Yuma County Attorney: Judge should recuse himself from DUI cases

The Yuma County Attorney's Office has filed a motion asking Judge David Cooper to recuse himself from all current and future driving under the influence cases, due to a recent alcohol-related arrest of his own.

According to the motion, Cooper was arrested on Dec. 4 by San Diego police for public intoxication at Qualcomm Stadium after a San Diego Chargers football game.

The motion to recuse states that prosecutors in the county attorney's office have no confidence that Cooper can be fair and impartial when it comes to rendering verdicts in DUI cases now or in the future.

"Although his personal conduct is troubling, the relationship of that conduct to his ruling is more troubling," the motion reads. "Judge Cooper has made rulings in DUI cases that call into question the reason for his decision, in light of his alcohol use, and his seeming disregard for laws restricting alcohol consumption."

The motion, which was filed in Yuma Justice Court last week, also points to more than 20 cases in which the county attorney's office says it believes Cooper did not rule fairly and impartially. The motion gives the various reasons it disagrees with his decisions in each of the cases.

Another reason given for Cooper to recuse himself, according to the motion, is to avoid the appearance of impropriety pursuant to judicial rules.

Chief Criminal Deputy County Attorney Roger Nelson said the county attorney's office would not be commenting on the motion.

Although he could not comment on the substance of the motion filed against him because he will be ruling on it, Cooper said he could explain the process as it moves through the court system.

Cooper said a copy of the motion has been sent to all the attorneys who currently have a DUI case before him and that they have 10 days to file a response to it.

"I don't know if any responses have been filed yet, but we have not reached the end of that 10-day period," Cooper said.

The 10-day response period for those attorneys ends Monday, according to Cooper.

Once the response period ends, Cooper said, the county attorney's office will have three days to file a reply, which will end on Feb. 13.

Cooper said anytime after that point, he can make his ruling on the motion.

"I intend to make my ruling in writing," Cooper said. "But it won't be until after the response period."

The county attorney's office has also asked to have a hearing on the motion, but Cooper said the court can decide whether to grant it or not because it is not required.

The motion also cites a DUI arrest Cooper had in June 2001, which was before he became a judge.

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James Gilbert can be reached at jgiilbert@yumasun.com or 539-6854.