Judge Tong Disqualified in DA Blanket Challenge
Presiding Judge Rochelle East ruled the District Attorney’s office may continue to block Judge Michelle Tong from cases.
Updated on Oct. 7, 2026 in Criminal Justice
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Criminal proceedings in San Francisco faced disruption after the District Attorney’s office refused to present cases before Judge Michelle Tong. Presiding Judge Rochelle East subsequently authorized the office to issue blanket challenges against the judge, citing a past courtroom interaction.
Why it matters
This ruling highlights an ongoing tension between the District Attorney’s office and the judiciary at the Hall of Justice regarding allegations of bias. It remains an open question how these procedural moves will affect case backlogs and the efficiency of the local criminal justice system.
The District Attorney’s office previously used this challenge strategy in 2025, resulting in 340 cases not being heard. Whether future proceedings will continue to bypass Department 9 remains unresolved.
The players
Michelle Tong
A judge at the Hall of Justice who formerly served as a public defender.
Rochelle East
The presiding judge who authorized the District Attorney's blanket challenge.
District Attorney's office
The agency responsible for prosecuting criminal cases in San Francisco.
The details
The District Attorney's office utilized the 170.6 civil procedure to request case reassignments without stating a specific reason, alleging that Judge Michelle Tong is biased against police and prosecutors. Presiding Judge Rochelle East approved the blanket refusal based on a reported 2019 incident where Judge Tong allegedly told a prosecutor she would get even. A visiting judge replaced Judge Tong in Department 9 on Tuesday, though she is expected to return to the bench.
Timeline
In 2019, Judge Tong reportedly told a prosecutor she would get even.
The District Attorney’s office first launched a blanket challenge against Judge Tong in 2025.
In 2026, the California Supreme Court ruled on separation of powers and judge disqualification.
On October 6, 2026, Presiding Judge Rochelle East ruled on the DA's challenge.
On October 7, 2026, Judge Tong returned to court and was replaced by a visiting judge.
Across the Bay
This ruling follows the 2026 California Supreme Court precedent by addressing the requirements for proving prejudice in judicial disqualification. It marks a significant development in how the local court navigates the separation of powers between the bench and the prosecution.
If you have a case pending in Department 9 at the Hall of Justice, be aware that your hearing may be handled by a visiting judge. Future court appearances may remain subject to reassignment as the District Attorney’s office maintains its challenge policy.
The takeaway
The District Attorney’s policy of issuing blanket challenges creates continued uncertainty for cases handled in Department 9. Residents with active cases should monitor the court docket to confirm which judge is presiding over their scheduled hearings.
Further reading
For more coverage on court operations, visit Criminal Justice.
Source note: This article includes information reported by Mission Local.
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