Monday Feb 01 2010
Judge disqualifies himself from Barry case
By: Eric J. Gourley, Journal Sports Writer
Request to stay CIF decision may not be decided by Wednesday
ROSEVILLE — A Placer County judge disqualified himself Monday morning from deciding the fate of a Del Oro High transfer locked in battle with the California Interscholastic Federation over his basketball eligibility. Placer County Superior Court Judge Charles D. Wachob faxed the notice to Barry’s attorney, Mark A. Campbell. Wachob, whose son, Bowman, was the Placer High quarterback in 2000, disqualified himself because he knows several of the school administrators involved in the case. Wachob had agreed to rule on Campbell’s request to stay the CIF decision before Del Oro’s next game Wednesday night. The judge forwarded the matter to Presiding Judge Alan V. Pineschi Monday to be assigned out. “Our biggest concern is whether Judge Wachob’s commitment to rule before the 3rd will carry over,” Campbell said. Campbell said research attorneys are likely reviewing the documents and analyzing existing law to prepare a case brief for a judge. “We know that’s where this motion went, so I’m hoping this doesn’t slow things down,” Campbell said. Campbell filed paperwork at the Bill Santucci Justice Center last Friday seeking to stay the CIF’s denial of Barry’s eligibility. The state governing body for high school sports said the decision was based on the transfer from Florida’s American Heritage being “athletically motivated.” Lawyers representing the CIF and Sac-Joaquin Section filed an opposition to the stay request Friday, also seeking to change the venue to Sacramento County. While neither side officially asked for an oral argument Friday, CIF lawyer James Scott Donald filed Monday to request one. Campbell agreed on the condition that it occur before Del Oro’s next game. If a stay is granted before the Eagles travel to Sierra Foothill League leader Woodcreek Wednesday, the 6-foot-7 Barry could finally suit up for Del Oro. He hasn’t played in a high school game since American Heritage fell to Pine Crest 62-59 in the Florida Class 3A state championship on Feb. 24, 2009.