San Diego County public defenders waited their turn Monday morning to hear Judge Howard Shore’s response to their motions to recuse him.
The motions accused the Superior Court judge of making racist remarks during court proceedings, issuing biased rulings and making racist comments during a meeting with public defenders. As a result, the office is calling on Shore to recuse himself from special racial justice hearings and to remove himself from all cases involving public defenders.
In his written responses delivered to each public defender, Shore denied the accusations of racism, prejudice and bias, and rejected the motions calling for him to step down.
“I deny that I am biased or prejudiced,” Shore wrote in response to the accusations of racism. “Allegations that I am biased or prejudiced against Black, indigenous and people of color on account of my statements, rulings and actions in the proceedings before me are based solely on subjective interpretation, speculation and conjecture… I do not believe that my recusal would serve the interests of justice.”
Get top local stories in San Diego delivered to you every morning. Sign up for NBC San Diego's News Headlines newsletter.
Shore’s written response marks the first time the embattled judge has commented on any of the allegations against him, and his first public remarks since his discipline from the state in another matter. Last month, Shore was censured for lying about missing more than 100 hours of work. Shore expressed remorse for his actions in his written response to the censure but explained that at the time he figured it was OK since he took his work home with him and said he always completed it on time.
In one of the motions calling for Shore’s recusal, a public defender referenced a transcript from a recent court hearing in which Shore used a racial slur. The same motion also argues that Shore expressed opinions dismissive of the existence of systemic and implicit racism.
“The statements I made during those various court hearings were merely my efforts to gain a greater understanding of the facts and the law,” wrote Shore, addressing the transcripts.
Shore is the only judge assigned to hear Racial Justice Act motions and cases. These are a relatively new legal option for defendants after a state law passed a couple of years ago that allows defendants to ask for a judge to rule on whether a defendant suffered discrimination anywhere during the criminal justice process — from their arrest through their sentencing. Should a judge agree racial discrimination occurred, charges against that defendant could be dropped.
Since Shore will not step down from Racial Justice Act cases, the public defenders who have filed the motions have five days to meet with the deputy district attorneys and agree on a new judge, who will then hold a hearing to determine if Shore is qualified to hear each case.
Deputy district attorneys who exited Monday's hearing opted not to comment on the ongoing cases.
You can read Judge Shore’s entire response to the motions below.
