Gov. Gavin Newsom is asking to replace the judge who granted two assemblymen a temporary restraining order (TRO) against him. The TRO, regarding an executive order governing elections, enjoined Gov. Newsom from issuing any further orders that exercise legislative powers improperly.
“We're proceeding to trial as quickly as possible but it would be a new judge who presides over the litigation,” said Assemblyman Kevin Kiley (R-Roseville) who filed for the TRO along with Assemblyman James Gallagher (R-Sacramento) as part of a lawsuit against Gov. Newsom's executive order N-67-20, which mandated a host of rules related to the November elections, such as number of precincts, planning the election and how many days polls must open prior to the election.
Attorney General Xavier Becerra filed a section 170.6 motion to disqualify the assigned Superior Court Judge Perry Parker last week, stating:
“Please take notice that Defendant Gavin Newsom, in his official capacity as Governor of the State of California, moves that this action, which has been assigned to the Honorable Perry Parker, be reassigned from that Judge, and that no matters hereinafter arising that may relate to Defendant Newsom in this action be heard or assigned to the Honorable Perry Parker, on the ground that said Judge is prejudiced against defendant’s interest in this action.”
As previously reported, in filing an application for a TRO, Assemblymen Kiley and Gallagher were seeking to rein in the governor who has issued 45 to 46 executive orders and allegedly changed more than 200 California laws.
“The governor has been trying to delay things as much as possible, and we're trying to speed them up as much as possible because these orders specifically impact November elections,” Kiley said. “If he's able to drag it out past November, then there might not be anything left for the judge to rule on. I think that's his game plan is to try to run out the clock.”
Gov. Newsom’s executive powers expanded after a state of emergency was declared on March 4 due to the COVID-19 outbreak. The state of emergency has not been terminated and is still in effect.
Since that time, there have been 391,538 cases statewide and 7,694 deaths as fo July 20, according to the California Department of Public Health dashboard, and that’s compared to 3,438 positive cases and 319 deaths on April 4.
“The request to replace Sutter County Superior Court Judge Perry Parker indicates to me that the governor is continuing to use this public health situation to expand his own powers well beyond what is constitutional,” Kiley said in an interview. “Through all stages of this crisis, he is doing substantial damage to our institutions here in California.”
After Gov. Newsom appealed the TRO, the appellate court said it would have reversed Judge Parker’s decision.
“The appellate court ruled they would reverse because the governor was not present at the hearing where the restraining order was granted,” Kiley said. “Although by that point, it would have lapsed anyway because it's a temporary 14-day order. So, we always needed to win at trial in order to have the victory be permanent.”