Martin

Appellant William Martin was a judge in the Citrus Municipal Court, a position he held for 20 years before his retirement in September 1977. Appellant Waldo A. Brown was an attorney in the community served by that court. This case involves the improper disposition of some 85 misdemeanor cases in which the defendants were charged with driving under the influence of alcohol and/or drugs (former Veh. Code, § 23102, now § 23152). In each case, Martin was the judge and Brown was the defense attorney. In a five-count indictment returned by the Los Angeles County Grand Jury, appellants were charged as follows; Count I, conspiracy to obstruct justice (Pen. Code, *714 § 182, subd. 5), consisting of 10 overt acts; count II, conspiracy to falsify documents (Pen. Code, §§182 and 134), consisting of 10 overt acts; count III, conspiracy to falsify public records (Pen. Code, § 182 and Gov. Code, § 6200), consisting of 10 overt acts; count IV, falsifying documents (Pen. Code, § 134); and count V, falsifying public records (Gov. Code, 6200).

Appellants’ motion to set aside the indictment (Pen. Code, § 995) was granted as to counts II through V, but denied as to count I. After a court…