A decision on whether Westminster City Councilmember Amy Phan West will be allowed to take part in a court diversion program in order to resolve a misdemeanor bribery charge was delayed on Thursday, after some community members signaled their opposition to the potential court deal.
West is accused of trying to persuade a city parking control officer to not tow her husband’s Jeep by referencing her friendship with the city police chief and telling the officer that she was a council member advocating for raises for police. The vehicle, which had been reported “abandoned” on a city street, is alleged by prosecutors to be tied to a car rental business West and her husband are believed to run through a car-sharing app.
West previously pleaded not guilty the misdemeanor charge. Earlier this month, her attorney filed a request for West to be allowed to enter a court diversion program. While the request itself is sealed, diversion programs generally allow defendants to avoid time behind bars.
A group of Westminster residents submitted a statement to the court opposing the diversion request. They accused West of “using political influence to obstruct law enforcement,” noted that West and her husband had numerous parking violations and unpaid parking tickets, and accused the couple of previously invoking her elected position to avoid citations or tows.
Orange County Superior Court Judge Scott Van Camp — who presides over the arraignment court in Westminster where West’s case was heard on Thursday morning — decided to continue the hearing to next month so that it could be transferred to a trial court judge. He noted that his courtroom hears numerous cases on a daily basis, and suggested the diversion program decision needs a judge who has the time to conduct a full hearing.
After the hearing, Terry Rains, a Westminster resident and city watchdog, said she was concerned that a diversion program could allow West to ultimately scrub any conviction from the court record. She described the judge citing their statement and presence in the courtroom in deciding to delay the diversion decision as a “small victory.”
“Elected officials, just like police officers, are held to a higher standard, and rightfully so,” Rains said. “I just don’t want to see any kind of optics of preferential treatment by the court.”
Last year, West was censured by her council colleagues for “unacceptable conduct,” including texting while on the dais, berating members of the public, wasting taxpayer money and trespassing in a construction zone. West, along with another council member, was later sued by the city for allegedly disrupting meetings and impairing government business.
