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Santa Clara County DA's press release

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Santa Clara County DA's press release Powered By Docstoc
					For release on Friday, January 22, 2010

SANTA CLARA COUNTY DISTRICT ATTORNEY DOLORES CARR
  CONFIRMS CHALLENGE AGAINST JUDGE ANDREA BRYAN

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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