The attorney for Del Oro High School transfer Remi Barry has filed a challenge on the French national's behalf to disqualify the judge who ruled against his client on Tuesday, contending that the judge's marriage to the mayor of Roseville prevented Barry from getting a "fair and impartial hearing."
Attorney Mark Campbell filed Barry's request in Placer County Superior Court today to overturn judge James D. Garbolino's decision against granting a stay to Barry in his battle with the California Interscholastic Federation.
The CIF has ruled that Barry's transfer from a Florida private school was "athletically motivated" and violated its bylaws.
The peremptory challenge contends that the denial of the stay happened before the court notified Campbell that his client's case had been assigned to Garbolino on Tuesday morning.
Barry noted that if he had been so notified, he would have filed "this challenge right away, before he denied my request."
Barry contends that since Garbolino is married to Gina Garbolino, the Roseville mayor, and that Woodcreek and Roseville high schools are located in that city and are league rivals of Del Oro, "the judge is prejudiced against me or my interest so that I believe I cannot have a fair and impartial trial or hearing before the judge."
The petition noted that Woodcreek was in first place entering tonight's game against Del Oro.
