The county’s deputy clerk had filed to intervene in the case in 2009, but the motion was denied by the federal court, then the federal appellate court because of a lack of standing. The federal appellate court wrote in its ruling last month that were the elected clerk the one intervening, the arguments about the county having an interest in the case might have merit.
San Francisco Chief Deputy City Attorney Therese Stewart told the Associated Press she believes it’s too late for Imperial County to intervene, even though it now has a clerk willing to defend Proposition 8. The deadline for appealing Walker’s ruling passed in September, she said.
“Having failed timely to file a notice of appeal, the county clerk for Imperial County cannot now create jurisdiction by filing a motion to intervene,” Stewart said.
However, lawyers for the county and Storey said in a press release that this move brings a new perspective to the case. If Storey’s request were to be denied, it brings up the question of whether anyone has sufficient legal interest to appeal the district court’s ruling.
Storey has sufficient interest as an elected official whose job will be directly impacted by the case, according to the press release.
“This case is not only important for influencing nationwide law regarding marriage, but it is also important for the people of California to have their vote respected,” said Jennifer Monk, associate general counsel for the law firm.
Staff Writer Elizabeth Varin can be reached at evarin@ivpressonline.com or 760-337-3441.
The Associated Press contributed to this report.
