Judge: Gascón’s Policies Are Unlawful and Force Deputy D.A.’s to Violate Their Ethics
Today Judge James Chalfant issued a ruling in a lawsuit brought by the Los Angeles Association of Deputy District Attorneys against Los Angeles District Attorney George Gascón, challenging many of the District Attorney’s recent policies. The decision was a nearly complete victory for the ADDA.
The Special Directives require prosecutors to violate California law, their oaths of office, and their ethical and professional obligations. The Special Directives violate the Three Strikes law by prohibiting prosecutors from pleading and proving prior convictions in new cases. Prosecutors have a ministerial duty to allege all prior convictions under the Three Strikes law. Respondents refuse to perform this duty. The Special Directives also require deputy district attorneys to wrongly argue that the mandatory obligation to plead and prove strikes is unconstitutional as violative of the separation of powers.
. . . .
The District Attorney’s disregard of the Three Strikes “plead and prove” requirement is unlawful, as is requiring deputy district attorneys to seek dismissal of pending sentencing enhancements without a lawful basis.
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Has Gascon engaged in criminal conduct, to wit obstruction of justice and suborning obstruction?Dave (1bb933) — 2/9/2021 @ 3:28 am
It’s heartening when people stand up to the new boss.Kevin M (ab1c11) — 2/9/2021 @ 9:33 am
Has Gascon engaged in criminal conduct, to wit obstruction of justice and suborning obstruction?
I note that judges have rejected attempts to ignore previous strikes or retract enhanced charges, refusing to let political demands intrude on current cases.
Is demanding those changes in current cases obstruction?Kevin M (ab1c11) — 2/9/2021 @ 9:37 am
I’d counsel waiting until the dust settles. It’s not like he’s done trying.steveg (43b7a5) — 2/12/2021 @ 8:23 pm
He’ll find the right judge… for a time… will your life be hell “in that time”?
If I were him, I’d try to fracture your union from the inside and via pressure from the outside… divide, isolate and conquer
Unless you want to move next door to Mark Fuhrman in Bonners Ferry and prosecute Fish cop violationssteveg (43b7a5) — 2/12/2021 @ 9:17 pm