I am honored to be a face of the court and make decisions for our community. In fact, it happens that the judge assigned, the Honorable Robert H. Kroninger, is one who has been repeatedly challenged under C.C.P. Section 170, subdivision (e), provides that the Chairperson of the Judicial Council is to appoint a judge to pass on the issue of disqualification only in the event that the parties are unable to agree upon a judge to make this determination. On balancing all the considerations outlined in People v. Ramirez, supra, 25 Cal. Nevertheless, the peremptory challenge is a creation of statute, lacking the constitutional underpinnings of a challenge for cause, and is not available in every conceivable judicial action or proceeding. 3d 933 [184 Cal. Conference of United Methodist Church v. Superior Court (1978) 82 Cal. (Matthews v. Eldridge (1976) 424 U.S. 319, 334-335 [47 L. Ed. "(Id, at p. The arraignment was continued to April 19, at which time petitioners refused to enter a plea and stood mute with counsel while the court entered a not guilty plea on their behalf. See, e.g., In re Brown, 4 N.E.3d 619 (Ind. Rptr. Rule 2.13(A)(1), requiring judges (in relevant part) to exercise the power of appointment impartially and on the basis of merit. Because section 170, formerly section 170.4, was enacted in basically its current form in 1927, no legislative history as such is available. On August 11, defense counsel filed his petition for writ of mandate/prohibition and a request for a temporary stay with this court. Albert Robles for Superior Court Judge | Cerritos Community News. 3d 687]. Its purpose would be undercut by now requiring petitioner to exhaust, in reality forfeit, that separate and distinct right before seeking vindication of the right to disqualify a demonstrably biased judge. (Pacific etc. Superior Court (1977) 19 Cal. All further statutory references are to the Code of Civil Procedure unless otherwise stated. (1981) 28 Cal. The sanction must be designed to deter similar misconduct and assure the public that judicial misconduct will not be condoned. Superior Court Judge 602.372.3081: East Court . Nor do we find that notice of the identity of the judge appointed by the Chairperson of the Judicial Council is required by due process to enable a party or his attorney to exercise a challenge for cause pursuant to the provisions of section 170, subdivision (a)(5). We find that Respondent, the Honorable Robert W. Freese, Judge of the Hendricks Superior Court 1, engaged in judicial misconduct by appointing an unqualified friend as trustee of a trust and personal representative of a related estate, failing to disclose the friendship or a financial relationship with the friend, and failing to act promptly when faced with mounting evidence of the friend's mismanagement and embezzlement of the funds entrusted to him. "I will unseat the judge in the June 7 primary based on a public admonishment she incurred in 2018." Discipline of Elswick 2009). He declared that, although he remembered the case in which the bail reduction request had been denied, he had not associated petitioner Henry Garcia with the defendant in that case until the identity was pointed out by defense counsel. About this office News and links Candidates You can vote for 1 of these 4 candidates. Seventeen days later, Judge Freese appointed Scott as trustee over the Herbert Hochreiter Living Trust in Trust of Herbert Hochreiter, No. ", [5] The purpose of section 170 is to insure that a party is given a fair and impartial trial; it is not intended to be a device by which one party can inordinately delay the judicial proceedings. At the third arraignment setting defense counsel filed a motion under section 170, subdivision (a)(5), to disqualify the arraignment judge, the Honorable Stephen Henry. This date was later continued to September 19 at defense counsel's request. 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. Charlene Jackson - Superior Court Judge - Maricopa County - LinkedIn Specifically, section 397, subdivision 4, provides that venue may be changed "[w]hen from any cause there is no [156 Cal. It does not appear from the record that notice of the time and place when Judge Westover would hear and rule upon the matter was not given. He replied that he did not know at that time and asked for and received a further continuance of the hearing on the disqualification motions and all pretrial motions to June 21. Arraignment in superior court was continued several times. She served as a judge pro tem and supervising probate attorney at the San Joaquin County Superior Court from 2015 to 2018. 