Jeremiah F. Manning v. Lucy J. Kim
I. The public record shows that Judge Susan Greenberg of the California Superior Court of San Mateo County accepted campaign contributions from Respondent's attorneys well in excess of the statutory limit ($1500) that required her disqualification and she declined to recuse herself and failed to disclose this to Petitioner for over a year thereby depriving him of the exercise of his peremptory challenge as provided to him by California law, and then refused to recuse herself upon motion, instead striking Petitioner's disqualification motion and later entering judgment on child custody against Petitioner. The question presented is whether Judge Greenberg's refusal to recuse herself and failure to timely and accurately disclose the campaign contributions to the Petitioner violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
II. The record also shows that Judge Greenberg accepted campaign contributions from Respondent's attorneys well in excess of the $100 that under California law required Judge Greenberg to timely and accurately disclose them, and that Judge Greenberg failed to disclose them for over a year in contravention of said statute while making ruling after ruling against Petitioner, including rulings involving the fundamental Constitutional rights to an attorney and cross-examination, and then made an incomplete, inaccurate and misleading disclosure after the child custody phase of trial had been completed and subsequent to her almost contemporaneous recusal of herself for the same reason in a similar matter also involving child custody. The question presented is whether Judge Greenberg's failure to recuse herself where she had accepted excessive campaign contributions and failed to disclose them as required by law, but did contemporaneously recuse herself in a similar matter where both parties were represented by counsel, violated the Fourteenth Amendment.
Whether Judge Greenberg's refusal to recuse herself and failure to timely and accurately disclose campaign contributions violated the Due Process and Equal Protection Clauses