Ross Mirkarimi was quietly sworn in Saturday night as San Francisco Sheriff in a private ceremony just a day after news broke of an investigation into a New Year's Eve domestic violence incident involving Mirkarimi and his wife. The judge asked to administer the oath of office to Mirkarimi refused to do so, however, citing the possibility of a conflict down the line should Mirkarimi's abuse case come before her court.

Superior court judge Katherine Feinstein declined to take part in the public swearing-in ceremony on Sunday at the Herbst Theater, and sent an email to the Chronicle explaining her move. Feinstein is one of multiple officials who will be put in awkward positions regarding this investigation as it moves forward. It will be up to the DA's office whether to press charges, and one expert has already said that the incident — which allegedly resulted in Mirkarimi's wife having a bruised arm — sounds like it veers toward misdemeanor territory, if that.

In Feinstein's stead, former mayor Art Agnos, a close ally of Mirkarimi's, administered the oath.

At the event on Sunday, Mirkarimi appeared with his son and wife, former Venezuelan telenovela star Eliana Lopez, saying only that the incident was a "private matter," and Lopez interjected that it was "completely wrong" and "taken out of context."

The neighbor who first reported the incident has been identified as Ivory Madison. She says that she videotaped the bruising on Lopez's arm at Lopez's request, but is also refusing to hand over the video at Lopez's request.

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