People Ex Rel. Kottmeier v. Municipal Court

For the third time, the People, by and through Dennis Kottmeier, in his capacity as District Attorney for the County of San Bernardino, seek relief from this court from a policy imposed by the municipal court requiring the attendance of prosecutors at the trial of traffic infractions. Although we have previously declined to assume jurisdiction and required petitioner to seek his available remedies in the lower courts, we find ourselves compelled at this time to intervene.

Petitioner (hereinafter sometimes the District Attorney) filed his first petition with this court on October 3, 1989. This petition alleged that in July 1989, Judge David Merriam of respondent court notified petitioner that when he assumed the assignment of traffic trials on July 28, he would require the attendance of a deputy district attorney to represent the People. Petitioner responded by requesting the cancellation of this policy, relying on People v. Carlucci (1979) 23 Cal.3d 249 [ 152 Cal.Rptr. 439 , 590 P.2d 15 ]. Despite the intervention of Presiding Judge Anthony Piazza, this effort was unsuccessful, and on July 27, 1989, the District Attorney filed a petition for writ of prohibition with the…