Posted on 06/14/2016 5:42:03 PM PDT by jazusamo
PALO ALTO, Calif. — A Northern California prosecutor has removed the judge targeted for recall because of his handling of a campus sexual assault case from hearing a new sexual abuse case.
Santa Clara County District Attorney Jeff Rosen on Tuesday removed Judge Aaron Persky from presiding over a hearing to determine if a former nurse should stand trial on charges of sexually abusing...
(Excerpt) Read more at washingtontimes.com ...
How does a DA have the power to remove a judge?
Reprehensible Judge but we all should be worried if the government is deciding on the judge for cases. That’s not how this works.
Not sure, but it’s not like they weren’t showing a certain far-left bias the first time around.
I was wondering the same thing. Great question, I’d be surprised if it really works like that.
I don’t know but I’d imagine the outrage and the move to recall this judge because of a similar case and the fiasco of his sentence had something to do with it.
This is crap.
Even in a screwed up laughingstock place like Santa Clara County, the DA doesn’t have any such power.
At best he requested this and the presiding Judge granted the change.
Another article with more info:
Aparrently it does - peremptory challenge was made
Recusal
The prosecutor did not “remove” the judge, and did not “recuse” the judge. The prosecutor probably filed a motion (a single sheet of paper about a paragraph long) under Code of Civil Procedure Section 170.6 (no cause needed) and “disqualified” the judge. You can do it once per case.
Ok, there’s due process then. The first article in the original post made it sound as if the DA got to pick the judge, not ask another Judge to take him off. I’m down with this now.
Do both sides have that right?
Yes. I was actually going to point out that the statute I cited CCP Section 170.6 was under civil procedure, not criminal procedure, which made me question whether it would apply in a criminal trial, but by its own language it applies to both.
Each side gets one free shot.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.