Former District 2 Supervisor Ray Nutting filed an appeal with the 3rd District Court of Appeals on June 30.
In May, Nutting was found guilty of multiple counts related to accepting loans from county employees or contractors, while he was cleared of three felony charges of failing to report income and one misdemeanor charge related to the loans. A fourth felony charge was dropped after the jury could not reach a decision.
Judge Timothy Buckley ordered Nutting’s District 2 Supervisor seat vacant on June 6 after the El Dorado County Board of Supervisors suspended meetings until the judge make a decision on whether Nutting could retain the seat. Because the misdemeanors were committed while he was actively in office, Nutting was removed.
Nutting deferred comments to his attorney, David Weiner.
The appeal was sent to the 3rd appellate court instead of the Superior Court of Appeals because of the felony charges that had accompanied the misdemeanors, Weiner said. A writ is also going to be filed with the 3rd DCA challenging Buckley’s decision to vacate the supervisor’s seat.
Should both be approved and the convictions reversed, it is possible Nutting could reclaim his seat.
“It’s a lot to do with timing,” Weiner said, in that if the seat is already filled by a September special election by the time the rulings come down, Nutting would be unable to immediately reclaim the seat. He was unsure of whether, in this case, Nutting could run again. He said the case is in “Never Neverland” as far as what is possible; there are many unknowns as the situation is “new to a lot of people, including me” and the complicated case is “full of twists and turns.” He was aware, however, that Nutting’s wife, Jennifer, is running for the District 2 seat in the special election.
Weiner said the case could have “statewide consequences” in that “every elected official could be affected” as possible targets for district attorneys.