On Monday, November 11, 2024, The Mercury News reported that Alameda County Judge Barbara Dickinson is facing serious allegations of misconduct in connection with a vehicular manslaughter case. The accusations arise from her handling of a plea agreement involving Sekou Brandon, a 21-year-old resident of Oakley, who was charged following a fatal crash during a police chase in Livermore in 2022.
Court documents indicate that Judge Dickinson may have violated judicial conduct rules by engaging in “ex parte” communications—discussions about the case with the prosecutor without the defense attorney present. Such actions are expressly prohibited by the state’s judicial canons, which aim to maintain fairness and impartiality in legal proceedings. Violations of this nature can lead to severe consequences for judges, including removal from the bench.
The controversy began when Judge Dickinson rejected a plea deal that would have allowed Brandon to plead no contest to a charge of manslaughter in exchange for a seven-year, eight-month prison sentence. This decision was made despite prior agreement between prosecutors and Brandon’s attorney, Annie Beles. The plea deal had already faced opposition from the family and friends of the victim, 73-year-old Linda Susan Woodward, who died as a result of the crash.
During a court hearing in August 2023, Judge Dickinson reportedly held a sidebar discussion with both attorneys before the hearing commenced. According to Beles, Dickinson indicated she would not accept the plea deal, citing concerns about the case after having discussed it with Deputy District Attorney Elgin Lowe. Beles contends that this private discussion constituted improper conduct, as it excluded the defense from critical conversations regarding the case.
When Beles raised her concerns about the ex parte communication, Dickinson allegedly dismissed her objections and reiterated her decision to reject the plea agreement. In subsequent court proceedings, Dickinson made statements about what had transpired during the sidebar that Beles contests as inaccurate. Beles argued in her sworn declaration that Dickinson’s claims about the discussion were false and that the judge had already made up her mind before hearing from the defense.
Retired Santa Clara County Judge LaDoris Cordell commented on the situation, emphasizing the importance of adhering to judicial rules to uphold the integrity of the legal system. According to Cordell, the prohibition against ex-parte communications is intended to prevent any party from having undue influence over the outcome of a case without the knowledge of the other side.
After Dickinson rejected the plea deal, Beles filed a motion seeking to have the decision overturned. This motion was directed to Judge Stuart Hing, who later ruled in favor of reinstating the plea agreement, stating that the manner in which Dickinson handled the case was “definitely not right.” Hing expressed concern that failing to overturn Dickinson’s decision could lead to significant appellate issues, potentially prolonging the case indefinitely.
Following Hing’s ruling, the plea deal was put back on the table, but the legal proceedings are far from over. Brandon must still face formal sentencing by a different judge, who has the discretion to reject the plea agreement once again and reinstate the original murder charge. This upcoming hearing is scheduled for December.
The state’s Commission on Judicial Performance, which oversees judicial conduct, has not publicly commented on whether it is investigating Dickinson’s actions. As of now, Dickinson has not responded to requests for comment regarding the allegations against her.
Judge Barbara Dickinson was appointed to the bench by then-Governor Jerry Brown in 2013 and previously served as a deputy public defender in Alameda County. Following the controversy surrounding the plea agreement, she was reassigned from criminal matters to probate court, a change that had been planned prior to the case’s developments.
Source: The Mercury News
