Both camps are working through the initial briefing phase. The deadline for all written arguments and responses is May 5. Many of the arguments in the Bradley attorneys' brief are rehashes of previous stances. The Court of Appeals opinion stands as the unfortunate model of how few rights elected officials are given in protecting the property and liberty interests they have in their elected office. In legal documents to the appeals court, Kelly argued that the Legislature properly provided a procedure for public officials to remove elected mayors and council members.
Oral arguments can still be pivotal because they can clarify key points, court observers say.
As the court's caseload has grown, the time allowed for attorneys' statements has been shortened. Most attorneys believe that 20 minutes is paltry time to make a complex argument and deal with curves thrown from the bench. You want to clarify issues they don't understand. But it's intimidating. Westlake is a lengthy case with sharp disagreements between the district and appellate courts, involving many issues and players.