Judicial Committee (2020-2022): Difference between revisions

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{{Disputed}}
The [[Judicial Committee]] is the final avenue of appeal, giving due process beyond the LNC for several enumerated areas of subject matter jurisdiction.
The [[Judicial Committee]] is the final avenue of appeal, giving due process beyond the LNC for several enumerated areas of subject matter jurisdiction.


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==In re: The Suspension of LNC Secretary [[Caryn Ann Harlos]]==
==In re: The Suspension of LNC Secretary [[Caryn Ann Harlos]]==


===Background===
''See'' [[In re: The Suspension of Caryn Ann Harlos - LNC Secretary-in-Exile]]
 
At the [[LNC Meeting 4-5 September 2021|September 4-5, 2021 meeting]] of the Libertarian National Committee, [[Caryn Ann Harlos]] was suspended from her position as Secretary of the national Libertarian Party by a vote of 11-2 with one abstention. Voting "Yes": [[Erin Adams]], [[Whitney Bilyeu]], [[Laura Ebke]], [[Tim Ferreira|TJ Ferreira]], [[Tim Hagan]], [[Susan Hogarth]], [[Chris Luchini]], [[John Phillips]], [[Richard Longstreth]], [[Valerie Sarwark]], and [[David Sexton]]. Voting "No": [[Rich Bowen]] and [[Dustin Nanna]]. [[Ken Moellman]] abstained. Absent: [[Erik Raudsep]] and [[Joshua Smith]] who were both confirmed "no" or "abstain" votes. A controversy arose when alternate [[David Sexton]] showed up after the departure of [[Steven Nekhaila]] who was a confirmed "no" or "abstain" vote without notifying Mr. Nekhaila that he intended to do same.  If Mr. Sexton had not appeared, the motion would have failed.  Supporters of the motion state that this was perfectly acceptable.  Caryn Ann states that it was certainly legal but characterized it as "trickery." [https://www.youtube.com/watch?v=HApE36cvexk Meeting video is located here].  Caryn Ann appealed her suspension on the following grounds:
*Failure to provide adequate due process
*Failure to provide evidence of action that rises to the level of a removable offense
*Failure to substantiate allegation that Petitioner violated the Non-Aggression Pledge
*Failure to substantiate allegations that the Petitioner violated the social media policy or the conflict of interest policy in the Policy Manual in effect at the time of the suspension
*Retaliation against a whistleblower
*Dirty hands on the part of the accusers
 
She has announced she will be running in Reno for either re-election or re-instatement. She also claims she had received more emails in support than anyone else in Party history, claiming the number is over 1,000.
 
===Hearing Date: October 17, 2021===
 
At the hearing, Judicial Committee Chair [[Mary Ruwart]] strongly urged the parties to resolve this between themselves prior to a ruling.  To that end, immediately after the hearing [[Caryn Ann Harlos]] contacted [[Whitney Bilyeu]] but did not receive a response.  Due to the short time frame, and presuming Ms. Bilyeu was tied up in other matters, Ms. Harlos approached other LNC members, notably [[Steven Nekhaila]] to work out proposed language for a compromise.
 
===Representing the Petitioner===
* [[DL Cummings]]
* [[Jonathan R. Jacobs]], PRP, CP
* [[Caryn Ann Harlos]]
 
===Representing the LNC===
* [[Whitney Bilyeu]]
* [[Chris Luchini]]
* [[John Phillips]]
* [[Richard Brown]]. RP
* [[Richard Longstreth]]
 
