People v. Jackson
8 Cal. App. 5th 1310
| Cal. Ct. App. | 2017Background
- Michael Jackson, a massage therapist, was convicted by jury on multiple counts of sexual offenses against three clients; acquitted of rape on one count. A separate child-pornography count remained pending as a bench trial before Judge James E. Rogan.
- After the jury verdicts, Jackson moved (Marsden motion) to replace his appointed public defender, Justin Glenn, alleging poor impeachment, failure to investigate, and attorney dishonesty.
- Because the remaining child-pornography charge was set for a bench trial before Judge Rogan, Glenn asked that the Marsden hearing be transferred to another judge to avoid exposing bench-trial factfinder to potentially prejudicial out-of-court complaints; Judge Rogan granted the request.
- Judge Scott A. Steiner conducted the Marsden hearing the same day, heard Jackson’s complaints and Glenn’s responses, denied the motion, and returned the case to Judge Rogan for the bench trial.
- Judge Rogan convicted Jackson on the child-pornography count at the bench trial; Jackson was later sentenced to 15 years. Jackson appealed, arguing the transfer of the Marsden hearing was error violating his rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial judge may transfer a Marsden hearing to another judge when the judge would be the trier of fact in an upcoming bench trial | Transfer permissible to protect fairness and court administration | Marsden hearing must be heard by the trial judge; transfer violated due process and right to effective counsel | Transfer was permissible here given risk of prejudice to judge who would serve as trier of fact; no reversal |
| Whether the transfer constituted unlawful delegation of judicial authority | Court retained decision-making; no delegation occurred | Reliance on Sanchez/Eastman: hearing improvidently delegated to another attorney/party | No unlawful delegation; judge (Steiner) personally adjudicated the motion |
| Whether counsel was ineffective for requesting the transfer | Request protected defendant’s interests by avoiding prejudice in bench trial | Defendant argued he had an inalienable right to have his Marsden heard by trial judge and counsel should not have asked for transfer | No ineffectiveness: defendant has right to hearing but not to choose which judge hears it |
| Whether Marsden requires the trial judge personally to hear complaints that may be outside the record | Marsden requires an in-court opportunity to be heard, but not necessarily by trial judge | Defendant argued Marsden implied a trial-judge hearing is required | Marsden upheld as ensuring hearing; does not mandate the trial judge if transfer prevents prejudice |
Key Cases Cited
- People v. Marsden, 2 Cal.3d 118 (1970) (requires court give defendant opportunity to state reasons for requesting new counsel)
- People v. Sanchez, 53 Cal.4th 80 (2011) (prohibits unlawful delegation of a court’s Marsden decision to another defense attorney)
- People v. Rodriguez, 1 Cal.5th 676 (2016) (recognizes trial courts’ broad discretion in managing judicial business)
- Rutherford v. Owens-Illinois, Inc., 16 Cal.4th 953 (1997) (discusses courts’ inherent supervisory and administrative powers)
- People v. Eastman, 146 Cal.App.4th 688 (2007) (addresses improper delegation when a second defense attorney adjudicates competency of counsel)