Is DA 'Turning the Scalpel of Recusal Into a Chain Saw'?
About two months ago, a California state-court judge not only freed a convicted child molester but accused the assistant Santa Clara County district attorney on the case of testifying falsely about the evidence.
After that, what had been a somewhat strained relationship at the San Jose courthouse between Judge Andrea Bryan and District Attorney Dolores Carr became openly hostile as Carr’s office began routinely filing peremptory challenges in every case to which Bryan was assigned, the New York Times reports.
“If this is taken to its logical conclusion, you are talking about criminal defendants’ appearing before the judge chosen by the DA,” says James Sample, a law professor at Hofstra University. “It’s turning the scalpel of recusal into a chain saw to undermine judicial independence.”
Bryan declines to comment. Says Carr: “Our aim is to have our cases heard by a judge who will give us a fair shake.”
Additional coverage:
ABAJournal.com: “DA Calls for Boycott of Judge”
New York Times: “Legal Links”
