A motion to consolidate both of Rory Kalin's lawsuits against Humboldt Superior Court Judge Gregory Elvine-Kreis was scheduled this morning.
One of the lawsuits also includes Public Defender Marek Reavis, Deputy Public Defender Luke Brownfield and County of Humboldt. A demurrer filed by the County co-defendants scheduled for May 21 was rescheduled to May 26 due to Mendocino County Judge Ann Moorman being unavailable. A California Judicial Council meeting is being held that day.
Kalin's attorney, is Mr. Jonathan Hornberger. Judge Elvine-Kreis' attorney is Mr. Patrik Griego. Ms. Melissa Currier is representing all County defendants.
Plaintiff's motion to consolidate was granted by Judge Moorman due to non opposition.
A request by Elvine-Kreis for Kalin to bear cost for his and his wife's additional deposition was taken under submission by Judge Moorman.
Mr. Hornberger argued that "Mr. Griego has to take the deposition regardless so it is a moot point."
Judge Moorman asked Mr. Hornberger, "I am not sure what you mean by moot?
Mr. Hornberger said depositions were taken in the first case. The County of Humboldt needs to take deposition of Elvine-Kreis who is also the defendant in the second case and therefore it is moot.
Mr. Griego tried to argue points already ruled on by Judge Moorman about discussions between him and Kalin's former counsel.
"Plaintiffs can add additional counts," said Mr. Griego. "If there is need for additional deposition; they need to bear the cost. They chose how to proceed. It should not be on my client's dime."
"Mr. Griego made my point for me," said Mr. Hornberger. "
"Do you have any intention to join the County defendant's deposition?" Judge Moorman asked Mr. Griego.
"Yes," said Mr. Griego.
Judge Moorman asked Mr. Griego about the cost to his client. Mr. Griego estimated 5 hours at $400 an hour.
"My view is that this would be taking a supplemental deposition on claims in the second case," said Judge Moorman. That would be a benefit to the County defendants taking a deposition.
Mr. Hornberger agreed with Judge Moorman.
"It is difficult to formulate an order on estimates," said Judge Moorman.
Judge Moorman took this matter under submission until depositions are completed. Judge Moorman will look at the rules of court, research on deposition cost and "probably portion some of the cost."
Judge Moorman made a disclosure about the Presiding Judge, Humboldt Superior Court CEO and Elvine-Kreis at a business dinner and conferences where other Humboldt Judges were also present. She said while it was not a basis for disqualification, she wanted to make the disclosure. They just attended the same conference a few times and dinner and were not in any breakout groups together.
There are other Humboldt Superior Court Judges who are definitely more qualified and they are not facing serious allegations and scandals regarding an affair with a female staffer who works for the courts. So why is Elvine-Kreis the Assistant Presiding Judge for Humboldt Superior Court?
Elvine-Kreis does not even know what Bates numbering is and he is a Judge. Whatever political connections led to his appointment, the Kalin lawsuits have received national attention. This year the Newson recall is putting scrutiny on the state's failures, incompetence and corruption and that includes the courts.
Is drinking with Public Defenders on a boat and schmoozing with other Judges at conferences and dinners qualifications for being an Humboldt Assistant Presiding Judge? Who is paying for the Humboldt Presiding Judge, Assistant Presiding Judge and Humboldt Superior Court to attend these conferences and hosting dinners?
Mr. Griego's office is across the Courthouse. There is going to be an additional deposition. So what cost is Elvine-Kreis whining about? Long before I started this blog, in this small town, I have seen many of the attorneys and Public Defenders socializing. In a small town, being a public figure or being recognized allows for no privacy. How you act, conduct yourself and professionalism matters. As a Judge, judgement is crucial.
The last date scheduled this was continued last minute. There was no livestream. Once again, there was no livestream today with the case was scheduled at 10 a.m. Livestream was finally turned in at 10:12. Given that this case involves a local Judge with serious allegations, Humboldt Superior Court needs to get their act together about livestreams and transparency in general and not just in this case.
As far as we know, the state is reopening by June 15. Local government offices and the local courts have used COVID 19 to deny public access and transparency is debatable. Remote proceedings have made access more difficult.
If you have not been following the regular coverage on this blog, you can catch up via the previous and recent posts.
Previous post:
https://johnchiv.blogspot.com/2021/04/motion-to-vacate-or-continue-trial-date.html?m=1#more
Recent posts:
https://johnchiv.blogspot.com/2021/02/will-rory-kalin-get-fair-coverage-and.html?m=1
https://johnchiv.blogspot.com/2021/02/i-am-inclined-to-deny-it-on-all-grounds.html?m=1
https://johnchiv.blogspot.com/2021/01/instead-of-county-counsel-sacramento.html?m=1
https://johnchiv.blogspot.com/2020/12/no-appearances-by-attorneys-or-parties.html?m=1
https://johnchiv.blogspot.com/2020/11/rory-kalin-files-another-lawsuit.html?m=1
https://johnchiv.blogspot.com/2020/10/private-mediationdepositions-and-motion.html?m=1
Related posts:
https://johnchiv.blogspot.com/2021/04/are-you-back-from-aa-yet-and-castaway.html?m=1
https://johnchiv.blogspot.com/2021/03/if-this-is-just-gossip-about-judge-why.html?m=1
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