in the appeal of district Judge Vaughn Walker’s ruling that Prop. 8 is unconstitutional.

In December, the three-judge panel at the Ninth Circuit shredded arguments by Robert Tyler, a lawyer representing Imperial County, who contended that the county should be allowed to intervene in the appeal and defend the ban on gay marriage.

The panel noted that Tyler’s client was a deputy clerk recorder in Imperial County and did not legally represent the county, much less the actual Clerk Recorder. The judges had Tyler so flustered with their questioning that the attorney often provided conflicting arguments.

This time, Chuck Storey, the newly elected Clerk Recorder in Imperial County, is seeking to intervene in the appeal of Perry v. Brown.

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