Retired San Joaquin County, Calif., Superior Court Judge K. Peter Saiers never thought his off-the-cuff reference to a "kangaroo court" would result in a four-page written scolding from the 3rd District Court of Appeal.
But it did.
Taking umbrage at what they saw as a slight aimed at their court, three appellate justices found Wednesday that Saiers had violated the judicial canon during a September 2005 plea hearing.According to the ruling, when a prosecutor declined to dismiss a strike count, Saiers responded, "Oh, that's right. You can't offend the kangaroos up there in kangaroo court."
In deciding that Saiers had bungled the hearing -- and possibly coerced a plea -- the court keyed in on his "perjorative [sic]" remark.
"It would appear that, in his eyes, this court was a naive, ivory-tower, obstructionist, oblivious to the real-world problems of trial courts faced with staggering caseloads," wrote Justice Rick Sims. "This view is not accurate."
Reached Wednesday, Saiers said that the whole thing is a misunderstanding, "a big mistake."
"I knew I was pissing them off," Saiers said, "but I wasn't referring to them."
Saiers said the target of his kangaroo court comment was the district attorney's "strike team," which he said doesn't believe it needs to provide reasons for its decisions on whether to pursue or drop strike allegations.
Details here from The Recorder via Law.com. Here's the Court's opinion. (via Bashman)