In re Nomination Petition of Guzzardi

I join Justice Baer’s Dissenting Opinion. I write separately to address two points raised by the majority.

First, the majority notes that “[s]ince the present situation is vastly different from the ‘natural disaster, fire, or bomb threat’ scenarios envisioned by the dissent, we do not address those here.” Majority Opinion at 386 n. 5 (citation omitted). Admittedly, an appeal for nunc pro tunc relief because “I was misinformed” (as herein) is “different” from an appeal for nunc pro tunc relief because, for example, a fire prevented access to the filing office, as the latter claim appears to…