San Diego

A lawyer representing an attempted-murder suspect infected with the AIDS virus challenged San Diego Municipal Judge Larry W. Stirling for cause Wednesday, alleging that Stirling was incapable of being fair because of his past behavior toward defendants who have tested HIV-positive.

William Youmans, a San Diego County public defender assigned to represent Steven Paul Prior, filed a formal statement of disqualification before Prior’s bail hearing. Prior, a 31-year-old San Diego man infected with AIDS, is being held on two counts of attempted first-degree murder after he bit two nurses.

In his challenge, Youmans noted that last month Stirling ordered court workers to clean and mop his courtroom after an appearance by a forgery defendant who had tested positive for the AIDS virus. He said Prior could not get a fair hearing from Stirling.

Stirling referred Prior’s case back to the presiding judge, Patricia A.Y. Cowett, who ruled that Prior’s bail would remain as set, at $50,000. Stirling said Youmans had exercised his lawful right to challenge him, but he said the challenge was unfounded.

“I treat every American who appears in my court the same, irrespective of race, color, creed or citizenship or anything else. I took that oath and that’s what I do,” he said, adding that he believes “absolutely” that he could have given Prior a fair hearing.