Los Angeles County Superior Court - Judge, Seat 151 Presided over cases in the Lawrence Circuit Court involving Juvenile Delinquency, Paternity, Child . Judge Westover denied the motion to disqualify, and the challenged judge later denied plaintiff's motion for a new trial. App. [156 Cal. Michele Bell Seeks OC Superior Court Judge Seat 30 If counsel was unable to prepare an adequate affidavit in the weeks during which these motions were pending, it seems highly unlikely that any additional benefit to petitioners would accrue from an evidentiary hearing. The presiding judge then informed defense counsel he would refer the matter of disqualification to the Chairperson of the Judicial Council. In an analogous situation, the courts have upheld the use of affidavits alone as a [156 Cal. Responsible for the overall operation and administration of the Court system, including case management, Healing to Wellness Court and probation. They'll only appear on your ballot if someone challenges their seat at the end. As previously pointed out, the procedures for judicial disqualification are intended only to afford the litigant a fair and impartial trial; they are not intended to be a delaying tactic available to permit litigants to avoid a judicial "day of reckoning." Top 3 Priorities All further statutory references are to the Code of Civil Procedure unless otherwise stated. App. (2) A party who believes that his motion to disqualify the trial judge has been wrongfully denied may move to change the venue of trial pursuant to section 397, subdivision 4. Subdivision (d) provides that a trial judge may, after a statement of disqualification is filed pursuant to subdivision (c), either file with the clerk a consent that the matter be tried before another judge or file a verified answer within 10 days admitting or denying any or all of the allegations in the statement of disqualification and setting forth any additional information relevant to the question of disqualification. With respect to the appointment in the instant case of Judge Kroninger, defense counsel states that "Petitioners were never provided the opportunity to evaluate or challenge the judge appointed to rule on their motion. App. App. On November 16 the [156 Cal. Thus, in determining whether failure to notify petitioners of the appointment of Judge Kroninger to pass upon their motion to disqualify Judge Creede violated due process safeguards, it is appropriate to turn again to the balancing of considerations articulated by the California Supreme Court in People v. Ramirez, supra, 25 Cal.3d at page 269. Especially now, she said that experiences and backgrounds need to be reflected everywhere, including community leadership, by elected officials and within the judiciary. For instance, we accepted a Conditional Agreement for a 60-day unpaid suspension when a judge wrongfully accused an attorney of attempting to cheat taxpayers in response to a perceived challenge to an improper, ex parte attorney-fee award, and became embroiled in a public political campaign against the county council. Id. 5. (See, e.g., 1 Cal. One unbelievable abusive practice of this judge was remanding defendants to jail without proper hearings or defense representation. at 24748 (Shepard, C.J., dissenting), 24849 (Sullivan, J., dissenting). In single-judge counties, that judge holds the administrative authority. Id. All rights reserved. [No. Since we are concerned in this proceeding only with the challenge to Judge Creede, we will discuss only the contents of the affidavit for Judge Creede's disqualification. Depending on who that judge is, or their disposition, that person can affect your life more directly than someone whos a lawmaker at city county, or state level., To learn more about Michele Bell, see https://bellforjudge.com/, To learn more about the Black Democrats of Orange County, contact blackdemsoc@gmail.com. App. v. Superior Court (1981) 125 Cal. Judge Carol Williams Elswick in Office 156 of the Los Angeles Superior Court has been publicly admonished by the Commission on Judicial Performance for many acts of misconduct involving abuse of authority and is particularly serious. In People v. Ramirez (1979) 25 Cal. Candidate(s) Votes Percent; CAROL ELSWICK (N) 438,049: 69.34%: ALBERT ROBLES (N) 193,698: 30.66%: . Specifically, section 397, subdivision 4, provides that venue may be changed "[w]hen from any cause there is no [156 Cal. 943 N.E.2d 1276, 127780 (Ind. 2018) (failing to recuse from, and improperly intervening in, a close friend's traffic infraction case, even after a prior caution); In re Van Rider, 715 N.E.2d 402 (Ind. Following the filing of the petition for writ of mandate with the necessary supporting affidavits, the appellate court exercises its original jurisdiction and decides the fairness and impartiality of the hearing given by the appointed judge to the aggrieved party's motion to disqualify the trial court judge in the first instance, guided by the principles ofAndrews v. Agricultural Labor Relations Bd., supra: "'In order for the judge to be disqualified, the prejudice must be against a particular party [citations] and sufficient to impair the judge's impartiality so that it appears probable