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.first and he is there after this hearing concluded. 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."

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 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. 

10:11: More details will be added as I have time throughout the day. There are other cases, news and I have other priorities. Most people just read the basics.