SAN FRANCISCO: Judge won't give Ross Mirkarimi oath amid inquiry

San Francisco Chronicle ^ | 1/8/12 | Phillip Matier, Andrew Ross, Chronicle Columnist

[SmithL]

The ongoing investigation into allegations of domestic violence against incoming Sheriff Ross Mirkarimi has prompted Superior Court Judge Katherine Feinstein to withdraw from administering his oath of office.

Feinstein, who had been invited to administer the oath today at the ceremony at the Herbst Theatre, said in an e-mail Saturday that "given that there is a pending investigation, and the possibility that a case might be brought before our court, I did not want to create a potential legal conflict in the future."

Feinstein is one of many city officials who suddenly find themselves walking a legal and political tightrope as a result of a neighbor's call to police alleging that Mirkarimi, a longtime progressive supervisor, had grabbed and bruised wife Eliana Lopez's arm during a heated argument over the New Year's weekend.

"Everyone involved in this case, from the police to the district attorney, are going to be getting it from both sides," said former police commissioner and Golden Gate Law School Dean Peter Keane.

"If they appear overeager to charge, they are going to look like they are trying to take Mirkarimi down politically," Keane said. "On the other hand, they can't do anything that may appear like they are trying to protect him, either."

[SmithL]

Superior Court Judge Katherine Feinstein says she wants to avoid a potential legal conflict.

[ChildOfThe60s]

Superior Court Judge Katherine Feinstein says she wants to avoid a potential legal conflict.

I was unaware that judges in California cared enough about the law to consider that.

My impression of them is that the law comes from a Lewis Carroll novel. Means what they want it to mean on the day they quote it.

[Michael.SF.]

Sounds like this could also be a presumption of guilt until proved innocent. Increasingly we see this with selected crimes or charges;Child abuse and racism come immediately to mind.

[Navy Patriot]

LOL! I'd have to research Kate Feinstein to find out whether this has a smidgen of ethics to it or if she's just a leftist, femanazi, man hating broad, operating as normal.

[SmithL]

Daughter of a US Senator

[Navy Patriot]

No ethics involved, Katherine Feinstein Mariano, daughter of noted Elite Socialist and wacko leftist Dianne Feinstein, won't use her married name and rode the nepotism elevator through the (state's most ineffective) DA's office (like mom) to the San Francisco Superior (?!) Court. No conflicts here, LOL!

She's the postergirl for the 99% of lawyers that make the rest of 'em look bad.