that a fair trial cannot be held.' We recognize that the private interests affected by the official action, i.e., the litigant's right to a fair and impartial trial, is a significant right resting on a constitutional foundation. The judge selected by the parties or [156 Cal. 3d 681]25 Cal. Voters should have started receiving their Primary ballots in the mail starting May 9, which also opened in-person early voting at regional Registrar of Voters offices. Judge Ospino left an incredible legacy, having worked tirelessly for this County and its residents and he did so with compassion, humor, and great humility. (Solberg v. Superior Court, supra, 19 Cal.3d at p. He has known Stephen Scott since about 1990, having worked with Scott in the county prosecutor's office, where Scott supervised Adult Protective Services. Rptr. She said her top responsibility as a judge is to balance public safety against making sure every litigant receives fairness and their day in court. (2).) The top two vote-getters for all elected offices will then go on to compete in the November election. Somehow voters miss the connection between whos running down ballot, like Superior Court Judge, and the real life implications of the gavel. L. W. Holt and Arlene J. Irlando for Petitioners. 1970) Courts, 82, p. 359 ["The statute prescribes no procedure for the summary determination by the other judge. Additionally, although the preferable procedure may be that the parties or their attorneys agree upon a judge from the same court as the challenged judge to pass on the disqualification, the statute itself does not impose this limitation. The factors to be considered are substantially the same as those identified in People v. Ramirez. App. The sanction must be designed to deter similar misconduct and assure the public that judicial misconduct will not be condoned. 2003 - 20085 years. (See, e.g., United States v. Navarro-Flores (9th Cir. 3d 682] basis on which the trial court can assess alleged juror misconduct in a motion for a new trial and have declined to extend to the defendant any absolute right to subpoena jurors and thus compel their testimony in support of the motion. On July 31, 2012, when the cases had been pending nearly seven years, Judge Freese ordered Scott to appear in person and bring all financial records to a September show-cause hearing. (Myung J. Chun / Los Angeles Times) California uses a hybrid system to select its trial judges, including the nearly 500 who serve on the Los . 1980) 628 F.2d 1178, 1182; Corbett v. Bordenkircher (6th Cir. App. Rule 2.13(A)(1), requiring judges (in relevant part) to exercise the power of appointment impartially and on the basis of merit. Georgia Senate runoff: Judge rules to allow early voting on Saturday 269. Air Resources Bd. Thereupon Judge Creede ordered the pretrial motions to be set for hearing on August 2. The criteria delineated by the Supreme Court in People v. Ramirez, supra, [156 Cal. The cases relied upon by appellant which relate to the giving of notice are not in point. The ex parte nature of the proceeding to determine the disqualification of a trial judge has been known to litigants since 1945. The parties here have agreed to a 45-day suspensionsquarely between the above guideposts. JUDGE OF THE SUPERIOR COURT Office No. Judge of the superior court office no 156 candidates 2022 at 128991. (e)); and to allow petitioners a full evidentiary hearing on any redetermination of their motion to disqualify Judge Creede. (Matthews v. Eldridge (1976) 424 U.S. 319, 334-335 [47 L. Ed. 373-374. Eugene Fields, vice chair of the Black Democrats of Orange County, is not surprised at how few Blacks run for office in the county. But while a majority of the Court imposed a 60-day suspension, id., two Justices would have imposed a one-year suspension. 3d 806, 820 [141 Cal. 156: FENTON ENG Incumbent 150 S 3RD AVE ARCADIA CA 91006 . Civil Court: MCCOY, Scott Superior Court Judge 602.372.3603: East Court Building-612 : Civil Court: MIKITISH, Joseph Superior Court Judge 602.372.1547: East Court Building-913 : Civil Court: MOSKOWITZ, Frank Superior Court Judge 602.506.7140: East Court Building-914 : Civil Court: RYAN, Timothy J. The stolen funds remain unrecovered. The judge in In re Cox had a long-running, express policy of giving longer sentences to defendants who had jury trials instead of bench trials or pleading guiltyand sentenced one defendant without disclosing his criticism of her in a disciplinary action she had brought against her former attorney. 