Judge in Ex-O.C. Official’s Case Withdraws

A judge on Wednesday voluntarily disqualified himself from handling former Orange County budget director Ronald S. Rubino’s criminal case, citing personal ties to the defendant.

Orange County Superior Court Judge David O. Carter said there could be a perceived conflict because he performed Rubino’s wedding ceremony.

Presiding Judge James Smith took over the case from Carter and promptly granted a defense request to postpone Rubino’s arraignment until Jan. 24. Rubino faces two felony counts of aiding and abetting the county’s former treasurer in skimming more than $60 million of interest earnings belonging to schools, special districts and cities into a county-held investment account.

Smith released Rubino on his own recognizance. The judge said the former budget director had many personal and financial interests in the county and was not a flight risk.

Assistant Dist. Atty. Wallace J. Wade did not oppose Rubino’s release.

Rubino’s attorney asked that the arraignment be postponed so he could review the charges and consider filing motions seeking to dismiss the grand jury indictment and disqualify both the Superior Court and the district attorney’s office because of conflict of interest.

On Wednesday, Smith suggested that he might have to be recused from the Rubino case because he had several contacts with Rubino when Rubino was the county’s budget director.

Rubino was indicted by the grand jury earlier this month on charges of aiding and abetting former Treasurer-Tax Collector Robert L. Citron in the interest diversion scheme. Citron has pleaded guilty and is awaiting sentencing. If convicted, Rubino faces up to nine years in prison.