Cabrera's Attorneys speak with AZ Supreme Court: Case update

Cabrera's Attorneys speak with AZ Supreme Court: Case update


San Luis, AZ- Attorney's of the San Luis woman barred by a Judge from running for city council had a phone conference with the Arizona Supreme Court this morning.

Alejandrina Cabrera's legal team of four has been working vigorously to meet the fast pace deadlines after they decided to appeal the ruling made by Yuma County Superior Court Judge John Nelson in a hearing last week. 

Cabrera's legal team tells News 13 the details of the phone conference that took place with the Arizona Supreme Court....

"We discussed with them the timeline of the appeal and our argument was due in court today," says Brandon Kinsey, Attorney for Alejandrina Cabrera.

Kinsey says no oral argument will be heard. He says the Supreme Court Judges will make their decision based on a 32 page document they submitted and briefs turned in by Mayor Juan Carlos Escamilla who petitioned the case and San Luis City Clerk Sonia Cuello.

John Garcia who is a part of Cabrera's legal team says the documents they sent in raise issues they feel the Supreme Court needs to address. 

"The Issues range from the application of the statue they filed the suit under ARS-16-351 where basically they only had 10 days to have the action heard and a decision rendered by a trial court judge. But that didn't happen, by the time we got to trial 27 days had elapsed," says Garcia.

"There was another procedural issue on how this case was filed. It was filed as a special action but if you look under statues regarding questions that can be brought up in a special action and non of which the case pertains to," says Ryan Hengl, Attorney for Alejandrina Cabrera.

Hengl says they believe the Yuma County Court made an error by allowing Dr. William Eggington to give expert opinion.

"His credibility is very questionable, he never established a baseline of what the English proficiency requirements were for a San Luis City Council person.. Yet he was able to say our client failed. But when asked directly what the baseline was he said he didn't know and said he wasn't hired to do that," says Hengl. 

Kinsey says they are unsure how long it will take the Supreme Court Judges to respond but the decision must be made before February 7th in order for Cabrera get her name printed on the ballot.

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