Kerim Aydin wrote: >However, there is nothing to indicate that a "dismiss" by CotC due >to excess is in fact "judgement."
The Stare Decisis list does not distinguish between CotC dismissal and dismissal by a trial judge. I'm not aware of any formal precedent one way or the other, though. My intent with the motions was to force assignment of judges regardless of what state the CFJs were in. I'm not at all clear on whether they've been legally judged. The dismissals are themselves of questionable legality. CFJ 1617 will determine whether these CFJs were excess or not. If they are not excess then arguably the CotC lacked the capacity to dismiss them. -zefram
