On Thursday, July 25, 2024, NBC Bay Area reported that the San Jose police union is pushing for a local judge to be removed from overseeing criminal cases.

The San Jose Police Officers’ Association sent a letter to the Santa Clara County District Attorney’s office requesting that Judge Hector Ramon be banned from presiding over arraignments and other criminal hearings through a blanket peremptory challenge. This is a rare move for a police union to take against a judge.

In their letter, the union argued that Judge Ramon has displayed a reckless disregard for public safety by releasing certain suspects who they believe should have remained in jail pre-trial. SJPOA President Steve Slack cited two recent examples where Ramon released individuals who had been arrested on violent charges.

One instance involved seven people arrested for vandalizing a police car and injuring the officer inside. All seven were released by Ramon until their next court date. The second example was a man arrested for allegedly shooting at a police drone and officers, who Ramon sent to an unsecured drug treatment facility days after the arrest.

Slack contends these types of decisions fail to protect the community from potential repeat offenders. However, legal analyst Steven Clark pointed out that judges are obligated to use the least restrictive means while also ensuring public safety based on the specific facts of each case. Clark said attempting to remove a judge through this challenge is an improper way for law enforcement to address policy disagreements.

The DA’s office said it is reviewing the union’s request but did not provide any timeline. A court representative said judges cannot comment on case rulings. Police officers expressed frustration that their work arresting alleged criminals can be undone if those suspects are quickly released without bail.

As bail reform gives judges more discretion, this highlights ongoing tensions between law enforcement pushing for tougher approaches and courts aiming to balance rights and safety on an individual basis. The outcome of the DA’s review could impact how similar disputes are handled.

 

 

Source: NBC Bay Area