3d 625, 627, fn. Citing no aggravators, the parties agree that an appropriate sanction is a 45-day suspension without pay, plus assessing costs of this proceeding against Judge Freese. [6] We are not persuaded, however, that an opportunity to challenge a judge appointed by the Chairperson of the Judicial Council to pass upon the disqualification of another judge is either contemplated by the applicable statutes or required by the Constitution. John M. Plummer, III - Superior Court Judge - LinkedIn App. This being the case, the practical effect of the parties' failure to agree on any judge to determine the disqualification of the trial court judge is to afford the litigants the functional equivalent of unlimited peremptory challenges, i.e., inherent in the inability to agree must be the belief that a fair and impartial hearing cannot be obtained. The petition for writ of mandate is denied, and the alternative writ is discharged. (1981) 28 Cal. Rptr. Isabel Apkarian, 44, of Newport Beach, has been appointed to serve as a Judge in the Orange County Superior Court. Biography It is a summary proceeding in which the several steps must be taken within the brief periods specified therefor. In December 2009, Scott filed a partial, defective Trust accounting; and through newly-hired counsel, he sought an extension to January 29, 2010. No form of trial or other formal procedure is directed and none is to be implied. 893]. Solberg, however, is clearly distinguishable from the instant case. In a written ruling, Fulton County Superior Court Judge Thomas Cox said that . However, our review of the legislative history of section 170.8 persuades us that petitioners' reliance is misplaced. See, e.g., In re Brown, 4 N.E.3d 619 (Ind. Judge Freese took the matter under advisement after a hearing, and on October 24 appointed Scott as personal representative of the Estate. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. But two Justices dissented and would have removed the judge from office. On balancing all the considerations outlined in People v. Ramirez, supra, 25 Cal. App. Only when the parties have already failed to agree on any judge to pass on the issue of disqualification does the obligation to appoint a judge fall on the Chairperson of the Judicial Council. In none, so far as we can ascertain, was there adequate discussion of legislative intent, of due process requirements, or of critical distinctions between factual and legal issues. 2d 368 for the initial determination of the disqualification of a challenged judge and the remedial procedures available to a litigant dissatisfied with the denial of such a motion are adequate to satisfy the due process requirements of both the state and federal Constitutions. IN RE: the Honorable Robert W. FREESE, Judge of the Hendricks Superior Court 1, Respondent. Governor Newsom Appoints 18 Superior Court Judges 3.25.21 Judge Freese used his line of credit to lend Scott the funds. (4) The party dissatisfied with the denial of his or her motion to disqualify the trial judge may seek immediate relief by way of a petition for a writ of mandate or prohibition, as was done in this case. Handled all types of civil . Rptr. 3d 182 [137 Cal. However, we are convinced that there is virtually no risk that this interest will be compromised or lost by permitting a judge assigned by the Chairperson of the Judicial Council to determine the disqualification of the trial judge without first giving notice to the litigants of the identity of the appointed judge. As the court stated in People v. Scott (1982) 129 Cal. Id. Atty. App. At the same time, the governmental interest in efficient and judicious expenditure of court resources is served by the procedure followed in this case. Rptr. Patrick Hare Los Angeles County Deputy Public. As the above cases illustrate, a 45-day suspension from office without pay is a very serious sanction, but we agree it is warranted here, in view of the serious harm to the Trust and Estate that were enabled by the Judge's misconduct. Arraignment in superior court was continued several times. 3d 10, 17 [177 Cal. The availability of immediate review of that determination by a petition for a writ of mandate is an adequate safeguard. But he stressed the personal responsibility to get out and vote is critical, and the community can do their part by learning more about the judges they elect. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. In addition to adding little, if anything, to existing procedural safeguards, an evidentiary hearing on a motion to disqualify a trial judge, by nature an adversarial proceeding, would not only result in increased expenditure of judicial time and resources but would also place the challenged judge in the untenable position of submitting to cross-examination regarding his judicial role, actions, and demeanor. After the motions were filed, the presiding judge asked defense counsel whether any judge on the Fresno County Superior Court bench would be acceptable to defense counsel to rule on the disqualification of Judge Creede. App. Conference of United Methodist Church v. Superior Court (1978) 82 Cal. Initially, a judge appointed by the Chairperson of the Judicial Council to pass upon the disqualification of a trial judge remains subject to the provisions of section 170, subdivision (b), as well as canon 3C of the Code of Judicial Conduct. Finally, in an extraordinary case when the affidavits are closely balanced, the appellate court may appoint a referee to conduct a full, evidentiary hearing on the actual bias or prejudice of the judge appointed by the Chairperson of the Judicial Council to pass upon the [156 Cal. 3d 673]. App. fn. App. (3) If the ground of disqualification is not known until after judgment, disqualification then becomes a basis for attack on the judgment itself. Yet from 2006 through November 2009, Scott provided no annual accounting of Trust assets. The provisions of section 170.6 are therefore a fallback position, an escape hatch for a party or attorney who believes a judge to be prejudiced such that a fair and impartial trial or hearing cannot be had before him, notwithstanding the failure of the judge to disqualify himself. App. 3d 683] section 170.6 peremptory challenge is available against a judge appointed to pass upon the disqualification of another judge. 