On Friday, July 26, 2024, Courthouse News Service reported that Alameda County Superior Court Judge Julie Spain had abruptly recused herself from a case involving an investigation into financial records of a campaign to recall Oakland Mayor Sheng Thao.

The Public Ethics Commission of Oakland had filed a lawsuit in June against the political committee Oakland United to Recall Sheng Thao after the group refused to comply with a subpoena issued in May seeking access to financial records. The commission wanted to determine if the recall campaign had violated any rules regarding disclosure of funds and donors under Oakland’s Campaign Reform Act.

Earlier in the week on July 24, Judge Spain had tentatively sided with the recall campaign and was set to quash the subpoena. However, on July 26 she reversed her position and recused herself from the case without providing a reason for her decision. Her recusal vacated the upcoming hearing on the motion to compel and meant the case would now be heard by a new judge.

Executive Director of the Public Ethics Commission Nicolas Heidorn said the commission was reviewing its next steps in light of the development. Court records showed that the commission’s enforcement chief believed the recall group may have improperly solicited contributions from another entity that had not filed any disclosure forms as required.

Judges commonly recuse themselves if they have a personal connection to parties involved in a case. It’s speculated Spain may have had such a connection, as Brenda Harbin-Forte, the head of the recall campaign, had previously served as an Alameda County Superior Court judge from 1998 to 2019 and on the Oakland Police Commission until 2022.

In campaign finance disclosures, Oakland United to Recall Sheng Thao reported raising over $61,000 and nearly $210,000 in additional “non-monetary” support from Foundational Oakland Unites, which paid for signature gathering efforts.

The new judge assigned will now hold a case management hearing on November 6, a day after Oakland voters finish casting their ballots in the mayoral recall election. Mayor Thao, who is currently under a separate federal investigation, has accused forces of seeking to improperly oust her from office within her second year as the city’s leader.

 

 

Source: Courthouse News Service