Betsworth v. Workers' Compensation Appeals Board

Opinion

SILLS, P. J.

Introduction

“Fair trials,” wrote Hugo Black, “are too important a part of our free society to let prosecuting judges be trial judges of the charges they prefer.” (In re Murchison (1955) 349 U.S. 133, 137 [99 L.Ed. 942, 947, 75 S.Ct. 623].) One does not need to go to law school to know, as Black wrote in the same opinion, that “. . . no man can be a judge in his own case.” (Id. at p. 136 [99 L.Ed. at p. 946].)

The area of the law where judges are most likely to end up presiding over their own cases is contempt of court, where they will be both prosecutor and judge. The…