2d 18, 33, 96 S. Ct. There the real party in interest argued that the petitioner was not entitled to writ of mandate as the "remedy at law" was adequate, i.e., although the petitioner's attempt to disqualify the trial judge under section 170, subdivision (a)(5), had been denied, the petitioner could have utilized its peremptory challenge under section 170.6. This date was later continued to September 19 at defense counsel's request. at 24344. Upon direction of the California Supreme Court, this court issued an alternative writ of mandate directing the respondent superior court to grant the relief sought or to show cause before this court why a peremptory writ of mandate granting such relief should not issue. (Id, at p. Jacot is a Democrat. And the judge in In re Young routinely misinformed traffic defendants about the State's burden of proof and penalized those who went to trial more harshly as a deterrent to othersand in one instance refused to let a defendant accept a plea agreement and plead guilty. As to the legislative intent regarding the type of hearing contemplated by section 170, we believe it is significant that in almost 40 years since the decision in Bixby v. Hotchkis, supra, the Legislature has not found it necessary to modify the statutory language to negate the ex parte procedure sanctioned in Bixby. 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Id. App. 826].) None of the parties objected, but the Judge never disclosed his financial arrangement with Scott. ), In language similar to that of the California Constitution, the right to due process of law is guaranteed in both the Fifth and Fourteenth Amendments to the United States Constitution. As a bench officer, Bell said her commitment is to treat all those that come before her fairly, regardless of their backgrounds or beliefs. 2d 689, 697 [169 P.2d 649]. At that time motions were scheduled for May 13 and a jury trial date was set for June 20. 3d 676] procedures used, and the probable value, if any, of additional or substitute procedural safeguards, (3) the dignitary interest in informing individuals of the nature, grounds and consequences of the action and in enabling them to present their side of the story before a responsible governmental official, and (4) the governmental interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. A defendant's right to a fair and impartial trial, guaranteed as an element of due process, does not mandate such an intrusive inquiry. Our Judge Voter Guide for California's November 8th General Election will help you cut through the rhetoric, election propaganda and biased media coverage of the campaigns. Cal. of California Court of Appeal opinions. Lawrence County, Indiana. L A Superior Court Judge Carol Elswick of Office 156 has been Publicly Admonished for many incidents of misconduct and abuse of authority is particularly serious. On the continued date defense counsel filed affidavits to disqualify Judge Creede and two other judges of the Fresno County Superior Court pursuant to the provisions of section 170, subdivision (a)(5). It is likewise equally our duty not to unnecessarily hamper the state in its properly diligent efforts to enforce the law for the protection of all persons within our jurisdiction." FN 2. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The purpose of judicial discipline is not primarily to punish a judge, but rather to preserve the integrity of and public confidence in the judicial system and, when necessary, safeguard the bench and public from those who are unfit. Hawkins, 902 N.E.2d at 244 (Ind. The charges involved sales of narcotics allegedly occurring on September 28 and September 30, 1981. This court denied the petition. Robles is on the ballot in the primary on June 7, 2022. 30-4-5-13(b) (emphasis added). App. Over the People's objection, Judge Creede continued the motion date at petitioners' request to June 3. Finally, the governmental interest in expeditious resolution of judicial disqualifications is clear. On June 12, 2007, when the Estate had been pending for nearly two years, Judge Freese advised Scott a final report and accounting was due. But while the cases were pending and Scott was living in Florida, he left Scott a phone message stating he was concerned that Scott was behaving bizarrely, and that he would never have thought [Scott] would have stolen anything.. The People thereupon filed a petition for a writ of mandate in the superior court alleging that the challenged judge had abused her discretion in declining to disqualify herself. In his answer under oath, Judge Creede denied that he had any bias or prejudice toward petitioner Henry Garcia. 