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. While we are not unmindful of the possibility for egregious abuse of the process were a challenge for cause permitted against a judge appointed by the Chairperson of the Judicial Council to pass upon a challenge for cause leveled against another judge, ad infinitum, the possibility of abuse is not sufficient to foreclose the important [156 Cal. App. (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 . [1c] Taken together, the ex parte procedure discussed in Bixby v. Hotchkis, supra, 72 Cal. But Scott pleaded guilty in 2017 to federal charges stemming from his embezzlement, which took place from August 2007 through July 2011. (This remedy could have been sought by defense counsel in the instant case, especially in light of his statement to Judge Mardikian on June 21, 1983, that no judge of the Fresno County Superior Court was acceptable to rule on the subject of the disqualification or any other motion. The exercise of the peremptory challenge is strictly curtailed by the terms of the statute and by judicial interpretation. Beyond the hearing procedure itself, various other procedural safeguards exist to assure that the matter of the disqualification of the trial judge is itself properly determined and satisfies the requirements of due process. Id. Solberg, however, is clearly distinguishable from the instant case. In affirming, the court stated in part: "The ground urged for reversal of that order is that Judge Westover considered and ruled upon the charge of disqualification in the absence of, and without notice to, plaintiff's attorney. Candidate(s) Votes Percent; CAROL ELSWICK (N) 438,049: 69.34%: ALBERT ROBLES (N) 193,698: 30.66%: . 316, 599 P.2d 622] the court stated in part: "These cases disclose that the extent to which due process relief will be available depends on a careful and clearly articulated balancing of the interests at stake in each context . More specifically, identification of the dictates of due process generally requires consideration of (1) the private interest that will be affected by the official action, (2) the risk of an erroneous deprivation of such interest through the [156 Cal. Especially now, she said that experiences and backgrounds need to be reflected everywhere, including community leadership, by elected officials and within the judiciary. (Scott had also been a sheriff's deputy at the county jail.) ]. Governor Newsom Appoints 18 Superior Court Judges 3.25.21 App. The parties here have agreed to a 45-day suspensionsquarely between the above guideposts. Georgia Asks Court to Immediately Reinstate Abortion Ban Both interests are protected in a manner fully consistent with the requirements of due process. The dignitary interests 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 government official (People v. Ramirez, supra, 25 Cal.3d at p. 269) is satisfied in the instant case by the nature of the proceedings required by section 170 itself. 3d 683] section 170.6 peremptory challenge is available against a judge appointed to pass upon the disqualification of another judge. Procedure (2d ed. They dealt with situations in which there had been failure to comply with specific statutory requirements for notice." 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. 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. Because the petition for writ of mandate contemplated herein is intended to be remedial and therefore would follow an initial denial of one party's motion to disqualify the trial court judge, the aggrieved party can clearly make a better showing of the deprivation of a fair and impartial hearing than can a party seeking to show the possibility of such deprivation at the time of making the initial motion. (See, e.g., United States v. Navarro-Flores (9th Cir. A judge in Georgia on Friday ruled to allow early voting on November 26 in the state's US Senate runoff election.. 156. 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. Procedure (2d ed. 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). Id. This court denied the petition. Rptr. 3d 781 [171 Cal. I. Petitioners' right to an evidentiary hearing. 3d 673]. On May 13, defense counsel obtained a continuance of the motions date from Judge Creede over the objection of the People. Judge Creede had arraigned the petitioners and set the motion date for May 13. Prior to running for Seat #30, she had submitted an application for judicial appointment by the Governor, but while going through the process, her close friend and mentor, Judge Ospino, passed away. Continuing through 2009, Scott repeatedly disregarded the Judge's directives to file accountings in the Trust and Estate cases. Get the facts on the California candidates running for election to the Judge, Seat 151 Los Angeles County Superior Court Find out their top 3 priorities, their experience, and who supports them. 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. 816]. 460, 561 P.2d 1148] as authority for their premise that a [156 Cal. Often, the judicial information is not as easily accessed or as visible to the community as information on some of the higher-level city and county seats. 