San Francisco DA Blocked Judge Michelle Tong From Cases
Presiding Judge Rochelle East authorized the blanket challenge following concerns over potential judicial bias.
Updated on Oct. 7, 2026 in Criminal Justice
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The San Francisco District Attorney's office has begun refusing to present criminal cases before Judge Michelle Tong. Presiding Judge Rochelle East granted authorization for these blanket challenges following allegations that the judge remains biased against prosecutors and police.
Why it matters
The move aims to ensure that all criminal cases in the city are presided over by a judge perceived as neutral. It follows a contentious history between the District Attorney's office and Judge Tong, centered on her past tenure as a public defender.
The District Attorney's office is utilizing the 170.6 civil procedure to request case reassignments without needing to state a specific reason. Records indicate 340 cases were disrupted by a similar challenge in 2025.
The players
Michelle Tong
She is a judge serving in the San Francisco criminal court who previously worked as a public defender.
Rochelle East
She serves as the Presiding Judge of the San Francisco Superior Court.
The details
Presiding Judge Rochelle East permitted the blanket challenge after citing a 2019 interaction where Judge Tong allegedly told a prosecutor she would get even. A visiting judge replaced Judge Tong in Department 9 on Tuesday afternoon as the office prepares to continue its refusal to appear before her.
Timeline
The 2019 incident reportedly involved a comment made by Judge Tong to a prosecutor.
The District Attorney's office first initiated a blanket challenge in 2025.
A 2026 California Supreme Court decision established new rules for proving prejudice.
Presiding Judge Rochelle East issued the ruling on October 6, 2026.
Judge Tong returned to court on October 7, 2026, before being replaced.
Legal Context
This case follows a 2026 California Supreme Court decision that tightened the requirements for attorneys to prove judicial prejudice. It highlights a recurring tension in the San Francisco justice system regarding the use of procedural challenges to bypass specific judges.
The reliance on blanket challenges may result in significant delays for cases assigned to Department 9 at the Hall of Justice. Residents awaiting trial or involved in ongoing legal matters may experience scheduling disruptions as visiting judges are rotated into the courtroom.
The takeaway
The ongoing tension between the District Attorney's office and individual judges highlights the complexity of judicial impartiality in the city. Litigants should be aware that procedural challenges can create unpredictable timelines for court proceedings.
What happens next
Judge Tong is expected to return to the bench tomorrow as the District Attorney's office continues its refusal to present cases in her courtroom.
Further reading
For more on the local court system, visit the Criminal Justice section.
Source note: This article includes information reported by Mission Local.
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