You be the Judge

Local elections are just around the corner

BY ANNE QUINN AND ANDREA ROOKS

Voting for judge is the only way that citizens ensure themselves of a fair trial, yet most voters are reluctant to pick a candidate for judge.

Most voters choose judges the way high school students race through the last five minutes of the SAT exam: filling in the blanks quickly and randomly, or not at all.

Yet the alternative – having judges assigned as political appointees – has so much more potential for corruption, that voting for judge is a downright patriotic act.

"To make a good judge, a person must have experience both in law and in life," says Don Ernst, president of the San Luis Obispo County Bar Association. "It takes someone well-educated with a great knowledge of law to understand how businesses and people work. But the best judges are also wonderful human beings. "

Public defender James Macguire, who has defended notorious criminals such as Rex Allan Krebs, says he looks for "a judge who is open minded and willing to listen, truly someone who doesnít pre-judge." Maguire also favors a judge who has studied the issues "so we are all up to speed and on the same page."

Seven candidates are competing for SLO County Superior Court Judge: Terrence O’Farrell, Charles L. Carson, John A. Trice, Betty R. Sanders, Jacqueline Frederick, Walter Millar and Dale Gustin.

The most experienced candidate is Terrence O’Farrell, who has practiced both civil and criminal law for 27 years, and participated in 150 jury trials. He has tried eight murder cases, four as a prosecutor and four as a defense attorney. O’Farrell was defense counsel in the Dennis David Webb murder case (Trice, one of his opponents for judge, was prosecutor).

O’Farrell’s priorities include expanding drug court to include juvenile offenders; shortening waiting time in the courts; and encouraging alternative dispute resolution.

Charles L. Carson is a civil trial lawyer, eager for new challenges. "The next judge should be a trial attorney – they work with judges on a daily basis," said Carson. "A trial lawyer is a mirror image of what a judge does; there is no better training."

Carson’s priorities are to improve public access to affordable legal service; provide the public with more education to reduce substance abuse; and maintain community service with a strong law and order program.

According to Carson, the next judge should also be a civil lawyer. Conveniently, that would eliminate Deputy District Attorney John A. Trice from the race. Trice is famous for going after the most egregious criminals in SLO County, such as Krebs and Webb, and asking for and winning death penalty convictions. He is also known for winning a second-degree murder conviction of the drunken driver who killed four-year-old Andrea Harris. (There have been five drunken driving murder prosecutions in the history of SLO County and Trice has tried two of those cases.)

Trice is also a Lieutenant Colonel in the Air Force reserve. As a military Judge Advocate General, he handled environmental, personal injury and labor law cases.

His priorities follow a law and order line: increasing security in the courthouse; saving the county money by employing a multi-departmental approach to probation cases; and modifying public defender programs to guarantee that only the needy receive free legal services.

Betty R. Sanders says that unfortunately, lack of money is the greatest threat to a citizen’s right to a fair trial. Her priority is "making the legal system fair and assessable to all by encouraging the use of alternative dispute resolution."

Sanders went to law school at night while working as a registered nurse, and then worked in a general law practice for 22 years

She has handled every type of case, except criminal. Recently, she has specialized in elder law.

Elder law has a gentle sound to it, but that can be deceptive, as Sanders discovered at the hands of an infuriated plaintiff who found himself at the losing end of a contested will defended by Sanders. To get back at Sanders, the plaintiff secreted libelous fliers into circulated copies of the Feb. 21 issue of New Times.

Just as she confronts tough cases, Sanders also deals head-on with the gender issue. "Itís no secret that SLO County is behind the curve when it comes to gender on the bench."

Only one other woman is running for judge. Jacqueline Frederick claims in her ballot statement that she is the "most experienced trial lawyer in the race," although she has no criminal prosecution or defense experience, and her civil practice has been limited to product liability, malpractice, negligence, real estate, land use and environmental law. She has handled only 40 cases in her career – although in the legal arena, where cases can go on for years, numbers may be misleading. When asked how she can claim to be the most experienced of the candidates, she points to the "complexity of the cases" she’s handled.

