Orange County Department of Child Support Services v. Superior Court
Opinion
Opinion
Rylaarsdam, J.
The Orange County Department of Child Support Services and Deputy Department Counsel Constance Bailey seek extraordinary relief from the imposition of sanctions against them for prosecuting a nonmeritorious contempt proceeding against Clifford Ricketson. We find the trial court erred in failing to transfer the sanctions hearing to the judicial officer who heard the contempt proceeding. Accordingly, we grant the petition.
FACTS
Patti Ricketson sought help from the department in collecting unpaid child support from her ex-husband, Clifford. She signed a declaration stating Clifford had failed to pay court-ordered child support in the amount of $463 per month for 21 months during the period from February 2001 to July 2003. The department filed an order to show cause re contempt of the child support order, which was set before Commissioner James L. Waltz.
At arraignment, Clifford pleaded not guilty, claiming payment directly to Patti as a defense. Bailey, the prosecuting deputy, asked for “all proof and documentation” of payment at least two weeks before trial. Clifford’s counsel, Steven Brewer, objected. “It’s been my experience that if I meet with the . . . Department of…