Thursday, July 28, 2011

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Judge: No Standing for Conflict Allegations in SIC Case Denies Motion to Disqualify AG King
(SANTA FE)----District Judge Stephen Pfeffer says allegations of conflict by Attorney General Gary King in the Vanderbilt Capital payto-play case can not be raised by attorney Victor Marshall because his client, Frank Foy, has no standing to do so. "Judge Pfeffer's ruling is a huge step forward in clearing the air of Mr. Marshall's self-serving and spurious allegations of conflict," says Attorney General King. "I believe the motion to disqualify my office has always been about preserving Mr. Marshall's legal fees at the expense of the best interests of the state." In his ruling late Wednesday, Judge Pfeffer stated: "The AGs duty of representation would run to the State Investment Council (SIC), the entity represented by the AG in the litigation pursued by the AG in other courts and, therefore, any alleged conflict of interest would be for the SIC to raise in the context of that litigation." The judge also granted the Attorney General's Office motion for a protective order saying depositions of AG King and others at the SIC were unnecessary given his ruling that the plaintiffs had no standing to raise the conflicts issues; also denied was Mr. Marshall's motion for expedited discovery on the same grounds.

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