by jwleaks 8 Replies latest watchtower child-abuse
JW LEAKS has published the latest court documents, in PDF, relating to "Candace Conti Vs The Watchtower Bible and Tract Society of New York" as certified on November 26, 2012.
Clerk's Notice re Certification of Record on Appeal to the Court of Appeals.
JW LEAKS
So what is the next step? and how soon?
So what is the next step? and how soon?
I'm not sure if this has been answered elsewhere, but I wasn't able to find it with a quick search, so I checked the docket. So, the appellant's (WTS) brief is due on 1/7/13. Typically, litigants file the brief within a day or so of when they are due and not earlier. Once they file, the appellee (Conti) gets 30 days to file her brief. So we can assume Conti's brief will be due around 2/7/13. Then, the WTS will have 20 days to file what's called a reply brief, at which time briefing is closed. So we should expect that briefing will be closed around the end of February, after which a date will be set for oral agruments. Note that this is not foolproof, however. Sometimes extensions are granted on these deadlines.
Typically, oral arguments will be scheduled anywhere from 3-6 months after the case is fully briefed. So, assuming no extentions, we should expect that oral arguments will occur either June or September-October, 2013. (The judges usually don't hear oral arguments in July-August; they catch up on writing their opinions, and take vacations). Oral arguments generally last only 15-30 minutes, and consist only of one attorney form each side engaging in dialogue with the panel of three appeals judges. In my experience, oral argument is actually not that important, and it is very common for all three judges to have decided how they are going to vote even before oral argument. The briefs are the most important part here. The judges will not announce a decision on the day of oral argument. After oral argument, the court has 90 days to release its opinion, although unlike the parties, the judges don't usually wait until the last day - the opinion could be released anytime from a week or two after oral argument on. I hope this helps anyone interested in following the appeal process.
This is all incredibly important - I don't think the appeal is by any means a slam dunk for either side, although they will both act tough in any public statements as if it were. Also, this may be the last word on the case. As with the U.S. Supreme Court, the California Supreme Court, which would be the next step in the appeal process, has discretion to decide which cases it hears. So, although the loser from the appeals court will almost certainly file an appeal petition to the California Supreme Court, it can decline to hear the case without giving any reason whatsoever, meaning whatever the appeals panel decides is final.
As an tag-on to the comment by Chaserious, in addition to ruling on the matter, the Court of Appeals may send the case back to the lower court for re-hearing, so it's hardly a risk-free or quick process. Court watchers may find it more interesting to watch paint dry.
Once it's appealed, it gets published. I'm surprised that they are willing to do that! It's one thing to deny a few news reports, but once it's in the Pac. Reporter it's forever!
I posted this in its own thread:
The California State Court of Appeal has set January 7, 2013 as the deadline for Watchtower to submit its opening brief (Appellant's Brief). Watchtower may seek a continuance or extension of the deadline for more time to prepare as these are easily obtained, at least in the initial stages. On the other hand, the interest clock is ticking. After the Appellant's Brief is filed, Candace will have 30 days to file her Respondent's Brief unless a continuance is needed. After that, Watchtower will file a Reply Brief. The Court will set a date for oral argument and after that will usually take the matter under submission. Sometimes a final order can take months to be issued.
Hopefully, we'll be able to see the Watchtower's arguments in the next month or so.
The Court of Appeal does not have the online feature of downloading documents. For Barbara or anyone else who wants to obtain copies of documents, you can hire an attorney service to copy the documents and e-mail them to you. If you need help with this, you can PM me.
Thank you all for your follow-up info and projections.
| 01/07/13 | Receipt for Augmented Transcripts Filed |
just an update,, from the alameda court site.........
*** w06 11/15 p. 27 par. 6 Always Accept Jehovah’s Discipline ***
What is accomplished by disfellowshipping? It keeps Jehovah’s holy name clear of reproach and protects the fine reputation of his people. (1 Peter 1:14-16) Removing an unrepentant wrongdoer from the congregation upholds God’s standards and preserves the congregation’s spiritual cleanness. It may also bring the unrepentant one to his senses.
So basis the above w06 quote, if the Soc are found guilty and therefore bring enormous reproach on Jehovah's name, will the GB be disfellowshipped in order to "preserve the (worldwide) congregations spiritual cleanness"?
After all, it was their rules, and theirs alone, which lead to the reproachful mess they found themselves in.
Splash
