Broderick Attorney Vows to Challenge All 69 Judges in County

A motion to disqualify the entire Superior Court bench from presiding over the murder trial of Elisabeth Anne (Betty) Broderick was denied Wednesday, prompting her lawyer and the prosecutor to predict that the proceedings may be delayed.

Jack M. Earley, Broderick’s attorney, had contended that no San Diego judge could appear unbiased in his client’s murder trial because one of the victims, her ex-husband, was a prominent malpractice attorney and part of San Diego’s “close-knit” legal community. But San Diego Superior Court Judge Jesus Rodriguez ruled that he had no jurisdiction to disqualify the bench and that there were no legal grounds to do so.

Broderick, 42, is accused of murdering ex-husband Daniel T. Broderick III, 44, and his wife, Linda Kolkena Broderick, 28, early on the morning of Nov. 5. She has pleaded not guilty, and her trial has been set for July 16.

But Earley said Rodriguez’s ruling, which he plans to appeal in the 4th District Court of Appeals, might push that date back. Earley said that, if necessary, he is prepared to challenge the 69 Superior Court judges one by one.

“I’m assuming that what the judge was saying was that, if there’s 50 judges, we should have 50 hearings,” he said. “Effectively, by their ruling, it’s going to be at least a year and a half before we even get through the challenges. . . . They’re saying that you can’t do it once, even though that makes sense economically. They’re saying I should go one judge at a time.”

Deputy Dist. Atty. Kerry Wells said: “If they want to drag it out, this is a good way to do it, by challenging judge after judge. Cases like this sometimes do take a long time to get to trial. Realistically, it could be a long time.”

In fact, Earley’s challenges would only last as long as he continued to win. Were he to challenge an individual San Diego County judge, that judge would be allowed to respond in writing and another judge would preside over a hearing to determine if the challenged judge was impartial. If the presiding judge ruled in Earley’s favor, the case would be transferred to another San Diego judge and Earley would be free to challenge him, starting the process all over again.

If the presiding judge ruled against Earley, however, the original judge would be allowed to hear the case. Then, Earley said, he would file a writ of appeal to the 4th District Court of Appeals. And he could also seek a change of venue motion.

Wells said she is eager to get on with the case.

“Ultimately, we have to have a judge hear this case,” she said. “And my personal opinion is there are fair judges in San Diego County and there are fair judges every place else in the state, and I don’t particularly care where we go. As long as both sides get in front of a fair judge.”

In a related matter, the 4th District Court has ruled that the appellate record of Betty and Daniel Broderick’s divorce will be sealed, as were the original divorce records.