The 3rd District Appellate Court has denied a former supervisor’s writ of mandate to stay in office.
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Former Supervisor Ray Nutting’s writ to overturn the decision to vacate his office and hold a special election to fill it was summarily denied on July 31, according to the Court’s Website, published by Presiding Justice Vance W. Raye. The Website notes this was after a 154-page petition was filed on July 15 and a letter was received the next day explaining the urgency of staying the trial court’s decision to vacate Nutting’s position due to an upcoming special election in September.
Nutting’s position was vacated on June 6 by order of visiting Judge Timothy S. Buckley following a trial that found Nutting guilty of six misdemeanors related to accepting loans for bail bonds from county employees and a contractor while being a supervisor.
“Let’s finally put aside this charade of an alleged political prosecution,” Vern Pierson wrote in a statement to the Mountain Democrat. “The case against Ray Nutting was led by the California Attorney General’s Office in this joint prosecution. Every time a good old boy is accused of misconduct it is claimed to be either a ‘cover-up’ or a politically motivated ‘witch-hunt.’ While sitting in his County Supervisor’s Office, Nutting illegally obtained $58,000 in cash from county employees and another $15,000 from a county contractor. His wife walked into the county jail with this illegal cash loan — 550 $100 bills. Now, the Court of Appeal has confirmed Nutting’s removal from office for official misconduct, and has once again proven that no one is above the law — even the politically powerful.”
Nutting’s attorney, David Weiner, said they would be “taking it to the next level” of the state Supreme Court. “We’ll take it to a final conclusion,” he said. However, he doubted the court would have time to consider a stay of the original county ruling before the special election, they would still ask for the stay.
“In the meantime,” he said, “we expect Jennifer Nutting to win the election.” Jennifer, Ray’s wife, is running for her husband’s vacant seat. If, after that, there is a favorable resolution in court, “There will be a lot of interesting conversations between Mr. and Mrs.” Weiner concluded, “The world keeps moving.”