Is a January 6th Hearing a Window into Tammy Kim’s Election Crime Case?

December 29, 2025 Dan Chmielewski Uncategorized 0

Tammy Kim's Thanksgiving at her District 3 Home
Tammy Kim’s Thanksgiving at her District 3 Home in 2024

TheLiberalOC has learned that former Irvine City Council member Tammy Kim will appear in Court January 6 at the Harbor Newport Beach courtroom on a Motion for Mental Health Pre-Trial Diversion suggesting that her defense may be tied to a possible mental health issue that some sources suggest is a “temporary instanity” plea.

Kim, a former Irvine City Council member (2020–2024) and 2024 mayoral candidate, was charged in May 2025 by the Orange County District Attorney with 10 felony counts and 1 misdemeanor related to alleged residency fraud during her time in office and elections.Key Details of the ChargesProsecutors allege Kim falsely claimed residency in Irvine’s District 5 starting in May 2024 by changing her driver’s license and voter registration to addresses she did not live at (including one belonging to a family unaware of the arrangement). Her actual residence was reportedly in District 3.The charges include:

  • 3 felony counts of perjury by declaration
  • 3 felony counts of filing a false document
  • 1 felony count each of:
    • Public official aiding illegal voting
    • Filing false nomination papers
    • Knowing registration of an ineligible voter
    • Voter registration fraud
  • 1 misdemeanor count of making a false statement

These stem from her actions while serving on the council, running for mayor (which she lost in November 2024), and voting in the 2024 general election from the alleged false address.Background and Potential ConsequencesEarlier in 2025, a lawsuit challenged her residency for a special District 5 council election; she withdrew in February 2025 amid the challenge and denied wrongdoing. The criminal charges focus on the 2024 events.If convicted on all counts, she faces up to 10 years and 8 months in prison. A felony perjury conviction would permanently bar her from holding public office in California.Kim pleaded not guilty and plans a vigorous defense, according to reports from her attorney.As of late 2025, the case remains ongoing, with no reported trial or resolution.

