Judge denies Goldberg appeal to block O'Brien's return to CCC
Photo | Courtesy of Sam Doran, State House News Service
State Treasurer Deborah Goldberg
An Appeals Court judge said late Wednesday that Treasurer Deborah Goldberg has not shown that she's likely to succeed in her appeal of a court order reinstating Shannon O'Brien as chair of the Cannabis Control Commission, clearing the path for O'Brien's return.
Judge Gloria Tan denied Goldberg's motion for an order that would prevent O'Brien from returning to her job as chair of the CCC -- the job that Goldberg appointed O'Brien to in September 2022, suspended her from in September 2023, and fired her from in September 2024 -- while the treasurer appeals the Superior Court ruling that went in O'Brien's favor.
"After careful review of the papers submitted, including the judge's comprehensive memorandum of decision and order, the defendant has not demonstrated, as she must, a likelihood of success on appeal. Accordingly, the motion for a stay is denied," Tan wrote in the three-paragraph order.
Joe Baerlein, a spokesman for O'Brien, said Goldberg "should stop her wasteful spending of taxpayer dollars in a continued attempt to smear Shannon O’Brien’s excellent reputation."
"The Treasurer has spent over $1 million on private lawyers and now is spending valuable resources from the state attorney general’s office in prolonging this appeal. It’s time for Treasurer Goldberg to stop her fleecing of taxpayer dollars," he continued.
Andrew Napolitano, spokesman for Goldberg, said, "We are reviewing our options and haven't made a decision as to our next step."
Goldberg said the Superior Court judge who ruled in favor of O'Brien this month "got it wrong" and argued that preventing O'Brien's return to work was necessary "in order to avoid serious disruption to the ongoing work of the Cannabis Control Commission."
"If an immediate stay is not granted, leadership at the agency will be in a state of turmoil. Further, there will be potential confusion as to lines of authority at the Commission while this matter is on appeal," Assistant Attorney General John Hitt, who has represented Goldberg's office in the matter, wrote in a filing this month.
O'Brien's term as chair of the CCC is set to run through Aug. 31, 2027.
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