1999) (failing to recuse from son's criminal case, instead ordering him released from jail on his own recognizance). Orange County Superior Court . ", [2] Although due process of law has been recognized as an element of a fair and impartial trial, it is not a right which lends itself to a fixed and immutable definition. Rptr. Accordingly, no trial or other formal hearing is required; no evidence need be taken in addition to that already before him (verified statement and answer); and he may proceed ex parte, making his decision without notice to counsel."].) The Estate had been open nearly five years when Judge Freese signed that order in August 2010. In 2004, Scott needed $122,400 to buy a home but had poor credit after a bankruptcy. A Fulton County judge is clearing the path for Georgia's local election officials to have the option of offering early voting on the Saturday after Thanksgiving ahead of the Dec. 6 U.S. Senate . Carol Elswick Judge of the Los Angeles Superior. Judge Freese took no action or minimal action on those reports. If the appointed judge files an answer to the petition, including affidavits controverting the allegations of bias and the deprivation of a fair hearing, the appellate court, sitting as a finder of fact in an original proceeding, can resolve the conflicting affidavits and render its decision accordingly. If you are a registered voter in the County of Los Angeles, you will soon receive your Official Vote by Mail Balloting Material Packet for the upcoming June 7, 2022 Primary Election. In Bixby v. Hotchkis (1945) 72 Cal. Los Angeles County Superior Court - Judge, Seat 151 Presided over cases in the Lawrence Circuit Court involving Juvenile Delinquency, Paternity, Child . Judge Westover denied the motion to disqualify, and the challenged judge later denied plaintiff's motion for a new trial. App. [156 Cal. Michele Bell Seeks OC Superior Court Judge Seat 30 If counsel was unable to prepare an adequate affidavit in the weeks during which these motions were pending, it seems highly unlikely that any additional benefit to petitioners would accrue from an evidentiary hearing. The presiding judge then informed defense counsel he would refer the matter of disqualification to the Chairperson of the Judicial Council. In an analogous situation, the courts have upheld the use of affidavits alone as a [156 Cal. Responsible for the overall operation and administration of the Court system, including case management, Healing to Wellness Court and probation. They'll only appear on your ballot if someone challenges their seat at the end. As previously pointed out, the procedures for judicial disqualification are intended only to afford the litigant a fair and impartial trial; they are not intended to be a delaying tactic available to permit litigants to avoid a judicial "day of reckoning." Top 3 Priorities All further statutory references are to the Code of Civil Procedure unless otherwise stated. App. (2) A party who believes that his motion to disqualify the trial judge has been wrongfully denied may move to change the venue of trial pursuant to section 397, subdivision 4. Subdivision (d) provides that a trial judge may, after a statement of disqualification is filed pursuant to subdivision (c), either file with the clerk a consent that the matter be tried before another judge or file a verified answer within 10 days admitting or denying any or all of the allegations in the statement of disqualification and setting forth any additional information relevant to the question of disqualification. With respect to the appointment in the instant case of Judge Kroninger, defense counsel states that "Petitioners were never provided the opportunity to evaluate or challenge the judge appointed to rule on their motion. App. App. On November 16 the [156 Cal. Thus, in determining whether failure to notify petitioners of the appointment of Judge Kroninger to pass upon their motion to disqualify Judge Creede violated due process safeguards, it is appropriate to turn again to the balancing of considerations articulated by the California Supreme Court in People v. Ramirez, supra, 25 Cal.3d at page 269. Especially now, she said that experiences and backgrounds need to be reflected everywhere, including community leadership, by elected officials and within the judiciary. For instance, we accepted a Conditional Agreement for a 60-day unpaid suspension when a judge wrongfully accused an attorney of attempting to cheat taxpayers in response to a perceived challenge to an improper, ex parte attorney-fee award, and became embroiled in a public political campaign against the county council. Id. 5. (See, e.g., 1 Cal. One unbelievable abusive practice of this judge was remanding defendants to jail without proper hearings or defense representation. at 24748 (Shepard, C.J., dissenting), 24849 (Sullivan, J., dissenting). In single-judge counties, that judge holds the administrative authority. Id. All rights reserved. [No. Since we are concerned in this proceeding only with the challenge to Judge Creede, we will discuss only the contents of the affidavit for Judge Creede's disqualification. Depending on who that judge is, or their disposition, that person can affect your life more directly than someone whos a lawmaker at city county, or state level., To