Juvenile Judge Must Reconsider Motion to Remove Her From Suit

A state appeal court ordered Orange County Presiding Juvenile Court Judge Betty Lou Lamoreaux to reconsider her refusal to consider disqualifying herself from hearing a lawsuit challenging conditions at Orange County Juvenile Hall.

In an opinion released Thursday, the 4th District Court of Appeal found Lamoreaux was in error when on Feb. 20 she rejected a request filed by American Civil Liberties Union lawyer Harry Lerner.

The lawsuit, filed Jan. 2, alleges several “illegal policies, practices and conditions,” including refusal to permit juveniles to communicate with their lawyers.

As presiding judge, Lamoreaux assigns cases to the three Superior Court judges and four commissioners who serve in Juvenile Court.

Lerner said he planned to ask Lamoreaux to disqualify herself if she assigned the case to her court. Lamoreaux was a witness to and originator of some of the allegedly illegal practices, Lerner said.

When Lamoreaux did begin to discuss the case with lawyers, Lerner asked her to disqualify herself, but she refused to consider the request, ruling that it was late.

The appellate court, in a decision written by Justice Sheila Prell Sonenshine, ruled that the disqualification motion was not late.

The court ruled that if Lamoreaux does not disqualify herself, the motion must be heard under court rules, which require that a different judge decide the issue.