Attorney files to disqualify Barry judge

Del Oro transfer still hoping to play as season winds down
By: Eric J. Gourley, Journal Sports Writer
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ROSEVILLE — An attorney for a Del Oro High transfer student filed a peremptory challenge Wednesday to disqualify a judge who upheld a denial of the student’s athletic eligibility less than 24 hours earlier. Attorney Mark A. Campbell filed a two-page statement from French native Remi Barry, whose basketball fate appeared to have been decided Tuesday when Placer County Superior Court Judge James D. Garbolino rejected a request to temporarily overturn the California Interscholastic Federation’s denial of Barry’s basketball eligibility. The Sac-Joaquin Section and CIF determined that Barry’s transfer was “athletically motivated” under its bylaws, and Garbolino upheld the decision. In paperwork filed Wednesday at the Bill Santucci Justice Center, Barry asserts a belief that Garbolino “is prejudiced against me or my interest so that I believe that I cannot have a fair and impartial trial or hearing before the judge.” Barry cites the judge’s marriage to Roseville mayor Gina Garbolino in the filing. “Woodcreek High School and Roseville High School are both located in Roseville,” the statement reads. “My high school, Del Oro, is scheduled to play two of the six remaining league games against those schools.” Another factor that contributed to the disqualification filing was the hasty delivery of Judge Garbolino’s decision Tuesday morning to reject the stay, Campbell said. “The strange thing was the order was made before notice of who it was assigned to was even sent out,” Campbell said. “With normal application of this, you would get notice that it’s going to be given to a particular judge and at that time you make a decision whether or not you’re going to disqualify them. That’s part of the checklist you carry around in your head when you practice law.” The peremptory challenge, under California Code of Civil Procedure Section 170.6, alleges bias or prejudice and is most commonly applied to eliminate potentially unfair jurors during a selection process. “Whether or not there’s some argument that can be made that it doesn’t apply or shouldn’t apply here is really only limited by the imagination of the attorneys working on it, or in this case the judge,” Campbell said. The 6-foot-7 Barry still hopes to become eligible to take the court for Del Oro this winter. Only five regular season games remain on the Golden Eagles’ schedule after they beat Sierra Foothill League leader Woodcreek on the road Wednesday night. Campbell has reserved a hearing Friday in Department 3 of Auburn’s Historic Courthouse at 8:30 a.m. “I intend to use it,” he said. “I’m doing it because the motion I intend to make should be granted.”