VERIFIED STATEMENT AND CHALLENGE FOR CAUSE
TO THE HONORABLE FRANZ E. MILLER, THE HONORABLE DAVID A.THOMPSON, ACTING PRESIDING JUDGE OF THE ORANGE COUNTY SUPERIOR COURT, AND TO THE CLERK OF THE COURT:
DEFENDANT ERIN K. BALDWIN on behalf of herself, (hereinafter referred to as“Defendant”), hereby respectfully submits her Verified Statement and Challenge for Causerequesting that the Honorable Franz E. Miller ("Judge Miller") recuse himself or be disqualifiedor alternatively, that
an unbiased and impartial judge
be appointed by the Chief Justice of theCalifornia Supreme Court, from outside the jurisdiction of the Orange County Superior Court, toconsider Defendant’s request and order the disqualification of Judge Miller.On February 1, 2011, Judge Miller appointed the Orange County Public Defender ("OCPD") to represent Baldwin in the criminal contempt matter in this case (the "UDR Case").Despite compelling evidence presented to the OCPD to substantiate the necessity to file thisVerified Statement and Challenge for Cause, the OCPD refused and continues to refuse to file it.Therefore, Baldwin is filing this document
In Pro Per
so that her civil and constitutional rightsare protected.Baldwin files concurrently a Marsden Motion to remove the OCPD from this case to befollowed up by a Harris Motion and a Complaint for Legal Malpractice against the OCPD andothers.The standard by which this action should be judge is: If a reasonable person aware of thefacts and circumstances presented herein would question the impartiality of the judge,disqualification of that judge is mandated by section 170.1, subdivision (a)(b)(C). Clearly, thefacts of this case mandate disqualification of Judge Miller.This Verified Statement and Challenge for Cause is based upon C.C.P. §§170.1, 170.3and 170.4, as well as the Declaration of Erin K. Baldwin and Exhibits attached hereto.This Verified Statement and Challenge for Cause is also based upon the pleadings anddocuments filed and to be filed in this case (the "UDR Case").