A former court commissioner fired for reportedly performing four weddings on public time wants the misdemeanor charges tossed on grounds he is being unfairly prosecuted.
Former County Court Commissioner Clark Gaylord Leslie, 55, has pleaded not guilty to four misdemeanor counts related to the June and December 2003 weddings. Defense attorney Geoff Carr is considering a motion arguing the case should be tossed for "discriminatory prosecution." The motion doesn't claim the charges aren't valid, just that prosecutors are unfairly targeting Leslie from among others who commit the same action.
Carr said the delay in hearing the motion was forced by the county who will not release marriage license information.
The motion will be heard July 15 and, if denied, a judge will then set a jury trial date for Leslie. He faces up to six months in the county jail for each count if convicted.
On July 27, 2004, Leslie was formally removed from his court job for performing the weddings. Leslie oversaw traffic court, misdemeanors and small-claims court since 2002. Commissioners essentially hold the same powers as judges aside from the right to sign arrest or search warrants. Leslie has never been admonished or cited by the State Bar.
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He reportedly took money for marrying two couples on Fridays rather than on a weekend. California law specifically prohibits judges and commissioners from accepting payment for weddings on any day other than a weekend or a court holiday.
The crux of the case against Leslie may hinge on whether the money exchanged was a direct payment or more akin to a gratuity. If a couple donates an amount to a charity of the officiant's choice as payment for the wedding no crimes were committed. If the judge or commissioner actually accepts the money - even if he or she claims it is for a charity donation - it is a crime, said Chief Deputy District Attorney Steve Wagstaffe.
Leslie is out of custody on his own recognizance. His case is considered a first for San Mateo County.
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