Sic Semper Schroeder
Is Mike Schroeder a bad lawyer? Or just a bad liar?
R. Scott Moxley recently announced Schroeder’s hackneyed effort to kneecap Huntington Beach Mayor Debbie Cook’s election challenge to Congressman Dana Rohrabacher (R-Islamabad). It seems Schroeder took issue with Cook’s reference to herself on the ballot as “Mayor” because she was appointed by representatives. At the time, we had no idea just how hackneyed the effort was. In the marvelous words of the court document, prepared by Judges Rylaardsdam and Ikola:
The theory is that section 13107, subdivision (a)(1) of the Elections Code only allows reference to an “elective city ... office which the candidate holds at the time of filing the nomination documents.” (While we do not decide the issue now, we do observe that under this reading of the statute, the President of the United States, having been elected by the Electoral College or House of Representatives, would not qualify.) The theory was apparently to try to establish that the duties of a mayor in a major city in Orange County are ceremonial at best, so that Cook could not claim that being “mayor” was a principal profession, vocation or occupation under section 13107, subdivision (a)(3). That is a highly counterintuitive proposition at best, given that mayors of cities of the population of Huntington Beach typically are on call 24 hours a day, seven days a week to respond to major municipal emergencies, have independent powers of appointment, receive extra compensation, serve on regional commissions and are under a duty, often spared ordinary council members, of attendance at ceremonial functions.
Highly counterintuitive at best? Howsabout at worst? Why would such a skilled strategist as Schroeder, allegedly a Machiavellian mastermind pulling the strings behind the Orange Curtain of the OC Republican power structure, make such a boneheaded claim? Not only that, but why would he fail to PROPERLY make such a boneheaded claim? It turns out Secretary of State Debra Bowen is required to make such a call in Congressional primaries, and thus she is what’s known as an indispensible party and must be named in any such complaint.
She wasn’t. Should Schroeder have picked up on that fact? The court seems to think so.














Before anyone asks what this has to do with Orange County, I'll tell you:
If you read my entry a few posts down, you know it isn't going to be SUPERHERO MOVIE (mark my words, eventually someone will put out a film entitled PARODY MOVIE, and it will still suck, but in a really postmodern kind of way).









