"We are on hiatus until we hear from the California Judicial Council"

 

Deputy Conflict Counsel April Van Dyke  filed motions to dismiss the jury, recuse the judge for prejudice and recuse the District Attorney's office in the Jason Smith trial. 

The California Attorney General is planning on filing a motion to oppose the recusal of the Humboldt County DA, Deputy District Attorney Trent Timm told Judge Kaleb Cockrum.

"We are on hiatus until we hear from the California Judicial Council " said Judge Cockrum.

"Until, we get word from the California Judicial Council, " said Judge Cockrum, he plans to schedule the case tomorrow in Courtroom 2 so attorneys have one less courtroom to juggle.

https://www.shouselaw.com/ca/defense/process/motion-to-recuse-judge/

Previous posts:

Findlaw.com: "(a)(1) Notice of a motion to disqualify a district attorney from performing an authorized duty shall be served on the district attorney and the Attorney General at least 10 court days before the motion is heard.  The notice of motion shall contain a statement of the facts setting forth the grounds for the claimed disqualification and the legal authorities relied upon by the moving party and shall be supported by affidavits of witnesses who are competent to testify to the facts set forth in the affidavit.  The district attorney or the Attorney General, or both, may file affidavits in opposition to the motion and may appear at the hearing on the motion and may file with the court hearing the motion a written opinion on the disqualification issue.  The judge shall review the affidavits and determine whether or not an evidentiary hearing is necessary.  The motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial.  An order recusing the district attorney from any proceeding may be reviewed by extraordinary writ or may be appealed by the district attorney or the Attorney General.  The order recusing the district attorney shall be stayed pending any review authorized by this section.  If the motion is brought at or before the preliminary hearing, it may not be renewed in the trial court on the basis of facts that were raised or could have been raised at the time of the original motion."

https://johnchiv.blogspot.com/2021/03/jurors-sent-home-in-hoopa-resident.html?m=1

https://johnchiv.blogspot.com/2020/08/hoopa-and-willow-creek-residents-booked.html?m=1#more