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. Judge Carol Elswick's bio shows how she got to the bench 29 years ago by appointment, and has never been confirmed by public vote yet, nor has she advanced her career beyond handling misdemeanors in a branch court. As a person of color and as a woman, I believe we need representation and diversity of backgrounds and experiences on the bench, said Bell in an email. (1 Witkin, Cal. Read More Testimonials Testimonials of Judges, Court Officers she has worked with & members of the public she has harmed. The Court orders that the Respondent, Robert W. Freese, shall be suspended from the office of Judge in the Hendricks Superior Court 1 without pay for forty-five (45) days commencing at 12:01 A.M. on July 8, 2019. At no point during the Solberg proceedings were the parties faced with the necessity of agreeing upon a judge to pass upon the disqualification of another judge challenged for cause nor, alternatively, was the Chairperson of the Judicial Council compelled to intervene upon the failure of the parties to so agree. (Id, at p. (Code Civ. On April 27, 2022, the United States Senate confirmed President Joe Biden's nomination of Los Angeles County Superior Court Judge Sherilyn Peace Garnett to serve as a federal district judge for the United States District Court for the Central District of California. The criteria delineated by the Supreme Court in People v. Ramirez, supra, [156 Cal. But we agree it is appropriate here. She served as Senior Deputy Public Defender at the Orange County Public Defender's Office from 2003 to 2020. 2 If the course of proceeding be not specifically pointed out by code or statute for the exercise of jurisdiction, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of the code. 3d 677] to a statement of disqualification denying the allegations: "(e) No judge against whom a statement of objection or disqualification has been filed pursuant to this section, shall hear or pass upon any question of fact or law concerning his or her disqualification or the statement of objection or disqualification filed against the judge, but in every such case, all the questions concerning the judge's disqualification shall be heard and determined by some other judge agreed upon by the parties who shall have appeared in the action or proceeding, or, in the event of their failing to agree, by a judge assigned to act by the Chairman of the Judicial Council, and, if the parties fail to agree upon a judge to determine the questions of fact and law pertaining to the disqualification, within five days after the expiration of the time allowed herein for the judge to answer, it shall be the duty of the clerk then to notify the Chairman of the Judicial Council of that fact, and it shall be the duty of the Chairman of the Judicial Council forthwith, upon receipt of notice from the clerk, to assign some other judge, not disqualified, to hear and determine these questions and each of them. App. Nor are we persuaded that petitioners are entitled to exercise their peremptory challenge against a judge appointed by the Chairperson of the Judicial Council to decide the disqualification of another judge by the failure of the language in section 170.6 to exclude the proceeding at issue herein or by the liberality with which that statute is to be construed. 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. The availability of immediate review of that determination by a petition for a writ of mandate is an adequate safeguard. Our precedent illustrates that suspensions longer than 30 days reflect extremely serious judicial misconduct, just shy of what might warrant removal from office. 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. The procedure on which we rely permits a party who believes he has been aggrieved by the decision of an appointed judge on the issue of disqualification because of that judge's actual bias or prejudice against him to immediately file in the appellate court a petition for a writ of mandate. John K. Van de Kamp, Attorney General, Gregory W. Baugher and Thomas Y. Shigemoto, Deputy Attorneys General, for Real Party in Interest. To subscribe or advertise, call 909.889.0597, Michele Bell Seeks OC Superior Court Judge Seat 30. Click here to read the survey answers. Rptr. ", [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. More recently, a judge repeatedly delayed post-conviction cases by failing to organize the files or review his commissioner's ordersin one instance, prolonging a prisoner's incarceration by nearly two years. (See, e.g.,Kaufman v. Court of Appeal, supra, 31 Cal. 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. As the court stated in People v. Scott (1982) 129 Cal. (Opinion by Hamlin, J., with Andreen, Acting P. J., and Woolpert, J., concurring.). 44]. (3) If the ground of disqualification is not known until after judgment, disqualification then becomes a basis for attack on the judgment itself. (2).) (People ex rel. 3d 260support such a conclusion. 3d 680] judge of the court qualified to act." One unbelievable abusive practice of this judge was remanding defendants to jail without proper hearings or defense representation. 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. As discussed with regard to Bixby v. Hotchkis, supra, 72 Cal. Los Angeles County Superior Court Judge Miguel Espinoza holds video arraignments in his nearly empty courtroom at the Clara Shortridge Foltz Criminal Justice Center amid COVID-19 restrictions in 2020. 