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THE STATE OF RIDGEWAY
IN THE SUPERIOR COURT OF RIDGEWAY
takosull0,
Petitioner,
v.
DannyDoesApprove, in his official capacity as a
law enforcement officer in the Ridgeway Park
Service, pursuant to 7 R. Stat. § 133.002.
Respondent.
Hon. AlbertWellesley
Case No.: RSC-CV-1769
PETITIONER’S MOTION TO STRIKE RESPONDENT’S APPEARANCE
NOW COMES the Petitioner, and respectfully moves this Court to strike Respondent’s
appearance as Deputy Attorney General. In support of this Motion, Petitioner states:
1. 7 R. Stat. § 122.005 provides: “The Solicitor General shall defend all proceedings
against government officers in their official capacities.”
2. The statute is mandatory and contains no exception authorizing a Deputy Attorney
General to assume the Solicitor General’s duties when the office of Solicitor General is vacant.
3. Respondent has represented to this Court that he intends to defend this proceeding as
a Deputy Attorney General because the office of Solicitor General is vacant.
4. The vacancy of the Solicitor General does not, standing alone, provide Respondent
with statutory authority to undertake duties that § 122.005 expressly assigns to the Solicitor
General.
5. A government office’s failure to remain staffed cannot serve as a basis for
disregarding an otherwise mandatory statutory requirement. The statutory assignment of this
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responsibility to the Solicitor General is a matter for the State to comply with. The Petitioner
should not be required to accept an unauthorized substitute merely because the State has failed
to maintain its designated legal office. Put simply, the State’s inability to staff one of its most
important legal offices is not a burden that should be imposed upon the Petitioner, nor does that
inability authorize Respondent to disregard the plain language of 7 R. Stat. § 122.005. The
Court should therefore enforce the statute as written rather than permit the State’s staffing
deficiency to create an exception that the Legislature did not provide.
6. Respondent’s status as a Deputy Attorney General does not provide a blanket
authorization to perform functions expressly reserved by statute to the Solicitor General.
WHEREFORE, Petitioner respectfully requests that this Court:
A. Decline to recognize Respondent as authorized counsel for the Respondent under 7
R. Stat. § 122.005;
B. STRIKE Respondent’s appearance as Deputy Attorney General in this proceeding;
C. STRIKE Respondent’s response, objections, briefs, and other filings submitted
pursuant to that unauthorized appearance;
D. Grant such other and further relief as this Court deems just and proper.
Respectfully submitted,
/s/ takosull0
Petitioner Pro Se
8.22.26
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