If the Kim defense is “temporary insanity,” the court is going to have to determine when the abuse began and what her votes on Irvine City isssues mean in addition to the criminal charges against Kim for her vote in 2024 at an address the tennant says she did not reside.
Kim’s lone supporter on the City Council that the time was Dr. Kathleen Treseder and a ruling on mental health puts Treseder is a tough position.  If Kim had mental health issues in Fall of 2024 regarding her election residence decisions, was Tresder aware of these issues as Kim cast votes affecting Irvine residents?  Current council member William Go, in District 2, removed Kim as a finance commissioner in 2025 when he learned of OCDA charges against Kim.  But online comments on the case pointed to Go for letting Kim borrow his truck so she could move furniture into the January 2025 address Kim secured in district 5 so she could be eligible to run for the open city council seat.
Here’s the court paperwork:
Case Summary
Case Number: 25HF1196
OC Pay Number: 11927155
Originating Court: Harbor – Newport Beach Facility
Pay or Appear by:
Traffic School Completion Date:
Next Payment Date:
Defendant: Kim, Tammy
Demographics:
Eyes: Brown
Hair: Brown
Names:
Last Name First Name Middle Name Type
Kim Tammy Real Name
Case Status:
Status: Open
Case Stage:
Release Status: Released on Own Recognizance
Warrant: N
DMV Hold : N
Charging Document: Complaint
Mandatory Appearance: Y
Owner’s Resp: N
Amendment #: 0
Counts:
Seq S/
A
Violation
Date
Section
Statute OL Violation Plea Plea Date Disposition Disposition
Date
1 0 05/06/2024 118(a) PC F Perjury NOT
GUILTY 08/26/2025
2 0 05/06/2024 118(a) PC F Perjury NOT
GUILTY 08/26/2025
3 0 08/06/2024 118(a) PC F Perjury NOT
GUILTY 08/26/2025
4 0 05/06/2024 115(a) PC F
Procure or offer false or forged
document to be filed, registered, or
recorded
NOT
GUILTY 08/26/2025
5 0 05/06/2024 115(a) PC F
Procure or offer false or forged
document to be filed, registered, or
recorded
NOT
GUILTY 08/26/2025
6 0 08/06/2024 115(a) PC F
Procure or offer false or forged
document to be filed, registered, or
recorded
NOT
GUILTY 08/26/2025
7 0 11/05/2024 18501 EL F Public official aiding illegal casting of
votes
NOT
GUILTY 08/26/2025
8 0 08/06/2024 18203 EL F File fraudulent nomination papers NOT
GUILTY 08/26/2025
9 0 11/05/2024 18560(a) EL F Not being entitled to vote at an election NOT
GUILTY 08/26/2025
10 0 05/06/2024 18100(a) EL F Voter registration fraud NOT
GUILTY 08/26/2025
11 0 05/06/2024 20 VC M Making false statements NOT
GUILTY 08/26/2025
Participants:
Role Badge Agency Name Vacation Start Vacation End
Retained Attorney CA Hahn, Caroline
District Attorney OCDA Heslep-Morrissey, Heather
District Attorney OCDA Piana, Matilde
Scheduled Hearing:
Date Hearing Type – Reason Courtroom
01/06/2026 Motion Mental Health Pre-Trial Diversion CCB1
01/15/2026 Pre Trial – H1
02/11/2026 Preliminary Hearing – H1
Heard Hearings:
Date Hearing Type – Reason Courtroom Hearing Status Special Hearing Result
05/23/2025 Arraignment – H1 Heard Waives arraignment today
Firefox https://visionpublic.occourts.org/PrintCase.do
1 of 2 12/29/2025, 12:46 PM
07/17/2025 Arraignment – H1 Heard Waives arraignment today
08/26/2025 Arraignment – H1 Heard 10 court days/60 calendar days
10/28/2025 Pre Trial – H1 Heard Reasonable Time Waiver
Firefox https://visionpublic.occ
Superior Court of California
County of OrangePROCEDURAL GUIDELINES FOR MENTAL HEALTH DIVERSION

Statutory Overview of Mental Health Diversion, Penal Code 1001.36:
Pursuant to Penal Code 1001.36, the court may order a defendant who meets specific requirements into diversion for unique mental health treatment to support needs of individuals with mental disorders. The court may grant pretrial diversion on misdemeanor and felony offenses (with the exception
of specified misdemeanor and felony offenses). If the Court grants diversion, the Court will order periodic progress reviews for the defendant, and the mental health treatment provider shall provide regular reports to the court, the defense, and the prosecutor on the defendant’s progress in treatment. The defendant
must plead not guilty to the charge(s) and waive their right to a speedy trial. If the defendant performs satisfactorily in diversion, at the end of the period of diversion, the court shall dismiss the defendant’s charges. Pursuant to Penal Code 1001.36(f)(c)(i)(ii) the period for diversion on a felony shall be no longer
than two years and the period for diversion on a misdemeanor shall be no longer than one year.

The court will grant pretrial diversion if the court is satisfied that all of the following criteria are met (see Cal. Pen. Code 1001.36(b)(1)(c)(1)(2)(3)(4); (f)(1)(A): (A) The defendant suffers from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (with the exception of certain specified disorders). Evidence of the defendant’s mental disorder shall be provided by the defense and
shall include a diagnosis or treatment for a diagnosed mental disorder within the last five years by a qualified mental health expert.
(B) The defendant’s mental disorder was a significant factor in the commission of the charged offense. If the defendant has been diagnosed with a mental disorder, the court shall find that the defendant’s mental disorder was a significant factor in the commission of the offense unless there is clear and convincing evidence that it was not a motivating factor, causal factor, or contributing factor to the defendant’s involvement in the alleged offense.
(C) In the opinion of a qualified mental health expert, the defendant’s symptoms of the mental disorder motivating the criminal behavior would respond to mental health treatment.
(D) The defendant consents to diversion and waives the right to a speedy trial, unless a defendant has been found to be an appropriate candidate for diversion in lieu of commitment pursuant to clause (iv) of subparagraph (b) of paragraph (1) of subdivision (a) of Section 1370.
(E) The defendant agrees to comply with treatment as a condition of diversion.
(F) The defendant will not pose an unreasonable risk of danger to public safety, as defined in Section 1170.18, if treated in the community.
(G) There is a treatment plan in place that meets the specific needs of the defendant.Determination of Eligibility and Decision to Divert:
1. Defendants desiring diversion should timely file and serve a motion for diversion pursuant to section 1001.36, as follows:

