Judge asks probe into
allegations on Felix decree

---

By Crystal Kua
ckua@starbulletin.com

U.S. District Judge David Ezra said today he will ask the Justice Department and the city Prosecutor's office to look into whether criminal charges are warranted in allegations raised in a report by a state legislative investigative committee.

Ezra said he has no evidence of criminal conduct but wants an independent body to look at the allegations made by the Joint Senate-House Investigative Committee examining money spent by the state in complying with the Felix consent decree, a federal mandate to improve special education.

The judge said he would make the referral after raising potential conflict of interest concerns in the "multiple roles" played by the state attorney general's office, which has been asked to determine whether there is any criminal wrongdoing stemming from the allegations contained in the report.

The Attorney General's Office also represents the investigative committee in legal action aimed at enforcing subpoenas the committee issued and which Ezra has quashed.

State attorneys are also involved in representing the governor and the state departments of education and health in the main lawsuit that resulted in the consent decree.

Ezra said he wants to make the referral to remove the investigation from the "political arena" during an election year by having independent prosecutors look at the evidence. He also wants to make sure people's constitutional rights will be protected and that the public will have confidence in the outcome.

"And the people deserve that, in my view," Ezra said.

Ezra said he has no problems with the investigative committee looking into the spending issues, but allegations made in the investigative report are so "sensational" in nature that a conclusion one way or another by a "disinterested" party needs to be made.

"I think it has to be followed up," Ezra said.