Local Judges Are Ruled Out for Rubino Case Too

A judge from another county will handle the case against Ronald S. Rubino, the former county budget director who faces criminal charges in connection with the county bankruptcy, an Orange County judge ruled Wednesday.

Presiding Superior Court Judge Theodore E. Millard said local judges, who are gearing up for a possible court fight with county government over $31 million they say is needed to keep the courthouse open through July, could have at least the appearance of a conflict of interest in handling Rubino’s case.

The ruling marks the third time Millard has cited the impact of the financial crisis on the courts in disqualifying the entire Orange County Superior Court bench from hearing a bankruptcy-related case.

Last month, at Millard’s request, California’s chief justice appointed a Los Angeles County Superior Court judge to preside over the civil misconduct charges against two sitting Orange County supervisors and the county auditor-controller. And another Los Angeles judge was appointed to sentence former Treasurer-Tax Collector Robert L. Citron, who pleaded guilty to six felonies stemming from the December 1994 bankruptcy.

The rulings have not affected the criminal charges against former Assistant Treasurer Matthew Raabe, whose case is still before an Orange County Superior Court judge.

The latest ruling came in response to arguments from Rubino’s attorney that he might not get a fair hearing from Orange County judges because of the budget problems.

“It is an objective fact that judges of this court have had substantial financial losses as a result of the Orange County financial crisis,” defense attorney Rodney M. Perlman wrote in a court brief.

The attorney declined further comment on the judge’s ruling. County prosecutors did not argue a position on the issue.

Rubino, 44, faces two felony counts of aiding and abetting Citron in skimming into a county account more than $60 million of interest earnings belonging to schools, special districts and cities that had entrusted their money to the county.

Millard postponed Rubino’s arraignment on the charges until Feb. 9, at which time the out-of-county judge, to be appointed by the state chief justice, will take over. Out of court, Rubino has denied any wrongdoing.

Orange County’s judges have made a formal demand that county government make up a $31.6-million funding shortfall they say is the result of state and bankruptcy-related cutbacks, as well as rising caseloads. Without more money than the county appropriated in its latest austerity budget, the judges warned that local superior and municipal court branches may have to close between April and July.

The judges have also sent the “deficiency notice” to a state trial commission, which could shift money away from other counties. If the state turns down the request, as is expected, the courts could issue a court order, enforceable with contempt-of-court proceedings, against the Orange County treasury.