The plaintiff in a civil case against county government
officials could be dealt either disappointment or victory at a
court hearing today.
Superior Court Judge Harry Tobias is expected to make several
crucial decisions at the 10 a.m. hearing. Likely up first, he will
announce whether to accept the county’s recent request for his
removal from the case.
The plaintiff in a civil case against county government officials could be dealt either disappointment or victory at a court hearing today.
Superior Court Judge Harry Tobias is expected to make several crucial decisions at the 10 a.m. hearing. Likely up first, he will announce whether to accept the county’s recent request for his removal from the case.
If he stays on the case, he would then rule on a motion by the county’s lawyer to have the lawsuit thrown out, and then whether the plaintiff’s lawyer Michael Pekin can proceed with sworn testimony of 15 public officials.
Pekin on Monday questioned why the request to recuse Tobias occurred only recently – after three previous hearings since December.
“I remain totally surprised that the county places so little value on their own judiciary,” Pekin said.
County lawyer Nancy Miller first sent a letter on the matter to Tobias on Feb. 5. At the time, she was asking for his recusal based on comments Pekin made during the most recent hearing Feb. 3. There, Pekin referred to knowing Tobias for years, and how they maintain a professional relationship.
Days later, Miller also cited Tobias’ relationship with the No on Measure G campaign as further reasoning that an out-of-town judge should preside over the case.
Miller, according to court documents, claimed she didn’t know about Tobias’ relationship with the No on Measure G campaign until Feb. 10, when she was informed by County Counsel Karen Forcum.
The judge is the brother of Tom Tobias, a vocal member of the committee against the controversial ballot measure. Tobias also donated $1,000 to the No on Measure G campaign, according to Elections Office records.
Miller did not return phone calls made to her cell phone Monday.
She has claimed Pekin is trying to have the case heard before the March 2 election, an alleged attempt to sway votes on the measure.
Pekin said he believes Miller and the county purposely waited to request the judge’s recusal to delay the proceedings until after the election.
“The county (officials) are the people who tell their lawyer, ‘Gee, we the county are surprised that Tom Tobias and Harry Tobias show a connection on Feb. 10, 2004,'” Pekin said.
In her request, Miller suggested the county obtain Santa Cruz Judge Robert Yonts. As a visiting judge, he ruled on a previous civil case Nov. 19 involving the measure and many of the allegations coming from Pekin’s side.
The suit – filed by resident Juan Monteon in December – includes five allegations of corruption against county officials and all five supervisors. It cites an ongoing probe by Salinas private investigator Dave Henderson, whose services were commissioned by an anonymous group of residents calling themselves Los Valientes – “the brave ones” in Spanish.
Among the allegations, Henderson concluded supervisors violated the state’s open meetings law by illegally helping authors draft Measure G in late 2002, then called the Growth Control Initiative.
If Tobias does not remove himself from the case or throw it out altogether, Pekin would likely get his opportunity to take depositions, or sworn testimony, from county officials.
Those set to be deposed in the next week include all five supervisors, five sheriff’s deputies, the sheriff and four other senior officials.
