On Friday, February 16, 2024, The Ukiah Daily Journal reported that Paula June Kennedy, the former payroll manager for Mendocino County, had filed a motion to have Judge Keith Faulder recused from overseeing her criminal case.

Kennedy and suspended Mendocino County Auditor Chamise Cubbison have been charged with misappropriation of public funds by District Attorney David Eyster. They have both pleaded not guilty. Judge Faulder had been presiding over the high-profile case since charges were filed in October 2023.

Kennedy’s attorney, public defender Mary LeClair, filed a motion known as a peremptory challenge to remove Judge Faulder. Such challenges allow criminal defendants to disqualify a judge they believe may be biased against them without providing a reason. LeClair stated that she felt Judge Faulder was biased and that Kennedy could not receive a fair trial.

Judge Faulder now has the opportunity to review the motion for timeliness. If accepted, another judge would take over the case. LeClair declined to provide specifics on her claim of bias. Cubbison’s attorney Chris Andrian also declined to comment on the motion.

On the same day as the motion was filed, Cubbison appeared before Judge Victoria Shanahan and entered a not guilty plea as expected. Shanahan set a preliminary hearing date of April 15th for both defendants. Such hearings allow the public to learn the core evidence against defendants before a potential trial.

Andrian stated after the hearing that the evidence he has seen so far through the discovery process provides no evidence of criminal wrongdoing by Cubbison. The case against Cubbison and Kennedy stems from allegations that Kennedy received around $68,000 in unauthorized pay over three years using an obscure payroll code at Cubbison’s direction. Cubbison maintains the payments were properly authorized, while the D.A. sees it as criminal misappropriation of funds.

The criminal case has occurred against the backdrop of Cubbison’s ongoing conflicts with District Attorney Eyster and the county board of supervisors, fueling accusations the charges were retaliatory. Judge Faulder previously denied a motion to remove Eyster as prosecutor. Cubbison has also filed a civil lawsuit against the board related to her suspension without due process. The legal challenges are expected to continue as the criminal case proceeds.

 

 

Source: The Ukiah Daily Journal