learn more about Michele Bell, see https://bellforjudge.com/, To learn more about the Black Democrats of Orange County, contact blackdemsoc@gmail.com. App. v. Superior Court (1981) 125 Cal. Judge Carol Williams Elswick in Office 156 of the Los Angeles Superior Court has been publicly admonished by the Commission on Judicial Performance for many acts of misconduct involving abuse of authority and is particularly serious. In People v. Ramirez (1979) 25 Cal. Candidate(s) Votes Percent; CAROL ELSWICK (N) 438,049: 69.34%: ALBERT ROBLES (N) 193,698: 30.66%: . Specifically, section 397, subdivision 4, provides that venue may be changed "[w]hen from any cause there is no [156 Cal. 943 N.E.2d 1276, 127780 (Ind. 2018) (failing to recuse from, and improperly intervening in, a close friend's traffic infraction case, even after a prior caution); In re Van Rider, 715 N.E.2d 402 (Ind. Following the filing of the petition for writ of mandate with the necessary supporting affidavits, the appellate court exercises its original jurisdiction and decides the fairness and impartiality of the hearing given by the appointed judge to the aggrieved party's motion to disqualify the trial court judge in the first instance, guided by the principles ofAndrews v. Agricultural Labor Relations Bd., supra: "'In order for the judge to be disqualified, the prejudice must be against a particular party [citations] and sufficient to impair the judge's impartiality so that it appears probable that a fair trial cannot be held.' We recognize that the private interests affected by the official action, i.e., the litigant's right to a fair and impartial trial, is a significant right resting on a constitutional foundation. The judge selected by the parties or [156 Cal. 3d 681]25 Cal. Voters should have started receiving their Primary ballots in the mail starting May 9, which also opened in-person early voting at regional Registrar of Voters offices. Judge Ospino left an incredible legacy, having worked tirelessly for this County and its residents and he did so with compassion, humor, and great humility. (Solberg v. Superior Court, supra, 19 Cal.3d at p. He has known Stephen Scott since about 1990, having worked with Scott in the county prosecutor's office, where Scott supervised Adult Protective Services. Rptr. She said her top responsibility as a judge is to balance public safety against making sure every litigant receives fairness and their day in court. (2).) The top two vote-getters for all elected offices will then go on to compete in the November election. Somehow voters miss the connection between whos running down ballot, like Superior Court Judge, and the real life implications of the gavel. L. W. Holt and Arlene J. Irlando for Petitioners. 1970) Courts, 82, p. 359 ["The statute prescribes no procedure for the summary determination by the other judge. Additionally, although the preferable procedure may be that the parties or their attorneys agree upon a judge from the same court as the challenged judge to pass on the disqualification, the statute itself does not impose this limitation. The factors to be considered are substantially the same as those identified in People v. Ramirez. App. The sanction must be designed to deter similar misconduct and assure the public that judicial misconduct will not be condoned. 2003 - 20085 years. (See, e.g., United States v. Navarro-Flores (9th Cir. 3d 682] basis on which the trial court can assess alleged juror misconduct in a motion for a new trial and have declined to extend to the defendant any absolute right to subpoena jurors and thus compel their testimony in support of the motion. On July 31, 2012, when the cases had been pending nearly seven years, Judge Freese ordered Scott to appear in person and bring all financial records to a September show-cause hearing. (Myung J. Chun / Los Angeles Times) California uses a hybrid system to select its trial judges, including the nearly 500 who serve on the Los . 1980) 628 F.2d 1178, 1182; Corbett v. Bordenkircher (6th Cir. App. Rule 2.13(A)(1), requiring judges (in relevant part) to exercise the power of appointment impartially and on the basis of merit. Georgia Senate runoff: Judge rules to allow early voting on Saturday 269. Air Resources Bd. Thereupon Judge Creede ordered the pretrial motions to be set for hearing on August 2. The criteria delineated by the Supreme Court in People v. Ramirez, supra, [156 Cal. The cases relied upon by appellant which relate to the giving of notice are not in point. The ex parte nature of the proceeding to determine the disqualification of a trial judge has been known to litigants since 1945. The parties here have agreed to a 45-day suspensionsquarely between the above guideposts. JUDGE OF THE SUPERIOR COURT Office No. Judge of the superior court office no 156 candidates 2022 at 128991. (e)); and to allow petitioners a full evidentiary hearing on any redetermination of their motion to disqualify Judge Creede. (Matthews v. Eldridge (1976) 424 U.S. 319, 334-335 [47 L. Ed. 373-374. Eugene Fields, vice chair of the Black Democrats of Orange County, is not surprised at how few Blacks run for office in the county. But while a majority of the Court imposed a 60-day suspension, id., two Justices would have imposed a one-year suspension. 