Friday, November 27, 2009

MORE RE: THE COMMISSIONER'S HEARING

I stand corrected. In the previous positing this writer said the fact that the Commissioner has now scheduled the long sought hearing (re: the SAD 63 Board's termination of the former superintendent) would appear to make a decision from the Maine Supreme Court moot.

First, I meant any court order to the Commissioner to hold the hearing would appear to have been done - or at least scheduled - by the time of the Court's decision, and thereby making it (the court order) moot. But that may not necessarily be a true, or at least a complete statement. A source close to the case points out that "It would be the conduct of the hearing that could moot the law court appeal, not merely scheduling it, and even then it might not be moot under court doctrines that call for cases of importance to be decided, sometimes even when the immediate issue appears to have been resolved by the passage of time or subsequent events. Therefore the District certainly should not be stating the appeal is moot, as it is not yet moot and may never be moot."

This writer appreciates the information provided and the clarification. The correction is noted.

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