Roman Polanski v. Los Angeles Superior Court Judge Peter Espinoza
Written
By Alberta Rose Jones, October 17, 2010, Copyright Protected
On October 16, 2010, I became aware of what I consider
to be "judicial misconduct" by the Judge overseeing the 30 year old Roman Polanski criminal rape case.
What
is "judicial misconduct"?
Judicial misconduct is a term used to describe certain actions of a judge which are unethical or
otherwise violate the judge's obligations of impartial conduct. Malfeasance has been defined by courts as a wrongful act which the actor (judge)
has no legal right to do.
How can a sitting judge of over 20 years who has himself been appointed
to the "State Judicial Council" * overlook California Code of Civil Procedure 170.3 regarding who makes the final
decision in a motion to recuse a judge or judges in a case for cause?
Not only did Superior Court Judge Peter
Espinoza violate the California's statutory procedure whether a judge or judges should be disqualified in a particular instance.
Los Angeles Superior Court Judge Espinoza said in his verified statement that he had no "prior"
knowledge of the case. See above where Judge Peter Espinoza says that he watched the movie that Roman
Polanski's defense team submitted to address the court on "judicial misconduct" in this thirty year old case. On
February 18, 2009, Judge Espinoza told the Huffington Post that he had watched "the documentary**" on the thirty-year
old rape case. The documentary being "Roman Polanski Wanted and Desired."
I am more curious as to why
Roman Polanski's defense team failed to use California Code of Civil Procedure 170.8 - No Judge Qualified. Much time
was spent addressing California Code of Civil Procedure 170.3 - Motion to disqualify for cause.
**
Superior Court Judge Peter Espinoza said Tuesday that after watching a documentary on the case he agrees there was misconduct
by the now-deceased judge who arranged a plea bargain but reneged on it. (Huffington Post)
* The Judicial
Council is the policymaking body of the California courts, the largest court system in
the nation. Under the leadership of the Chief Justice and in accordance with the California
Constitution, the council is responsible for ensuring the consistent, independent, impartial,
and accessible administration of justice. The Administrative Office of the Courts carries
out the official actions of the council and promotes leadership and excellence in court administration.
