Homeless Crisis, Judge Recused From San Clemente Lawsuit

ALISO VIEJO, CA —In May, Aliso Viejo, San Clemente, and San Juan Capistrano filed a motion to disqualify the Honorable Judge David O. Carter from a homeless centered lawsuit saying the cities were not doing enough to provide shelters and services to the homeless.

Cities were advised by counsel not to attend a hearing Carter called of Orange County mayors in early April, a point that irked the judge, according to reports. That absence threw them into a category of "bad mayors" who Carter claimed would be "shamed" according to a report by the San Clemente Times.

Though Aliso Viejo was served first, the cities of San Clemente, Dana Point, and San Juan Capistrano were officially served with the lawsuit in late May. One month later, United States District Judge James Selna granted the request to recuse Carter from the case.

San Juan Capistrano City Attorney, Jeff Ballinger, stated that the city is "pleased with the ruling" to remove Carter, according to the SC Times.

The cities stated that Carter had made comments regarding the cities without representatives present and that he had said:

"In the future for the cities who aren't here—and one outside law firm gave their five cities the advice not to attend, and I won't name those five cities for you—but it's gonna be hard in the future if this Court can't take action…"

Carter naming the cities not present was "problematic," according to Selna.

"The direct statements about the City Movants s (Aliso Viejo, Dana Point, San Clemente, and San Juan Capistrano) would sway a reasonable observer based on appearances to conclude the District Judge could not be objective and impartial with respect to the City Movants," Selna wrote. "In attempting to achieve a county-wide resolution, he cannot be faulted for using direct language apprising the parties in that case of realities of the situation and the need to come together. That's what settlement judges do. It is the unintended and unanticipated juxtaposition of this [south county] case with Catholic Worker that compels much of the result here."

In a homeless crisis seemingly without end, the ruling was a bright spot for cities grappling with the sensitive and multifaceted issue.

According to Ballinger's remarks to the Times, with Carter gone, the case will now have a judge that is "fair and impartial," and that Selna "accurately applied the facts of this case to the law and therefore the city thinks it's the right decision."