People v. Thomas

Opinion

BURKE, J.

A court, sitting without a jury, found Michael Thomas guilty of violating Vehicle Code section 10851 (taking vehicle without owner’s consent with intent permanently or temporarily to deprive owner of its possession) and sentenced him to prison.

1

He appeals, contending that the trial judge was disqualified, that the evidence is insufficient to support the conviction, and that the failure of his counsel, the public defender, to object to certain evidence deprived him of the effective assistance of counsel. We have concluded that none of the contentions can be upheld and that the judgment should be affirmed.

[520]

Defendant contends that Judge William Ritzi, who tried the case, was disqualified because Judge Ritzi was an assistant district attorney for Los Angeles County within two years before the commencement of the action.

2

Defendant relies upon the provision in Code of Civil Procedure section 170, subdivision 4, disqualifying a judge who has been employed, “as attorney or counsel for any party” within two years before the commencement of the action.

3

Section 170 should be liberally construed, with a view to effect its objects and to promote justice. (Code Civ. Proc., § 4.) The object of section 170 “is not only to guard jealously the actual impartiality of the judge but also to insure public confidence.” (See

Tatum

v.

Southern Pacific Co.,

250 Cal.App.2d 40, 42 [58 Cal.Rptr. 238, 25 A.L.R.3d 1325].)

The mere fact that Judge Ritzi was an assistant district attorney in Los Angeles County within two years before the commencement of this action would neither impair his impartiality nor undermine public confidence. The crime was not even committed until over a year after his elevation to the bench. It is thus apparent that he would not have obtained any personal knowledge of the crime while employed as an assistant district attorney, and it would be unreasonable to assume that his prior representation in Los Angeles County of such an artificial and generalized party as the “People” would result in a conscious or unconscious bias on his part for two years in all criminal cases in that county.