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McAdam hears family-law cases in Chula Vista. Savala eventually pleaded guilty to that lesser charge and received a 13-year sentence. Hayes said the slayings were not premeditated murder but were committed in the heat of passion - “a classic voluntary manslaughter,” as she said.
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She was challenged soon after dismissing murder charges in the middle of a trial against Michael Savala, who was accused of fatally shooting two bouncers at a Bonita restaurant after the prosecution had presented its case. The former state and federal prosecutor now hears civil cases in downtown San Diego. Hayes was boycotted just months after Dumanis took office in 2003. But they said they use the challenge sparingly, unlike defense lawyers, who they said issue peremptory challenges far more often. The two, both former Superior Court judges, declined to discuss any specific judge who has been challenged or the reasons behind any such effort. In an interview Friday, Dumanis and her top deputy, Jesse Rodriguez, said the decision to challenge is not based only on one decision by a judge, and is done only after lengthy consideration. The challenge can also be used in a limited form, such as only on serious felony cases.
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A specific reason does not have to be given. It is done by using a peremptory challenge - a legal move available to prosecutors and defense lawyers - to block a new case from going to a particular judge.
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Boycotting a judge is seen by some as ham-handed attempt to intimidate or even bully judges.