Petition for Judicial Review
130 NE Aurora Ave
Des Moines, Iowa 50313-3654
August 20, 2017
Judicial Qualifications Commission
1111 East Court Avenue
Des Moines, Iowa 50319
Re: Judge Anuradha Vaitheswaran
Iowa Court of Appeals
Carl Olsen v. Iowa Board of Pharmacy
On August 8, 2017, Judge Vaitheswaran denied my Petition for Rehearing filed on August 6, 2017. Judge Vaitheswaran also wrote the August 2, 2017, Decision in my Appeal.
In her Decision on August 2, 2017, Judge Vaitheswaran incorrectly stated the positions of both parties.
In my Petition for Rehearing on August 6, 2017, I asked for these errors to be corrected, without specifically suggesting what the court should rule on the merits of the Appeal (since I had already done that in the appellate briefs).
Losing the appeal on its merits would not be as painful as having the positions of both parties incorrectly stated and preserved forever in Iowa judicial history. This was extremely careless. I have no idea if it was intentional, but it just doesn’t seem ethical for the same judge that made these errors to deny the Petition for Rehearing to correct these errors.
August 20, 2017
Mr Olsen you are doing a wonderful job keeping the BoP in its toes. Holding thier feet to the fire LOL Thank You Thank You
Just to follow up here. I’m not going to agree the case is moot. The case is about the ruling the board made in 2013, and that ruling is incorrect no matter what the board does in 2014. We did not brief the issue in 2010 the way we did last year, and we did win a victory last year when the board tried to dismiss our case. So, I will use that ruling I got from the Iowa District Court last year to make the argument that this is an ongoing problem with the board. Rejecting my petition in 2013 should have required a better explanation than the board gave. The board just said it has discretion to do anything it wants to do, and that is not a sufficient explanation.