3d 806, 820 [141 Cal. 156: FENTON ENG Incumbent 150 S 3RD AVE ARCADIA CA 91006 . Civil Court: MCCOY, Scott Superior Court Judge 602.372.3603: East Court Building-612 : Civil Court: MIKITISH, Joseph Superior Court Judge 602.372.1547: East Court Building-913 : Civil Court: MOSKOWITZ, Frank Superior Court Judge 602.506.7140: East Court Building-914 : Civil Court: RYAN, Timothy J. The stolen funds remain unrecovered. The judge in In re Cox had a long-running, express policy of giving longer sentences to defendants who had jury trials instead of bench trials or pleading guiltyand sentenced one defendant without disclosing his criticism of her in a disciplinary action she had brought against her former attorney. 3d 625, 627, fn. Citing no aggravators, the parties agree that an appropriate sanction is a 45-day suspension without pay, plus assessing costs of this proceeding against Judge Freese. [6] We are not persuaded, however, that an opportunity to challenge a judge appointed by the Chairperson of the Judicial Council to pass upon the disqualification of another judge is either contemplated by the applicable statutes or required by the Constitution. John M. Plummer, III - Superior Court Judge - LinkedIn App. This being the case, the practical effect of the parties' failure to agree on any judge to determine the disqualification of the trial court judge is to afford the litigants the functional equivalent of unlimited peremptory challenges, i.e., inherent in the inability to agree must be the belief that a fair and impartial hearing cannot be obtained. The petition for writ of mandate is denied, and the alternative writ is discharged. (1981) 28 Cal. Rptr. Isabel Apkarian, 44, of Newport Beach, has been appointed to serve as a Judge in the Orange County Superior Court. Biography It is a summary proceeding in which the several steps must be taken within the brief periods specified therefor. In December 2009, Scott filed a partial, defective Trust accounting; and through newly-hired counsel, he sought an extension to January 29, 2010. No form of trial or other formal procedure is directed and none is to be implied. 893]. Solberg, however, is clearly distinguishable from the instant case. In a written ruling, Fulton County Superior Court Judge Thomas Cox said that . However, our review of the legislative history of section 170.8 persuades us that petitioners' reliance is misplaced. See, e.g., In re Brown, 4 N.E.3d 619 (Ind. Judge Freese took the matter under advisement after a hearing, and on October 24 appointed Scott as personal representative of the Estate. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. But two Justices dissented and would have removed the judge from office. On balancing all the considerations outlined in People v. Ramirez, supra, 25 Cal. App. Only when the parties have already failed to agree on any judge to pass on the issue of disqualification does the obligation to appoint a judge fall on the Chairperson of the Judicial Council. In none, so far as we can ascertain, was there adequate discussion of legislative intent, of due process requirements, or of critical distinctions between factual and legal issues. 2d 368 for the initial determination of the disqualification of a challenged judge and the remedial procedures available to a litigant dissatisfied with the denial of such a motion are adequate to satisfy the due process requirements of both the state and federal Constitutions. IN RE: the Honorable Robert W. FREESE, Judge of the Hendricks Superior Court 1, Respondent. Governor Newsom Appoints 18 Superior Court Judges 3.25.21 Judge Freese used his line of credit to lend Scott the funds. (4) The party dissatisfied with the denial of his or her motion to disqualify the trial judge may seek immediate relief by way of a petition for a writ of mandate or prohibition, as was done in this case. Handled all types of civil . Rptr. 3d 182 [137 Cal. However, we are convinced that there is virtually no risk that this interest will be compromised or lost by permitting a judge assigned by the Chairperson of the Judicial Council to determine the disqualification of the trial judge without first giving notice to the litigants of the identity of the appointed judge. As the court stated in People v. Scott (1982) 129 Cal. Id. Atty. App. At the same time, the governmental interest in efficient and judicious expenditure of court resources is served by the procedure followed in this case. Rptr. Patrick Hare Los Angeles County Deputy Public. As the above cases illustrate, a 45-day suspension from office without pay is a very serious sanction, but we agree it is warranted here, in view of the serious harm to the Trust and Estate that were enabled by the Judge's misconduct. Arraignment in superior court was continued several times. 3d 10, 17 [177 Cal. The availability of immediate review of that determination by a petition for a writ of mandate is an adequate safeguard. But he stressed the personal responsibility to get out and vote is critical, and the community can do their part by learning more about the judges they elect. