Transfer of Boycotted Judge to Be Accelerated

Embattled Van Nuys Superior Court Judge Melvin B. Grover is expected to be transferred to a civil court in Pasadena within days because of heightened acrimony between the judge and prosecutors.

Thomas T. Johnson, presiding judge of Los Angeles County Superior Court, said Wednesday that Grover’s transfer, which had been scheduled for Jan. 1, will occur “in the fairly near future.”

“If things are at a standstill,” Johnson said of the feud at the Van Nuys courthouse, “the sooner the better.”

Grover and the Los Angeles County district attorney’s office have been at odds for months over prosecutors’ allegations that the judge mistreats them and is biased in favor of defendants. Judges and attorneys alike say the dispute is the nastiest of its type they can remember in the county.

Activity Suspended

All activity was suspended in Grover’s courtroom Wednesday after he ordered Deputy Dist. Atty. Edward G. Feldman, the prosecutor assigned to his court, to leave for the second consecutive day. On Tuesday, Grover called Feldman “a liar” and “a cheat” and threatened to jail him for contempt of court if he stayed in the courtroom.

Representatives of the Los Angeles County district attorney’s office, who maintain that Grover has no legal authority to prevent a prosecutor from appearing before him, responded by filing documents asking an independent judge to remove Grover from several criminal cases that came before him Wednesday.

“Half my staff won’t go in there,” said Mike Carroll, head deputy of the district attorney’s Van Nuys office. “They feel he is a bully and unfair.”

Grover has 10 days to challenge the district attorney’s latest action or he will be removed from the cases in question. If he does appeal, an independent judge will be asked to review each case to decide whether Grover should be removed because he is prejudiced.

Growing Backlog

Until that ruling is made, Grover is prohibited by state law from acting on the cases, increasing the backlog in his court.

Grover would not say Wednesday whether he would contest the prosecution’s action. But the judge said he is a victim of “character assassination” and that the district attorney’s office is attempting to dictate which judges should hear criminal cases.

“They have won and have completely crippled the judiciary,” Grover said.

Carroll said he believes that prosecutors have compiled enough damaging evidence against Grover during the past weeks to convince another judge that Grover abuses prosecutors and should be removed from criminal work.

Prosecutors have complained, among other things, that Grover refuses to allow them to speak at sentencing hearings and that he distrusts the testimony of prosecution witnesses.

“It is our position that, since you will not allow our prosecutor, Mr. Feldman, to be in this courtroom, you are prejudiced against our prosecutor,” Carroll told Grover in court Wednesday.

In one courtroom exchange three weeks ago, Grover told Feldman: “Don’t weasel all the time. At least one time be a man. . . .”

Carroll said Wednesday that Grover’s treatment of Feldman “has been the subject of much coffee-room discussion” in the district attorney’s office.

“Ed Feldman is non-confrontational and a very amiable person who gets along with virtually everybody,” Carroll said. “Of all people, he really keeps his temper and doesn’t blow up.”

Johnson said he will leave it to Grover to decide whether to challenge the district attorney’s allegations and force a hearing before another judge, or to give in and remove himself from criminal work.

Johnson said, however, that he would arrange the transfer of Grover to Pasadena Superior Court as soon as possible. If Grover wins the right to hear some of the criminal cases now before him, they could be transferred to Pasadena with him, Johnson said.

Judge George Xanthos, who has been presiding over criminal and civil matters in Pasadena Superior Court, will replace Grover in Van Nuys, Johnson said.

The courthouse dispute had simmered since early this year, coming to a boil five weeks ago when the district attorney’s office announced that prosecutors would begin filing “affidavits of prejudice” against Grover, asking him to remove himself from each new criminal case sent to his courtroom.

By law, the defense and prosecution have one opportunity each per case to bump a judge from hearing a matter without proving the allegations of prejudice. The judge can fight such an affidavit in cases already before him, however, if the affidavit was filed fewer than five days before trial or if he has made certain pretrial rulings in the case.

Citing those reasons, Grover has rejected many affidavits and has maintained jurisdiction over some cases.

His response has been in marked contrast to other judges in the county who have faced similar campaigns by prosecutors and, in a few instances, defense attorneys. Most other judges have quietly transferred to civil work without challenging the boycott.

The district attorney’s petitions Wednesday, known as “affidavits of actual prejudice,” were directed at those cases not covered by earlier affidavits and which Grover has refused to transfer to another court. The latest affidavits don’t automatically exclude Grover, but require prosecutors to prove that they could not get a fair trial before the judge.

Johnson said he knows of no other dispute with a judge that has gone so far.

“I’m sorry things became this embittered,” he said.

Reflecting upon the dispute Wednesday, Grover said, “It is always better not to cause ripples. . . . . But you have to live with yourself. I think I’m 100% right.