Brady dodges Knox's first bullet

(Updated  throughout with comments from Stephen Cozen and Paul Rosen)

Tom Knox's first attempt at knocking Bob Brady from the primary ballot has been denied by a judge.

Luzerne County Judge Patrick J. Toole Jr. accepted the argument of Brady attorney Stephen Cozen that his city pension is "mandated by law and, accordingly, falls within the governmentally-mandated payment exclusion outlined in the Ethics Act..."

Toole notes that no appellate court has "specifically addressed or resolved the issue of 'what is a governmentally mandated payment' and/or 'whether a city pension which has vested and is being received constitutes such a payment.'"

Because the language in the state Ethics act is ambiguous, Toole writes, his decision should be "tempered by the well-established policy that favors the preservation, where possible, of a candidate's right to run for office and does not limit our citizens' electoral choices."

"The ethics act requires the state Ethics Commission to give clear guidance to all candidates," Cozen said. "Unless a judge can say I unequivocally believe that this was a violation, that this was wrong, unless they can say that they have to liberally construe the law to favor the candidate."

Toole writes that Brady has revealed the sources of incomes before, on federally-mandated financial interest statements.

As to the pension from the carpenters' union, Toole writes that Brady SHOULD have listed that indirect income, even though he isn't yet receiving it. BUT, Toole wrote, the mistake "is and should be curable by amendment and not subject to the fatal error rule."

Said Cozen:

"We disagree with Judge Toole on that one issue that it should have been disclosed, but Judge Toole is a terrific judge and while he said that, he also says that while I believe he got something of value and I construe the statuatory language, the definition of income broadly, it was not unreasonable for Mr. Brady and his advisers acting in good faith to come to a contrary conlusion. Consequently, given the spirit of the act and given the requirement of clear guidance, he’s got the right to amend and stay on the ballot."

Toole notes in his ruling that his decision will likely be appealed.

Paul Rosen from the Caribbean, via the Inky:

"He's changed the law and made an exception for Brady," said Rosen, who was still waiting for a fax of the ruling while on vacation in the Caribbean. "Other people have been removed [for similar omissions]. ... I can't believe they carved out a law just for Brady. I'm shocked."

Comments

[Philly Poll Watch]

http://www.youtube.com/watch?v=f-HK_VT81Pk

"Nah, I was just spinning the s**t and it worked." This is a disgrace. The May primary should be fun though.