===Filings of Petitioner [[Caryn Ann Harlos]]===
* {{MediaNewTab|Petition-FINAL.pdf|Petition for Appeal}}
* {{MediaNewTab|APPEAL witness list.pdf|Appeal Witness List}}
* {{MediaNewTab|Notice of Filing Supplement Exhibits.pdf|Notice of Filing Supplement Exhibits}}
* {{MediaNewTab|REPLY-FINAL.pdf|Reply to Response of Selected LNC Members}}
* {{MediaNewTab|Amended Exhibit List.pdf|Amended Exhibit List}}
* {{MediaNewTab|Motion to Allow Witnesses.pdf|Motion to Allow Witnesses}}
* {{MediaNewTab|NOTICE OF OBJECTION.pdf|Notice of Objection}}
* {{MediaNewTab|Petitioners For Cause Brief-final.pdf|For Cause Brief}}
* {{MediaNewTab|Redacted Emaills.pdf|Notice of Filing Redacted Emails}}
* {{MediaNewTab|Supplemental Social Media Brief MWS Markup.pdf|Supplemental Brief on Social Media Policy}}
* {{MediaNewTab|NOTICE OF FILING CASE.pdf|Notice of Filing Case Law Regarding "For Cause"}}
* {{MediaNewTab|Memo 2 on cause by JJ.pdf|Expert Opinion on Cause filed by Jonathan M. Jacobs, PRP, CPP}}
* {{MediaNewTab|Procedural response by JJ.pdf|Expert Opinion on Procedure filed by Jonathan M. Jacobs, PRP, CPP}}
* {{MediaNewTab|DL Response to JC.pdf|Response of DL Cummins to Comments made by LNC during hearing}}


===Filings of LNC===
==In re: Petition Initiated by [[George Phillies]]==
* {{MediaNewTab|LNC response.pdf|Response to Petition for Appeal}}
* {{MediaNewTab|Memo Bylaws Art. 6(7) Construed 10-08-2021 highlighted.pdf|Memo of Oliver Hall on "For Cause"}}


===Filings of Amicus Curiae===
In 2021, [[George Phillies]] filed a member petition requesting what appeared to be a declaratory judgment from the Judicial Committee concerning the role of [[Robert's Rules of Order]] in relation to the Party Bylaws but was rejected by the Judicial Committee as having no jurisdiction as there was no adverse decision by the LNC which the petitioners sought to appeal. The initial issue appeared to surround whether or not the Vice-Chair would automatically ascend to the position of Chair if the Chair was vacated with [[George Phillies]] taking the position that they would not which many stated was contradictory to [[Robert's Rules of Order]] (a position ruled on by Vice-Chair [[Ken Moellman]] when was appealed and overturned by the LNC in agreement with [[George Phillies]].
* {{MediaNewTab|Moellman Amicus.pdf|Amicus filed by Ken Moellman on behalf of Caryn Ann Harlos}}
* {{MediaNewTab|Seebeck Amicus.pdf|Amicus filed by Mike Seebeck on behalf of Caryn Ann Harlos}}
* {{MediaNewTab|Benner Amicus Brief on the Suspension of Caryn Ann Harlos.pdf|Amicus filed by Dave Benner on behalf of Caryn Ann Harlos}}
* {{MediaNewTab|Haggopian Amicus Brief - Caryn Ann Harlos.pdf|Amicus filed by Todd Haggopian on behalf of Caryn Ann Harlos}}
* {{MediaNewTab|C.Moore Amicus Brief to JC 10-21-21.pdf|Amicus filed by Carol Moore on behalf of LNC}}
* {{MediaNewTab|Brief of Amicus Curiae involving the appeal of the Libertarian National Committee.pdf|Amicus filed by J Rob Latham filed as advisory to Judicial Committee-Neutral}}
* {{MediaNewTab|Harlos appeal amicus.pdf|Amicus filed by Blay Tarnoff on behalf of Caryn Ann Harlos}}