a. All motions shall include a proposed treatment plan.

b. Motions must be filed electronically by email at: MentalHealthDiversion@occourts.org.

c. Motions must be served on the District Attorney’s office via email at: MentalHealth@ocdapa.org.

d. Defense counsel should attach all evidence to support a finding of eligibility and why the defendant is suitable for diversion.
e. Upon filing of a Mental Health Diversion motion, CCB1 staff will set the matter for hearing as soon as practicable on a Tuesday at 8:30 AM in CCB1. A Notice of Hearing will be emailed to the prosecution and defense counsel with the scheduled date and time.
2. Hearings will be conducted to determine eligibility and whether the court should exercise its discretion to divert the defendant.
a. The first hearing will include a discussion of the prosecution’s position on the motion, including whether the prosecution opposes the motion, and potentially a discussion of the treatment plan and whether any additional information is needed.
b. The court may continue the hearing for further discussion and supplemental information or may set the motion for a contested hearing. Contested hearings will be set either on a Tuesday at 1:30 PM in Department CCB1, Thursday at 9:00 AM or 1:30 PM in Department C58, or a Friday at 8:30 AM in Department C27.
c. If the court ultimately denies the motion, then the case remains on the standard litigation track and will be set for a future hearing in the appropriate department at the originating justice center.
d. If the court grants the motion, the court will order a treatment program and monitoring of the defendant as indicated below.
3. Companion cases: If the court grants the motion, standard case packaging rules for defendants in collaborative courts will apply, as follows:
a. All pending felony and misdemeanor probation violations, adjudicated felony and misdemeanor cases, and unadjudicated misdemeanor matters will be packaged and sent toDepartment CCB1, along with the case on which diversion was ordered.
b. The judicial officer in Department CCB1 may order unadjudicated cases or charges back to the originating justice center for further proceedings, if deemed appropriate.
Placement in a Treatment Program and Monitoring Performance:
If the decision is made to divert the defendant, the judicial officer in Department CCB1 will order the
defendant placed in a specific treatment program and monitor their performance as follows:
1. The court will determine the requirements of the treatment program and order the defendant
to comply with that program.
2. The court will oversee the defendant’s performance and determine if they are performing
satisfactorily in the assigned program.
3. The court will hold periodic progress review hearings on Thursdays at 8:30 AM in Department
CCB1. Unless otherwise ordered, the defendant and counsel shall be at the progress
reviews.
4. No later than the Monday before each progress review hearing, defendant shall file with the
court and serve on the prosecutor, reports from the treatment providers regarding defendant
progress in the treatment program. Those progress reports shall be emailed to the court and prosecutor at the email addresses set forth above.
5. If any of the circumstances in subdivision (g) of section 1001.36 exist (including that the defendant is performing unsatisfactorily in the program), the court will conduct a hearing to determine whether criminal proceedings should be reinstated. If the court orders criminal
proceedings reinstated, the defendant’s case(s) will be transferred back to the originating justice center.
6. If the defendant has performed satisfactorily, at the end of the period of diversion, the court shall dismiss the criminal charges that were the subject of the criminal proceedings at the time of the diversion, and the clerk of the court will file the appropriate report with the
Department of Justice
If convicted on all counts, Kim is looking at 10 years and 8 months in prison.
There are court dates that go into February 2026.  It is uncertain when the trial will begin.

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