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. (f); see also Donovan v. Superior Court (1952) 39 Cal. 1970) Courts, 82, p. 359 ["The statute prescribes no procedure for the summary determination by the other judge. App. 32D01-9710-TR-000003. Solberg, however, is clearly distinguishable from the instant case. v. Superior Court (1981) 125 Cal. Andreen, Acting P. J., and Woolpert, J., concurred. Rptr. 2011). Governor Newsom Appoints 4 Superior Court Judges fn. App. Los Angeles County Superior Court - Judge, Seat 151 2d 368 [164 P.2d 808] the court considered the appeal of a plaintiff based in part upon a denial of his motion to disqualify a judge from ruling upon plaintiff's motion for a new trial. They'll only appear on your ballot if someone challenges their seat at the end. Michele Bell Seeks OC Superior Court Judge Seat 30 2d 689, 697 [169 P.2d 649]. He said the community needs to vote up and down the ballot. Air Resources Bd. On January 13, 2005, they executed and recorded a mortgage in that amount, and Scott gave the Judge a promissory note. 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. The suspension shall terminate and the judge shall automatically be reinstated to office at 12:01 A.M. on August 22, 2019. 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. Affording either litigant at that point the right to exercise a peremptory challenge pursuant to the express provisions of section 170.6 is an unnecessary redundancy and not an entitlement mandated by due process. In People v. Ramirez (1979) 25 Cal. IN RE: the Honorable Robert W. FREESE, Judge of the Hendricks Superior Court 1, Respondent. 373-374. Superior Court - Arizona Judicial Branch While this, in itself, would be a sufficient ground for affirming the order [citation omitted], we do not adopt it, for the reason that to do so would imply that notice is necessary. ), 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. In concluding that the provisions of section 170 were not applicable to the disqualification of appellate court judges, the court stated in part: "The record in this case demonstrates, we believe, that the diverse problems of appellate disqualification are too comprehensive and too complex for effective procedural rule making by courts, including this court." The matter is before us on the Indiana Commission on Judicial Qualifications' (Commission's) Notice of the Institution of Formal Proceedings and Statement of Charges against Judge Freese. If the petition and supporting affidavits make a prima facie showing of bias as well as the deprivation of a fair and impartial hearing, and the petition is uncontroverted, the appellate court should grant the petition and issue its writ setting aside the denial of the motion to disqualify the trial court judge. 3d 625, 627, fn. 2009). Proc., 187.) 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."].) 29-1-16-3 (emphasis added). 3d 678] appointed by the chairman of the Judicial Council has only to decide the question of disqualification and the manner in which he goes about it is left to his discretion. Subjectively, the Judge trusted Scott, as his loan shows. ), [1b] With the principles of due process in mind, we examine petitioners' contention that, in failing to afford them a full evidentiary hearing on their motion to disqualify Judge Creede, their constitutional rights were somehow impinged. The municipal court judge in Solberg declined to accept peremptory disqualification upon the ground that she had earlier determined identical issues of law and fact in similar, although unrelated, proceedings. In other words, the bias or prejudice must be 'sufficient to impair the judge's impartiality.' 92: GREGORY DOHI Superior Court Judge GREGORY DOHI Superior Court Judge N: E: 1/14/2022 . To determine whether a particular procedure is sufficient to satisfy those constitutional guarantees, the court is similarly required to analyze the governmental and private interests affected. After numerous and lengthy delays, petitioners were held to answer in superior court on February 8, 1983. Copyright 2022, Thomson Reuters. 1980) 615 F.2d 722, 723. Thus the right of real parties in Solberg to peremptorily challenge the superior court judge assigned in the mandate action does not support petitioners' contention herein that they are entitled to similarly disqualify a judge appointed by the Chairperson of the Judicial Council to pass upon the disqualification of the trial judge. May 2014 - Mar 20183 years 11 months. 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. But the Judge's misconduct ultimately enabled a massive theft. 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.. Moreover, counsel does not explain why his motion was hastily prepared. 2022 Judge Elswick LA 2022 Mop Up Project 2d 18, 33, 96 S. Ct. The appellate court rejected this argument and stated in part: "[P]olicy and sound reason dictate against requiring that a party exhaust the right to disqualify a judge peremptorily (Code Civ. We recognize, of course, that section 170.6 guarantees an important right to any litigant, specifically, to challenge a trial court judge based upon the litigant's sworn belief that he cannot obtain a fair trial before the assigned judge. Robles is on the ballot in the primary on June 7, 2022. (Solberg v. Superior Court, supra, 19 Cal.3d at p. Federal charges stemming from his embezzlement, which took place from August 2007 through 2011. Judges, judge of superior court no 156 Officers she has harmed what might warrant removal from.. Ex parte procedure discussed in Bixby v. Hotchkis, supra, 72 Cal 1970 Courts. 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