Benjamin Carter's jury trial could have been heard in Courtroom 5 by Presiding Judge Joyce Hinrichs but Carter's attorney, Mr. Michael Acosta said he wanted Judge Hinrichs disqualified, according to Penal Code 170.6
From a site on judicial disqulification in California:
http://www.cce-mcle.com/tests/ss6005b.htm
"California has adopted a detailed statutory framework for determining whether a judge should be disqualified in a particular circumstance. Pursuant to this framework, two basic methods exist by which a party may seek to disqualify a California judge: he may either challenge the judge for cause-- pursuant to C.C.P. Secs. 170.1 through 170.5--or file a peremptory challenge--pursuant to Sec. 170.6."
"Section Sec. 170.6 may be invoked in either a civil or criminal action. "
"While Sec. 170.6 theoretically does not entitle a litigant to select the judge whom he wishes to appear before--but only to disqualify a judge whom he genuinely believes to be biased,--a party who moves for disqualification under Sec. 170.6 need not provide the court with a factual basis for its belief that the judge is biased."
In response to this post yesterday, http://johnchiv.blogspot.com/2015/07/people-make-offer-of-four-years-to-be.html, District Attorney Maggie Fleming told me today today's trial assignment calendar was called, that misinformation had been provided regarding the People's offer and that she wanted to correct the information.
On record in court, Ms. Fleming told the Judge that there has been "no other offer" made in the defense case. The People's offer "has always been that Mr. Carter plead to the remaining count and admit the prior strike and a six year term."
Carter is still determined to have his day in court. Due to courtroom availability, his jury trial is now scheduled for July 13. Trial Assignment is on July 10 at 8:30.
As could be inferred from your research, a criminal defendant could be said to get one free disqualification of a judge under 170.6 It is not unusual for a lawyer to invoke this section. Disqualifying a 2nd judge requires actual cause, and is quite a bit more difficult. It is seldom done.
ReplyDeleteThanks Ed, for your comment. I am familiar with the rules and laws and often cite sites.
ReplyDeleteThat is not the usual site I use but it's good in a pinch. I am glad you clarified.
Both sides get 1 free disqualification. Typically defendants are more likely to exercise that right than the prosecutor in a criminal case.
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