Cordova Case Appealed: No Attorney Fees (Yet!)

By: Bill Whaley
24 July, 2010

Northrup Back for More

On Friday afternoon, July 23, Fat Cats from Crab Hall, who hope to punish the Cantankerous Arsenio Cordova by breaking him financially, joined together at District Court in Taos for Judge Abigail Aragon’s seminar on vague statutes. The Cats, some of whom have recently visited the Hair Doctor, chewed gum, listened to their Attorneys—Armstrong, Herrera, and Sanders—and smirked. Cordova sat quietly if nervously with Attorney Alan Maestas. At issue, according to Maestas was whether the court would consent to approve an already filed and docketed “interlocutory appeal” in the case.

The Judge questioned and the attorneys discussed whether the court had jurisdiction in the now—appealed case. Apparently Aragon had decided the original motion in favor of the Fat Cats et al. The Fat Cats et al had petitioned the community to recall Cordova from the school board on various grounds. Now, in their counter-motion, they suggested the Tortilla Monster had quashed their right to speak and petition by filing a lawsuit against them and fellow board member, one Thomas “Chuby” Tafoya.

Cordova had claimed in his own counter-suit that administrators and one Jill Cline, among others, had filed sham charges, recorded documents with inaccurate dates, and presented a mish-mash of claims in muddled fashion. When Cordova challenged the recall petition in court, petitioners withdrew the petition. Having bailed out, the petitioners were made vulnerable to a Cordova lawsuit.

Who’s on First?

But, after Cordova filed a lawsuit against those who made alleged false claims in the recall petition, the Fat Cat attorneys counter-sued and filed a motion for damages, claiming violation of free speech rights, etc. in Judge Aragon’s court.(We’re not sure what happened to Mr. Tortilla’s free speech rights re: tortillas.) Aragon indicated that she sided with the Fat Cats and ordered Attorneys to present reasonable fees for reimbursement at Cordova’s expense.

So Maestas, on behalf of Cordova, filed an Appeal.

Attorneys for the Cats asked the Judge to issue a final order on Friday, forcing Cordova to put up a bond—estimated at 50gs or more for fees—to stay enforcement of the judgment until filing the appeal. But the Judge deferred, saying she would issue an order indicating that all should wait for guidance from the Court of Appeals. Attorney Maestas apparently agreed with the Judge, arguing that the statute under consideration was vague, ambiguous, and not supported by appropriate case law. Aragon also said that the attorneys involved had variously interpreted her prior decision, implying that further clarification would be helpful.

According to Maestas, the courts could confirm or reverse Aragon, and/or send the case back for further pleadings. The decision by the Court of Appeals will probably be appealed to the Supreme Court. The Cantankerous Cordova will be out of office before the judges and attorneys sing a Eulogy in this case. But whose side will win the battle for attorney’s fees? “Quien sabe,” says Flavio.

The machinations of administrators and the school board–charges and counter-charges–have turned up a number of lawsuits, alleging violations of civil rights, political correctness, and unfair remarks or practices. In addition to the attorneys mentioned above, the law firms of Henderson, Cuddy & McCarthy, special secret counsels, and now, the Rodey Law Firm et al are involved in the defense on this and collateral cases. Flavio  says,  “`It’s `Alice in Wonderland.’ The cases belong in the round file.”

Flavio also mentioned that a certain former politico and candidate for office, one Susan Vernon, alleged Yalie, became a lightning rod for controversy at a recent board meeting. Now, it’s science, not cookies, that is at issue. Flavio says Ranchos Elementary School Principal Robbie Trujillo, the golfer, recommended Vernon for a job, teaching science, since she had authored a successful grant for the project. When asked by board members if Vernon had any qualifications for the job, Trujillo, apparently, responded with a series of elementary expressions: “I don’t know.” Apparently, he suggested that the board do its own investigation of her credentials.

Then, Flavio says, “Dr. Weston got flustered, stood up, and came to the beleaguered principal’s defense, saying he wouldn’t have his administrators harassed by the board. (For asking questions?) Board member Enrico Velasquez, Lt. Colonel, USMC (Retired), apparently said, “Dr. Weston, Take your seat.”

“At Ease” my friends, there’s a new commander on the board.

In light of the Vernon application, we can only speculate on whether County Czar, Niklos Jaramillo made a call to board members. Political realities, like still water, run deep in Taos. We suggest Vernon and Weston read Suzanne Forrests’ fine socio-politico analysis of El Norte in “The Preservation of the Village” before exposing themselves to more public humiliation. T’was always thus.

Jumpin Jeff in the News

Below we publish Jeff Northrup’s plea for non-violent discussion of the issues. We hope Mother Robin and Auntie Joan respond. Or perhaps Fritz and Vishu of M.E.N. will comment. If the local cops don’t get Jeff first, then “The Taos News” is prepared to send in their back-room enforcers—according to Northrup’s letter.

(What happened to the investigation of alleged violations of the town’s fireworks’ ban on Merced St? We’re only asking.)

The Mayor should make peace with Northrup and consider the historic parallel with Professor Wells’ remarks during the Duran administration. Wells frequently appeared before the council, advised them on reading lists and quizzed the reluctant council. He posted stickers around town, taking Demos to task, publishing the mantra: “Taos needs a new Mayor.” Mayor Duran learned to ignore the professor, who, finally, vanished. If Mayor Cordova were to take the high road, he might avoid more conflict with the man who has become “A Living Treasure.”

Here’s the latest pleading, forwarded to the editor of “The Taos News.”

“Joan:

“I just had an encounter at The Bean coffee shop with Dave Atkins, your circulation manager. He made several loud outbursts in the store, and then lingered outside for ten minutes until I left, at which time he threatened me with violence several times, waving, screaming, out of control ranting…even, eventually, from hundreds of feet away, across the parking lot. These scenes this morning were witnessed by at least a dozen people.

“As you know, your publisher Chris Baker has had similar encounters with me (and I hear against many others). Chris’s crazed outbursts are legendary, and frightening. Of course, I had a much milder encounter with Rick Romancito, Tempo’s editor, a few months ago, where he merely hurled one invective against me.

“I often speak out against violence in our community. I belong the Men Engaged in Nonviolence. Your paper recently covered a brief presentation (briefer than I expected as the mayor’s angry outbursts necessitated my shortening the presentation) I made to the town council on the cancer of men’s’ anger and violence in our community.

“I fully understand your paper is on a mission to destroy me. However, I think your employees may be destroying themselves at the same time. I would suggest to you that you speak to your boss, Robin Martin, about the inappropriate behavior of three of your key employees. There are programs to help these people, and I suggest that two women’s’ intervention is demanded now.”

Jeff

(Editor’s Note: The opinions and claims expressed above are Jeff’s, not Taos Friction’s.)