Since 2018, the Humboldt County DA disqualified Judge Neel 131 times

There is a prima facie hearing in the Daryl Jones case this morning on the Humboldt County District Attorney's decision to disqualify Humboldt Superior Court Presiding Judge Kelly Neel.

8:32 a.m. Senior Deputy District Attorney Rees went into Courtroom 3 for the Atkins case briefly since that case is on at the same time. That we waited for Conflict Counsel Supervising Attorney Meagan O'Connell. At 8:37, the hearing proceeded. For those who want the summary, DA lost to Ms. O'Connell. The highlights are since 2018, the DA disqualified and filed a 170.6 Judge Neel 131 times. I covered a lot of what was said in arguments in previous posts in detail. Read the June 16 post because it has most of what Mr. Rees, Ms. O'Connell said in court and the case Humboldt Superior Court Assistant Judge Timothy Canning referenced. I reported on this blanket disqualification in 2023.

Prima facie hearing for mental health diversion is scheduled on 7/31 in front of Judge Neel at 8:30 a.m. If it goes to a contested hearing, it will be on the 2:30 calendar that afternoon.

No court reporter was available and today's hearing was recorded. 

For those who want more details, Ms. O' Connell said the DA's decision to disqualify Judge Neel was a "bad faith blanket challenge. The data I could obtain in such a short time shows the number of 170.6's since Judge Neel took the bench." Ms. O'Connell said this number was compared to other judges who are assigned to criminal cases all the time such as Judge Kaleb Cockrum and Judge Lawrence Killoran. 

"Since 2018, the DA challenged Judge Neel 131 times without her being in criminal assignment," said Ms. O'Connell. "That rises to blanket challenge. She has been relegated to non criminal assignment. This presents minimum prima facie showing."

"We haven't seen the data," said Mr. Rees. "There is no showing to the Court when the 131 challenges were made or how recently. Ms. O'Connell handed me something just now." 

Mr. Rees asked to look at the paperwork. "I am looking at this data. There was one challenge in 2026, two challenges in 2025. There is no information when Judge Neel filled in for other criminal calendars. The People appear in front of Judge Neel daily in juvenile cases. We haven't disqualified her."

"I am talking about adult criminal cases," said Ms. O' Connell. "Judge Neel in 2025 and 2026 is not hearing adult criminal cases. 131 170.6 in adult crininal cases is what this case relates to. The Court said it would take me a month to get percentages.  For today's purpose, this is in support of that, it is more judge shopping, not for the purpose of 170.6"

Judge Canning mentioned J.O. vs Superior Court. I went into detail on that ruling in the June 16 post. "Based on the document and Ms. O'Connell's representation, the Court finds defendant has made prima facie burden. The 170.6 issued against Judge Neel was exercised in bad faith. The DA has to show that Judge Neel is prejudiced and give a specofic explaination."

Mr. Rees went into a brief explaination about the 170.1 and why it was not filed and why the 170.6 was filed. I covered all this in my previous coverage and by my own research in e court. Read the June 16, June 4, June 2 and May 28 post.

Ms. O'Connell pointed out that what Mr. Rees said about Judge Neel, "the prejudice would be against Mr. Jones. We have not disqualified Judge Neel."

Again, I was in court when Judge Neel made a disclosure and why she did not recuse herself. Read the previous posts.

"It does appear that the 170.6 issues relate more to the defendant," said Judge Canning. He ruled that there was prejudice against Judge Neel.

Ms. O'Connell and I disagree on a lot, Mr. Rees and I agree on a lot but in this case, Ms. O'Connell is correct. Mr. Rees and other Deputy DAs have to argue what is an unfortunate position made by the office. We will never know who made the decision and who was involved but the buck stops at the top. I do not always agree with any judge's rulings but Judge Neel is the only one who has experience in criminal, civil, family and she worked at Humboldt County Counsel. I respect her lot and her management style. It is time for her to hear criminal cases again. Anyone can call the juvenile calendar.

I reported on this blanket disqualification in 2023 and I have observed the disqualifications in real time. There was a period where the public defenders did this to Judge Cockrum so "judge shopping" is done by both sides. Humboldt gets so personal where they cannot separate the person from the job. I get that the DA and defense attorneys are different parts of a criminal justice system. I do not want Daryl Jones to get mental health diversion but in Humboldt Superior Court and with California laws, who hears the mental health diversion will not make a difference unless a Humboldt Superior Court decides to take advantage of AB 46 which California Governor Gavin Newsom signed into law. Judges have the discretion to deny diversion if there is concern for public safety.

Court minutes are not supposed to be even as detailed as this but these court minutes are done by the criminal court clerk supervisor.

There is still a difference between live coverage and court minutes and my coverage versus that of other media because it has 12 years of observation and experience of covering Humboldt courts and experience.