November 29, 2009
The Importance of, and Ways to Avoid, an Independent Judiciary
Today's San Diego Union-Tribune has the story:
San Diego Superior Court Judge John Einhorn, who has presided over many high-profile cases, including the Bird Rock Bandits trial and Cynthia Sommer saga, is under a boycott from the District Attorney’s Office.
For about two months, Einhorn has been under a “blanket challenge” by the prosecutor’s office. That means any time a case is assigned for trial to Einhorn, prosecutors use a legal tactic called a peremptory challenge to block the case from going to the judge.
Under the law, each side has one such challenge when assigned a judge. They do not have to state a reason for doing so. The case then gets assigned to another judge.
When asked Wednesday about the boycott, District Attorney Bonnie Dumanis issued a one-paragraph statement in which she called Einhorn a “well-respected jurist” but did not say what he had done to earn her office’s enmity.
November 29, 2009 | Permalink