Aug 26, 2023

So Judge Kreis being out of town for the nth time is a reason to for the court clerk to reject a 170.3 recusal in County vs former Deputy Counsel lawsuit?

 


On 8/25, there was a hearing  in the lawsuit filed by County of Humboldt against Cathie Childs. The preliminary injunction was continued to 9/29. After Judge Timothy Canning denied the County injunction and TRO, Humboldt Presiding Judge Gregory Kreis decided to assign the case to himself. I reported on this previously.

I am not going to rehash all the posts about Judge Gregory Kreis being the Humboldt Judge most diqualified by Public Defenders, private attorneys, the lawsuit against him, the decisions overturned by appeals and the numerous examples he refuses to disqualify himself. On 8/25, if his tentative decision is that he is already going to deny the 170.3 recusal, then why ask Mr. Dustin Owens to file it? Is it Mr. Owens' fault that Judge Kreis was out of town? When is he around? He just came back from vacation and is supposedly going to be gone again in October. Kreis is up for re-election next year. There have been other Judges subbing in for Kreis when he is gone for other reasons. He is a waste of taxpayer dollars, a disgrace as a Judge, unprofessional, has rulings overturned and appealed and drunk with power. If this is how he treats attorneys, how do you think he deals with pro per clients?

I don't care if he leaves, he is voted out, removed or all the above. Humboldt deserves better and the taxpayers need their money's worth of his $260,000 salary. No one, so far has the guts to run against him. The campaign would be aslam dunk but the person has to be willing to put in the time and effort.

Kreis is the same Humboldt Judge who took it upon himself to release a grand jury report in an election year reversing previous policy. That report was about former Auditor Controller Karen Paz Dominguez. 






California Code, Code of Civil Procedure - CCP § 170.3

(a)(1) If a judge determines himself or herself to be disqualified, the judge shall notify the presiding judge of the court of his or her recusal and shall not further participate in the proceeding, except as provided in Section 170.4, unless his or her disqualification is waived by the parties as provided in subdivision (b).

(2) If the judge disqualifying himself or herself is the only judge or the presiding judge of the court, the notification shall be sent to the person having authority to assign another judge to replace the disqualified judge.

https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-170-3/

 Interesting that after my post on 8/26, Judge Kreis entered a response on 8/28. His response starts out by quoting that he is aware of California Civil Code for recusal but then in typical defiant little Napolean mode, he goes on to state that the fact that Ms. Cyndy Day-Wilson initially represented Rory Kalin who is suing him has no bearing on his ability to be fair and impartial. 

8/25 Court minutes:


8/28 Kreis response:




Previous posts:

https://johnchiv.blogspot.com/2023/08/county-and-snarky-sacramento-attorneys.html?m=1

https://johnchiv.blogspot.com/2023/06/county-request-for-injunction-and-tro.html?m=1#more


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