Chess v. Candyland at the Eighth Judicial District?
Will the next move be checkmate or a slide into Molasses Swamp?
On Wednesday, I noted the R'J's story reporting that Eighth Judicial District Chief Judge Kathy Hardcastle had ordered a reshuffling of Judge Elizabeth's Halverson's cases. The R-J reports today that Halverson intends to resist the order. The story by R-J reporter K.C. Howard quotes Halverson as saying "Some of us play chess and some of us are playing Candy Land." That remark was reportedly given in conclusion of Halverson's response to a prosecutor's inquiry about where his case would be next week. Halverson is also reported to have questioned the authority of the Chief Judge to transfer cases.
Hardcastle is said to have responded that the EDCR permit her, as Chief Judge, to assign cases. A quick review confirms that EDCR 130 expressly authorizes the Chief Judge to "make regular and special assignments of all judges." However, in response to concerns raised by defense counsel as to scheduled trials, Hardcastle conceded accommodation might be made where the rights of criminal defendants would otherwise suffer.
I am not taking sides here, but in my objective opinion, one of these judges is in zugswang. One thing chess and Candyland have in common is both require the players to obey the rules.
