The State vs the Judge, round 2!
The poor defendant goes home and calls his Diversion Counselor and Attorney for help. He tells them the Judge ordered him to trial, and what’s going to happen? Was he still in Diversion? How could there be a trial if he was in Diversion?
A week later, after hearing nothing for a week, the defendant again calls his Diversion Counselor and his Attorney. He learns that neither party has reached the Prosecutor or the Court to get to the bottom of the conflict. The Diversion Counselor is in the same office as the D.A., and she cannot get a call back from the Prosecutor.
Another week goes by, one week to trial, and the attorney calls his client and says he’s spoken to the D.A.’s office, and the real issue revolved around rule changes instituted by the new D.A. without consulting his partners the Judges. The Judge then grandstanded, ordering trials when he knew would not exist to force the D.A. to the table to compromise with the Judges.
It doesn’t matter that the defendant’s world is thrown into a tizzy! His family is dumbfounded by this weird turn of events. Is there a trial? What about due process, discovery, motions, etc.? What about Diversion?
The following week, the Diversion Counselor runs into the old Prosecutor for this Judge, who has moved on to another courtroom. He says, the Judge was in a pissy mood all week, and the new D.A. acted without thinking, but they have settled their differences and moved on.