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Letters

Mar. 12, 2025

SF DA's blanket disqualification of Judge Tong undermines judicial independence

The San Francisco District Attorney's blanket disqualification of Judge Michelle Tong raises concerns about eroding judicial autonomy and lacks justification, overlooking important ethical and legal context.

Ellen L. Chaitin

Judge (ret.)

Assigned Judges Program

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I am writing to express concerns about your article titled "SF DA disqualifies judge in 1st week on criminal court, cites record" regarding the San Francisco District Attorney's blanket disqualification of Judge Michelle Tong. 

Blanket challenges against judges undermine the independence of the judiciary, particularly when the judge has yet to hear a case. This issue is currently before the California Supreme Court.

The article mentions District Attorney Brooke Jenkins' office did not provide justification for her blanket challenge, which I believe is a significant omission. Such a challenge constitutes an attack on judicial independence.

On the issue of family law, it is standard practice for a judge to order the party with greater earning capacity to pay for the other party's attorney fees to ensure fairness in the proceedings. The Daily Journal's audience of legal professionals would have benefited from a more thorough examination of the legal reasoning behind Judge Tong's decision regarding attorney's fees and the mother traveling with the child overseas. 

In the case of the reversal during Judge Tong's time as a public defender, it's important to note that she took responsibility for correcting an injustice arising from her involvement in another trial at the time. Public defenders often manage overwhelming caseloads, and in this instance, the reversal was appropriate. Moreover, the District Attorney should have honored the plea bargain in the interest of justice. 

Your article omits mention of prosecutorial misconduct and ethical violations committed by DA Jenkins, which are relevant to understanding her motivations behind the blanket disqualification. For fairness and balance, these facts should have been included.

Finally, Judge Tong distinguished herself as a dedicated public defender, and it seems likely that this contributed to DA Jenkins' challenge. I would also like to point out that one of Jenkins' senior attorneys ran against Judge Patrick Thompson in the March 2024 election and campaigned alongside a lawyer challenging Judge Michael Begert. Jenkins was allegedly neutral, yet played a significant role in supporting these campaigns. Judge Tong, in turn, was significantly involved in running Judge Begert's campaign. 

I hope these points will be considered in future coverage.

#384184


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