Erie County Judge Ernest DiSantis Friday morning removed Ebert Beeman from County Council.
But Beeman's attorney Jeffrey Del Fuoco says he may not have the right do that, and has filed a Motion for Summary Judgement.
"This is not the proper forum for the removal of an elected official, and hopefully he'll see that, and maybe reverse what he's done, and grant Summary of Judgement for Councilman Beeman," said Del Fuoco.
Del Fuoco says this comes from Article VI Section 7 of the Pennsylvania Constitution. That article states the only way an elected official can be removed from office is by the governor, after a hearing in front of the state senate. He tells us there have been multiple cases just like this one that have been over turned because of this law.
He says they've been arguing over if this was an infamous crime or not, but now, its time to bring into question the forum of where this was argued.
"We're in the wrong forum, the wrong place. ALl the issues are important that Jack's been arguing, and things I've been arguing, they're important. But the question has now become who makes the decisions under the Pennsylvania Constitution?"
Del Fuoco tells us it is now up to Judge DiSantis to decided whether or not to take back his ruling. If he does not, Del Fuoco says, that's when he and Beeman can appeal.
All content © Copyright 2000 - 2013 WorldNow and WICU. All Rights Reserved.
