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BURGLAR ALARM POLICY INDUSTRY GROUP WANTS JUDGE REPLACED.


Byline: Mariel Garza Staff Writer

An attempted break-in at a judge's Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  home has given the alarm industry a second chance to win a judgment blocking the LAPD's new policy of nonresponse to burglar BURGLAR. One who commits a burglary. (q. v.)  alarms.

On May 8, Los Angeles Superior Court Judge David Yaffe heard arguments lodged by the Greater Los Angeles Security Alarm Association challenging the Police Commission's new policy of not sending police officers to most tripped burglar alarms. Yaffe did not issue a ruling but indicated he was going to find in the city's favor.

But after a May 11 incident at the judge's home - an aborted a·bort  
v. a·bort·ed, a·bort·ing, a·borts

v.intr.
1. To give birth prematurely or before term; miscarry.

2. To cease growth before full development or maturation.

3.
 break-in was originally ruled a false alarm until investigators found a screen removed - Yaffe called both sides into his office and asked them to seek his disqualification dis·qual·i·fi·ca·tion  
n.
1. The act of disqualifying or the condition of having been disqualified.

2. Something that disqualifies: illness as a disqualification for enlistment in the army.
 if they saw fit.

GLASAA attorney Arthur Fine Arthur Fine (b. 1937) is an American philosopher of science teaching at the University of Washington. Before moving to UW he taught for many years at Northwestern University and, before that, at Cornell University and the University of Ilinios- Chicago.  said his clients asked to disqualify To deprive of eligibility or render unfit; to disable or incapacitate.

To be disqualified is to be stripped of legal capacity. A wife would be disqualified as a juror in her husband's trial for murder due to the nature of their relationship.
 Yaffe because they had not had a chance to object to his tentative ruling and thought his first-hand experience cast a reasonable doubt on his impartiality.

City Attorney spokesman Eric Moses said his office did not think it necessary to replace Yaffe.

``Our opinion is they were grasping at straws,'' Moses said of GLASAA's request. ``They already heard the tentative ruling and were looking to get another bite at the apple.''

Yaffe told the lawyers he doesn't think he ought to be disqualified dis·qual·i·fy  
tr.v. dis·qual·i·fied, dis·qual·i·fy·ing, dis·qual·i·fies
1.
a. To render unqualified or unfit.

b. To declare unqualified or ineligible.

2.
. Now, both sides need to pick a neutral judge to decide whether he should be removed from the case, a ruling that may come next week.

Police had adopted the nonresponse rule of conduct earlier this year as a way to free up officers' time, since more than 90 percent of all residential or commercial burglar-alarm calls prove to be false alarms. The policy is set to go into effect July 1 if the Police Commission does not accept revisions to make it less strict, which top police officials are urging.

Mariel Garza, (213) 978-0390

mariel.garza(at)dailynews.com
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Publication:Daily News (Los Angeles, CA)
Date:Jun 6, 2003
Words:326
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