Hearings have ceased in a San Francisco courtroom after prosecutors challenged Judge Michelle Tong's assignment. Since her reassignment on Monday, no cases have been heard, as every prosecutor in the courtroom issued challenges against her. The District Attorney's actions have raised concerns about potential judge-shopping and violations of judicial independence. Defense attorneys argue that this practice undermines due process and the separation of powers. Legal challenges are calling for accountability as the scope of these disqualifications remains under scrutiny amidst ongoing discussions about proper judicial conduct.
"Every single case that was in Department 12 yesterday had a challenge," said Rose Mishaan, a private defense attorney who filed an objection to the practice on Monday.
Judge-shopping is a legal but frowned-upon practice whereby litigants seek judges they think will rule on them favorable.
Mishaan wrote that the rejection of Judge Tong violated the separation of judicial and prosecutorial powers, as well as her client's right to due process.
The DA's action could allow prosecutors to force a change of judge without providing evidence of prejudice.
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