Modoc Superior Court Dismisses Domestic Violence Case Due to Judicial Shortage
ALTURAS, CA — “Thursday, February 27, 2025, Modoc Superior Court Judge Wendy Dier dismissed a criminal case against defendant Angela Totten, stating that the reason for the dismissal was due to the State of California failing to provide a second judge to Modoc County for over a year. Totten was charged with Battery, Battery on a Spouse, and Resisting Arrest, which when combined, carry a sentence of up to two and a half years in County Jail.
Judge Dier explained that the local court had been operating with one judge since 2023 and stated that the reduction in judicial officers had a significantly negative impact on the court’s ability to manage its increasingly heavy calendar, despite the assignment of visiting judges from other counties. Totten’s attorney, local public defender, Stephen King, filed a motion for dismissal on February 17, citing that Ms. Totten’s constitutional right to a speedy trial had been violated.
Although the District Attorney’s Office was not allowed to conduct an evidentiary hearing on the cause of the court’s congested calendar, they did note that the judge had twice vacated jury trials in the matter without giving prosecutors the opportunity to be heard although the office was prepared to proceed.
“This dismissal is a key example of the institutional roadblocks preventing not only the District Attorney’s Office, but also law enforcement from holding criminal offenders in Modoc County accountable for their actions,” stated District Attorney Salarno. “Our office works hard to ensure we are prepared to move forward on all criminal matters presented upon the court,” she added, nothing that although we cannot prevent the court from dismissing matters for the reason provided, the public still has the right to be informed.
Governor Newsom recently appointed Fall River Mills Attorney, Randall Harr as a new Modoc County Superior Court Judge being sworn in Friday, February 28, 2025.
The District Attorney’s Office is hopeful that the appointment of an additional judge will help to reduce the backlog of cases, minimize continuances in cases, and bring justice and accountability back to the courtroom.
It is the mission of the Modoc County District Attorney’s Office to seek truth and justice by fairly and ethically prosecuting crimes, upholding public safety, bringing community empowerment to our residents and always ensuring the rights of victims are prioritized”
