Attorney Mark Hatfield Files His Proposed Findings and a Citation for Contempt in Georgia Obama Ballot Access Challenge
CITATION FOR CONTEMPT
Now come Plaintiffs Carl Swensson and Kevin Richard Powell, by and through undersigned counsel, and move the Court, pursuant to O.C.G.A. § 50-13-13(b) and OSAH Rule 616-1-2-.22 (5), to certify to the Superior Court of Fulton County certain facts, relative to the contemptuous behavior of the Defendant before this Court, for a determination of appropriate action, including a finding of contempt, In support of this Citation For Contempt, Plaintiffs show to the Court the following facts-:
1. On or about January 19, 2012, undersigned counsel for Plaintiffs served upon defense counsel a “Notice to Produce,” requiring Defendant Barack Obama to appear at the January 26, 2012 trial of this matter and to bring with him into Court certain documents and other items to be used as evidence by the Plaintiffs at trial,
2. Defense counsel made no response to Plaintiffs’ Notice to Produce-. Defense counsel filed no motion for protective order, motion to quash the Notice to Produce, or any other pleading objecting to the Notice to Produce,
3. Despite being timely served with the aforesaid Notice to Produce, Defendant Obama failed to appear for the trial of these matters on January 26, 2012. Likewise, Defendant’s attorney also failed to appear for trial- None of the documents or other evidence sought by Plaintiffs was produced as required by Plaintiffs’ Notice to Produce.
4. The failure of Defendant Obama (and defense counsel) to appear for trial on January 26, 2012 was knowing, intentional, and deliberate, as demonstrated by Plaintiffs’ Exhibit 12, a January 25, 2012 letter written by defense counsel to Georgia Secretary of State Brian Kemp.
5. Defendant Obama’s behavior in failing to comply with Plaintiffs’ Notice to. Produce, by appearing for trial with the requested documentary and other evidence demonstrates Defendant’s contempt for this Court and for the judiciary generally- OSAB _Rule 616-1-2-,22 (5) provides, in pertinent part, that the Administrative Law Judge, upon application of a party, shall certify the facts to the superior court the county in which a party, agent, or employee of a party: disobeys or resists any lawful order or process; neglects to produce, after having been ordered to do so, any pertinent book, paper, or document; or refuses to appear after having been subpoenaed, for a determination of the appropriate action, including a finding of contempt.
7. Plaintiffs hereby request that this Court certify the foregoing facts to the Superior Court of Fulton County for a determination of the appropriate action to be taken with regard to Defendant’s contemptuous conduct.