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Is Judge At Center Of Legal Battles Over OC Homeless Impartial?

A sign reading
A sign reading "Housing is a Human Right, and House the Homeless" is placed on a fence near a tent housing the homeless near the Honda Center in Anaheim, California

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Advocacy groups have been pushing several cities within Orange County to provide adequate resources for their homeless population in a suit filed in February.

In the case, Housing is a Human Right Orange County vs. The County of Orange et al., the cities of Aliso Viejo, San Juan Capistrano, and San Clemente argue that U.S. District Judge David O. Carter should step aside from the case because of his involvement in a separate suit with other Orange County cities.

The advocacy groups, however, dispute that the judge’s involvement in another similar case does not put him in a biased position.

Larry sits down with KPCC’s Orange County reporter, the counsel representing the homeless advocacy groups, and a law professor to discuss the implications of the case for Orange County’s homeless population.

We reached out to the DC-based law firm Jones Day, which is representing the cities of Juan Capistrano, San Clemente and Aliso Viejo in their motion to dismiss Judge Carter as presiding judge from the lawsuit against them. The firm is unable to join us today. We also reached out to the council members and mayors of those three cities.


Jill Replogle, KPCC Orange County reporter; she tweets @jillrep

Carol Sobel, civil rights attorney, who is representing the Orange County homeless in court.

Laurie L. Levenson, professor of law at Loyola Law School and former federal prosecutor.