Miami-Dade Commissioner Gets Her Day In Court To Block Recall

MIAMI (CBS4) - Miami-Dade Commissioner Natacha Seijas will have her day in court next month in the fight to oust her from her seat.

A motion to block the recall election against her will go before Miami-Dade Circuit Court Judge Amy Steele Donner on February 7.

The motion, filed by political action committee Abre Los Brazos, is trying to keep the District 13 commissioner in her seat as voters try to remove her for the second time in five years.

Seijas released a statement Tuesday shortly after the court date was set.

"On Monday, February 7th, 2011 the Court will conduct a hearing to determine if a sufficient number of legitimate recall petitions were gathered in District 13 to warrant a special election.  I remain confident in our system of justice and the eventual outcome of this case.   The attorneys representing Miami Voice asked the Court repeatedly to allow their clients permission to avoid depositions.  That motion was denied. The individuals must honor the subpoenas and respond to proper inquiries.   As I have previously stated, citizens have an absolute right to petition their government. No investigators associated with my case have knocked on doors, or attempted to directly contact individuals involved in this recall petition. It is important that we all respect this process.  Subpoenas have been served, and depositions will be taken in accordance with the protocols of our system of justice," wrote Seijas.

Before the filing by Abre Los Brazos, Seijas' attorney Stephen Cody also filed a lawsuit to stop the recall election, saying there were flaws in the signed petitions submitted to the Clerk of Courts, according to CBS4 news partner the Miami Herald.

Seijas resorted to questioning Miami-Dade Clerk of Courts Harvey Ruvin's integrity in a statement issued after the lawsuit was filed.

"My legal team has discovered potentially fatal errors committed by the Clerk's Office," Seijas said. "Accuracy should have been paramount during the Clerk's petition review process."

Seijas' attorney said that the political action committee leading the recall of Seijas, Miami Voice, "took a lot of shortcuts."

"A 66 percent margin of victory deserves to be respected," Seijas said in a statement on Tuesday. "Unfortunately, there are elements in this community who are recklessly making sport of the recall provisions in the Miami-Dade County Charter."

The move wasn't a surprise as Seijas angrily responded to the certification of the recall by again questioning Ruvin's integrity.

In a statement sent out December 23, the date the signatures were certified, Seijas said, "It (the certification) does raise concerns that the Clerk's office was able to complete this rigorous process in just a couple of days - right before Christmas. My review of his hasty work will begin in earnest after the holidays."

She also made a veiled hint at racism on both the Commission and in the community in her December 23rd statement.

"As a Cuban-American woman, I accept that there are elements of this community who resent my presence on the board."

Seijas represents District 13 which includes Hialeah and Miami Lakes.

(© MMX CBS Television Stations. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. CBS4 news partner The Miami Herald contributed material for this report)