Count Dropped Against Judge; 2 Still Stand

One of three ticket-fixing charges against Beverly Hills Municipal Judge Charles D. Boags was dismissed Thursday, but a specially appointed judge let stand two other counts.

The count thrown out by retired Torrance Municipal Judge Mark Wood charged that Boags, 57, violated a section of the state Government Code that prohibits a public official from having any interest “which is in substantial conflict with the proper discharge of his duties. . . .”

Boags’ attorneys, Johnnie L. Cochran Jr. and Richard G. Hirsch, argued that the statute has never been tested in the appellate courts, that its language is vague and that it should rightfully apply only to state legislators.

Wood did not state the grounds for his ruling. However, in questioning Deputy Dist. Atty. Richard Healey, Wood cited the law’s legal history, which indicated that the Legislature did not discuss its applicability to state judges.

Charges Healey called “the heart of the case”--conspiracy to obstruct justice and failure to perform a duty required by law--remain. Because they are misdemeanors, Boags remains on the bench, but he is restricted to hearing civil cases.

Prosecutors allege Boags improperly suspended fines on 207 parking tickets issued to his son or the youth’s friends. If convicted, he could face up to a year in jail.