Reply to Ratboy88:
Please note that my responses are in Caps for ease of reading rather than for exclaimation:
while spitzer was an AG... trust me he did more than any Judge.
APPLES AND ORANGES. THAT HAS NOTHING TO DO WITH THIS CASE. NOT ANALOGOUS IN THE LEAST. FURTHER YOU GIVE NO EXAMPLE OF WHAT SPITZER DID VS WHAT A JUDGE COULD. LEAVE THIS ALONE AS IT IS IRRELEVENT AND A RED HERRING.
you answered your own question.. if a judge has a lifetime position.. they have no incentive to work for the public good.
JUST BC A FED JUDGE DOES HAVE A LIFETIME APT DOES NOT MEAN THEY DON'T HAVE INCENTIVE. THEY HAVE A REPUTATION AND THEY CAN BE REMOVED FOR CAUSE.
an AG does... and the way to motivate them is to let them know how aggressive you can be.. both positive and negative.
AN AG ONLY HAS INCENTIVE IF HE THINKS YOUR VOTE MATTERS OR THE ISSUE IS IMPORTANT TO CALI. YOU DON'T HAVE A VOTE IF YOU LIVE IN CANADA, TEXAS, ETC. AN AG, A POLITICAL ANIMAL, GOES WHERE THE VOTES ARE. TUCOS 250 TOTAL TRADERS DON'T FIT THAT BILL.
so what if lescor is in canada... i am sure a group of tuco traders is in cali... if they get together and pursue this.. they have a shot.
IF LESCOR IS IN CANADA, HE CANNOT VOTE FOR THE AG. EVERY TRADER THAT IS NOT IN CALI AND CANT VOTE MEANS THE ISSUE IS LESS IMPORTANT TO THE AG. THERE WELL MAY BE A GROUP IN CALIF, THEY SHOULD CALL THE JUDGE, THEN THE AG. CALLING THE AG DEF WILL NOT HURT.
"They have a shot"
FOR WHAT? SPEEDING UP THE PROCESS? THAT IS THE ONLY SHOT THERE IS AT THIS POINT. HOW LONG DO YOU THINK THAT IT WILL TAKE TO GET AN AG TO GET MOVING AND INTERVENE? TO REALLY SPEED IT UP THE AG REALLY , HAS TO MAKE IT A PRIORITY. THAT IS ASSUMING HE CAN MAKE IT GO FASTER, WHICH I DOUBT. DO YOU THINK THE AG MAY HAVE MORE IMPORTANT THINGS TO WORRY ABOUT IN CALI?
FURTHER, IF AN AG INTERVENES IN A CASE, HE BECOMES A PARTY TO THE CASE AND THEN IS SUBJECT TO THE SAME RULES THAT EVERY OTHER PARTY IS SUBJECT TO. WHO MAKES THE RULES: THE JUDGE (IF NOT A REGULAR RULE OF PROCEDURE.)
Finally, in the best possible situation, the AG would get 100'S of calls frm disgrunteled traders who had previosuly called the Judge.
However, please note, the judge is the ULTIMATE gatekeeper here. HE or SHE decides when this thing has to be resolved.
Again, just my idea (based on 12 years of law practice.) Please pardon my nonlawyerly gram. and spelling errors.