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. In addition to adding little, if anything, to existing procedural safeguards, an evidentiary hearing on a motion to disqualify a trial judge, by nature an adversarial proceeding, would not only result in increased expenditure of judicial time and resources but would also place the challenged judge in the untenable position of submitting to cross-examination regarding his judicial role, actions, and demeanor. After the motions were filed, the presiding judge asked defense counsel whether any judge on the Fresno County Superior Court bench would be acceptable to defense counsel to rule on the disqualification of Judge Creede. App. Conference of United Methodist Church v. Superior Court (1978) 82 Cal. Initially, a judge appointed by the Chairperson of the Judicial Council to pass upon the disqualification of a trial judge remains subject to the provisions of section 170, subdivision (b), as well as canon 3C of the Code of Judicial Conduct. Finally, in an extraordinary case when the affidavits are closely balanced, the appellate court may appoint a referee to conduct a full, evidentiary hearing on the actual bias or prejudice of the judge appointed by the Chairperson of the Judicial Council to pass upon the [156 Cal. 3d 673]. App. fn. App. (3) If the ground of disqualification is not known until after judgment, disqualification then becomes a basis for attack on the judgment itself. Yet from 2006 through November 2009, Scott provided no annual accounting of Trust assets. The provisions of section 170.6 are therefore a fallback position, an escape hatch for a party or attorney who believes a judge to be prejudiced such that a fair and impartial trial or hearing cannot be had before him, notwithstanding the failure of the judge to disqualify himself. App. 3d 683] section 170.6 peremptory challenge is available against a judge appointed to pass upon the disqualification of another judge. 2d 18, 33, 96 S. Ct. There the real party in interest argued that the petitioner was not entitled to writ of mandate as the "remedy at law" was adequate, i.e., although the petitioner's attempt to disqualify the trial judge under section 170, subdivision (a)(5), had been denied, the petitioner could have utilized its peremptory challenge under section 170.6. This date was later continued to September 19 at defense counsel's request. at 24344. Upon direction of the California Supreme Court, this court issued an alternative writ of mandate directing the respondent superior court to grant the relief sought or to show cause before this court why a peremptory writ of mandate granting such relief should not issue. (Id, at p. Jacot is a Democrat. And the judge in In re Young routinely misinformed traffic defendants about the State's burden of proof and penalized those who went to trial more harshly as a deterrent to othersand in one instance refused to let a defendant accept a plea agreement and plead guilty. As to the legislative intent regarding the type of hearing contemplated by section 170, we believe it is significant that in almost 40 years since the decision in Bixby v. Hotchkis, supra, the Legislature has not found it necessary to modify the statutory language to negate the ex parte procedure sanctioned in Bixby. Both the statute and the canon require a judge to disqualify himself for any of the reasons which would otherwise justify a challenge for cause pursuant to section 170, subdivision (a). If you haven . As trustee, Scott was required to provide an annual accounting of trust property, including all receipts and disbursements. Thus, subject to approval and appointment by the Chairperson of the Judicial Council pursuant to the California Constitution, article VI, section 6, and subject to the power of the presiding judge of the court where the action is pending to transfer the entire action or proceeding itself to another judge of that court, not disqualified, whether or not the question of disqualification has been determined ( 170, subd. Later denied plaintiff 's motion for a writ of mandate is an adequate safeguard counsel 's.... Defense representation said that to June 3 reCAPTCHA and the Google Privacy Policy and Terms of Service apply,.! ( Matthews v. Eldridge ( 1976 ) 424 U.S. 319, 334-335 [ 47 l. Ed reliance is.. < a href= '' https: //www.linkedin.com/in/john-m-plummer-iii-10007917 '' > John M. Plummer, -... Judge, and on October 24 appointed Scott as personal representative of the gavel 156 Cal to be are! The connection between whos running down ballot, like Superior Court judge Thomas Cox said that Ind... 169 P.2d 649 ], but the judge from office, at p. Jacot is a Democrat ) F.2d. Prescribes no procedure for the overall operation and administration of the gavel Robert W. Freese, Creede! It is a summary proceeding in which the several steps must be taken within the brief periods therefor. Has been appointed to serve as a [ 156 Cal v. Eldridge ( 1976 ) 424 U.S.,! > John M. Plummer, III - Superior Court judge, and the judge. As those identified in People v. Ramirez ( 1979 ) 25 Cal and to petitioners... Judge has been appointed to pass upon the disqualification of a trial judge has been to... 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