The county’s hired lawyer
– citing concerns of a potential conflict – has requested the
judge presiding over a civil case against local officials remove
himself.
Representing San Benito County, lawyer Nancy Miller recently
sent a letter to Superior Court Judge Harry Tobias asking that an
out-of-county judge take his place.
The county’s hired lawyer – citing concerns of a potential conflict – has requested the judge presiding over a civil case against local officials remove himself.
Representing San Benito County, lawyer Nancy Miller recently sent a letter to Superior Court Judge Harry Tobias asking that an out-of-county judge take his place.
The case is pitting a local resident – who is citing a private investigation into alleged county corruption – against the Board of Supervisors and other local officials. There have been three hearings so far, and two more are scheduled for later this month.
In the letter, Miller pointed out comments by the plaintiff’s attorney, Michael Pekin, from the most recent hearing Feb. 3. Pekin referenced knowing Tobias for several years while maintaining a professional relationship with him.
Miller noted she’s also concerned about this being a small community. She then mentioned the controversial Measure G being a subject in the lawsuit – along with allegations against local officials such as the district attorney, the sheriff and Board members.
Furthermore, the judge is the brother of Tom Tobias, the Farm Bureau president, who is against Measure G on the March ballot.
But Miller did not cite the sibling relationship as a factor in the request, and she said she believes Tobias could make an impartial ruling.
She made the request so far into the proceedings because, she said, “I did not think we’d be in court quite this much.” Miller expected the case to be over by now, she said.
It is unclear whether the request for an out-of-county judge will be granted. Both lawyers said it’s up to Tobias, and that decision has not been made yet.
Aside from the allegation supervisors illegally helped draft Measure G, the suit includes other claims: an allegedly fraudulent land deal; awarding of the county’s vehicle maintenance through favoritism; and improper documentation of a county agency’s finances.
Those allegations are included in the ongoing probe by Salinas private investigator Dave Henderson.
Miller has claimed Pekin is striving to have the case heard before the March 2 election – to sway votes against Measure G. She has said he’s trying to appease developer interests because the initiative stands to hinder housing growth in county limits.
Pekin has denied that claim. And he said the judge’s removal is not justified.
He responded to Tobias in writing Monday – pointing out he and the judge don’t maintain a personal relationship, and that there are no potential conflicts to warrant his removal.
For now, Tobias is set to rule whether the case will continue moving forward at a Feb. 17 hearing. Also on that date, Pekin’s request to take sworn testimony from 15 county officials will be considered.
“The time for proof is approaching,” said Pekin, who called Miller’s request, “desperate, irresponsible and destructive.”
Miller mentioned getting Santa Cruz Superior Court Judge Robert Yonts, who presided over a case in November involving a resident trying to have Measure G enacted without a public vote.
Pekin, then representing an anonymous group calling themselves Los Valientes, who were bringing forth many of the same charges, had joined that suit.
He was trying to have Measure G nullified because of the allegations against supervisors. Yonts removed Los Valientes because their charges were unrelated – while pointing out Pekin could make his claims in a separate suit.
