District Attorney Dolores Carr's memo about Judge Andrea Bryan by BayAreaNewsGroup

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									County of Santa Clara
Office of the District Attorney
70 West Hedding Street, West Wing, 5 th Floor San Jose, California 95110 (408) 299-7400

Dolores A. Carr District Attorney


FROM: Nick Muyo, Public Information Officer

CONTACT PERSON: Nick Muyo, Public Information Officer (408) 792-2826 For release on Friday, January 22, 2010

The Santa Clara County District Attorney has reluctantly decided to exercise a peremptory challenge against Superior Court Judge Andrea Bryan in all future criminal proceedings assigned to her courtroom. This action is specifically authorized by California Code of Civil Procedure § 170.6 which allows such a challenge whenever any party or attorney believes he/she cannot receive a fair and impartial hearing before the judicial officer in question. District Attorney Dolores Carr said, “This decision was made after careful deliberation. It is not solely based on recent events or any one specific ruling or finding. Rather, this is a decision that has been under consideration for some time. Fundamentally, the judicial system requires that lawyers who appear in court trust that their cases will be fairly considered. Over the last several years, a number of rulings in this particular courtroom have seriously undermined our confidence. We must safeguard the ability to prosecute our cases and do not believe we can fulfill our responsibility to the public if lawyers from this office continue to appear before Judge Bryan. This decision is not without precedent in Santa Clara County. For example, the Public Defender engaged in a similar challenge against a different judge in recent years. The Public Defender’s Office publicly stated then that it felt the decision was justified to protect the interests of its clients. We feel the same way.”

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