The first part of this two-part series dealt with a declaratory judgment action by the administrative director of the courts � an agent of the Supreme Court � challenging the validity of a probation statute to which the Court objects. [Read part one.]
The action not only involves the Court’s own dispute, which, ultimately, it will be asked to decide. It also involves its own lobbying efforts to defeat passage of the statute, constituting a public announcement of its position before its complaint was filed. These conflicts of interest disqualify the Court as a participant in the proceedings.
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