===Other Related Documents and Filings===
==In re: Delaware Appeals==
* {{MediaNewTab|244688178 395715585509130 1743230861385372772 n.png|Letter from Justin O'Donnell to Judicial Committee in support of Caryn Ann Harlos}}
''See'' [[Libertarian Party of Delaware Leadership Controversy 2021]] for documents and details.
* {{MediaNewTab|LPNH to Judicial Committee.pdf|Letter from the Libertarian Party of New Hampshire to Judicial Committee in Support of Caryn Ann Harlos}}
* {{MediaNewTab|MN-2021-Resolution.pdf|Resolution of the Libertarian Party of Minnesota of No Confidence in the LNC and in support of Caryn Ann Harlos}}
* {{MediaNewTab|Resolution regarding Ms. Caryn Ann Harlos - Libertarian Party of Colorado.pdf|Resolution of the Libertarian Party of Colorado in support of Caryn Ann Harlos}}
* {{MediaNewTab|Bill Shaner.pdf|Email from Bill Shaner in support of Caryn Ann Harlos}}
* {{MediaNewTab|Gmail - Re Carol Moore.pdf|Email from Avens O'Brien at the request of Caryn Ann Harlos regarding Amicus of Carol Moore}}


===Video of Hearing Mirrored by [[Justin O'Donnell]]===
The {{MediaNewTab|2022 02 13 JC Ruling McVay Hinds v LNC.pdf|final ruling}} was in favor of the Board chaired by [[Bill Hinds]] over that chaired by [[Will McVay]].


{{#ev:youtube|bbgpAxyQXA0|||||rel=0}}
==In re: Massachusetts Appeals==


===Commentary on Suspension===
''See'' [[Libertarian Association of Massachusetts Leadership Controversy 2022]]
*Caryn Ann Harlos: (NSFW - Language): [https://www.youtube.com/watch?v=-jHrE1o342k Utter Corruption on the Libertarian National Committee: Be in Reno to Take Back the Party -RECEIPTS!]
*[[Dave Smith]]: [https://www.youtube.com/watch?v=liq3uMb_bQo The Railroading of Caryn Ann Harlos]
*Former [[Libertarian Party of Kansas]] State Chair [[Ned Kelley]]: [https://www.youtube.com/watch?v=PyL201l8Tyo Our Response to CAH's Removal]
*Libertarian Dad [[DL Cummings]]: [https://www.youtube.com/watch?v=bFrtEYXWH2s The Curious Case Against the LNC Secretary]


===Related Documents===
*{{MediaNewTab|2022 05 08 JC Ruling Cordio vs LNC.pdf|Decision in first appeal}}.
* {{MediaNewTab|LNC-Notice of Suspension 2021-CAH.pdf|Notice of Suspension prepared by Caryn Ann}} that she maintains should have been prepared by LNC. In her own words she prepared it in comic sans font to reflect the "clown car circus" that was her suspension
*Decision in second appeal.


= References =
= References =

Latest revision as of 15:27, 20 June 2022

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The Judicial Committee is the final avenue of appeal, giving due process beyond the LNC for several enumerated areas of subject matter jurisdiction.

Members

Cases

In re: The Suspension of LNC Secretary Caryn Ann Harlos

See In re: The Suspension of Caryn Ann Harlos - LNC Secretary-in-Exile

In re: Petition Initiated by George Phillies

In 2021, George Phillies filed a member petition requesting what appeared to be a declaratory judgment from the Judicial Committee concerning the role of Robert's Rules of Order in relation to the Party Bylaws but was rejected by the Judicial Committee as having no jurisdiction as there was no adverse decision by the LNC which the petitioners sought to appeal. The initial issue appeared to surround whether or not the Vice-Chair would automatically ascend to the position of Chair if the Chair was vacated with George Phillies taking the position that they would not which many stated was contradictory to Robert's Rules of Order (a position ruled on by Vice-Chair Ken Moellman when was appealed and overturned by the LNC in agreement with George Phillies.

In re: Delaware Appeals

See Libertarian Party of Delaware Leadership Controversy 2021 for documents and details.

The final ruling (info) was in favor of the Board chaired by Bill Hinds over that chaired by Will McVay.

In re: Massachusetts Appeals

See Libertarian Association of Massachusetts Leadership Controversy 2022

References

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