"I have a passion for law and a passion for helping people," Frederick says, describing her law career as one that has focused on victims. "In my 18 years of practicing law, I’ve observed an increased cynicism in people toward the legal system." Frederick vows to change that.

Frederick, who sits on the Nipomo Advisory Council, is known for her efforts in creating "Olde Town Nipomo." In her community work, she believes that she is forthright in hearing others’ concerns, and letting them know the basis for her decisions.

Frederick listed her priorites as, "access of the courts to the public, insuring that truth and justice are paramount in the courtroom; and making sure the law is administered with integrity."

Walter Millar spent a decade as a San Diego City police officer. He was "seduced by the law," as a result of night school classes he attended in order to make himself a better officer. "I found it intriguing," he says. Most of his law career focused on product liability cases involving multiple deaths.

He says that he would bring to the bench an understanding of people, and an ability to be fair and impartial. His priorities are to be effective and efficient, and to respect the public service of citizens serving jury duty. He is a member of the San Luis Coastal Unified School District Board, a position he would have to relinquish should he win the race for judge.

The only candidate who is certified to serve in the juvenile court is Dale Gustin, a former blue-collar worker. He has practiced law since 1979, handling a variety of both criminal and civil cases.

He says he had to miss one candidate forum because he went to Long Beach to rescue a minority family that had been "kicked out of their home by the [Long Beach] district attorney due to an illegal foreclosure." Like Carson, Gustin would like to start a series of lectures and seminars to educate the public about the courts. "We have the best [legal] system in the world," he says, "but I don’t think that average people think so."

At a recent debate hosted by the SLO County Bar Association, a questioner from the audience asked each candidate to choose one word – just one – that captures an essential quality of a good judge.

Sanders objected to being boxed in by such a question, but complied by answering: patience. Down the line, they responded. Gustin: compassion; O’Farrell: fair and impartial; Carson: experience; Trice: common sense; Frederick: understanding and working cooperatively with all people of all races and economic groups.

No one said succinct.

Proposition 40: Thinly disguised land grab?

County Supervisor Harry Ovitt spoke out against Proposition 40 at a recent Board of Supervisors meeting. Ovitt said that he was reluctant to support another park bond that calls itself California Clean Water, Clean Air and Safe Neighborhood Parks, when in fact the bond money would be used in a land grab.

Referring to Proposition 12, a similar bond overwhelmingly passed by voters in March 2000, Ovitt noted that supporters believed it would bring more neighborhood parks and new infrastructure to deliver water. In fact, he says, the money was used to purchase land in remote areas that few voters visit.

Ovitt is partly right, according County Parks Supervisor Pete Jenny, Atascadero Community Development director Geoff English, Arroyo Grande Parks and Recreation director Daniel Hernandez and Kara Smith of the Nature Conservancy.

The part that Ovitt got right, according to Nature Conservancy director Kara Smith, is that eventually Prop. 12 dollars will go toward the purchase of the Chimineas, a 13,000-acre wildlife corridor.

Most recently, the Nature Conservancy purchased the ranch, but the Conservancy’s Smith says that her agency will sell it to the Fish and Game Department. Fish and Game will fund the purchase, in part, using Prop. 12 funds when they become available. Of total Prop. 12 funds, $4 million will go to the purchase of the Chimineas, and $13 million to buy the Irish Hills for a state park.

Some of the money from Prop. 12 – and also from Prop. 40 on the current March 5 ballot – is set aside for protection of key habitat. But most of the money from Prop. 12 and Prop. 40 is distributed on a per capita basis to every city and county in the state for local parks, rather than large land acquisitions, explains County Parks Director Pete Jenny.

That means that Proposition 40 will bring to local parks $220,000 for each city, with an additional $125,000 for the City of San Luis Obispo, because it qualifies as an urban area. "Obviously, there will be significant return for this County," Jenny says.

The reason that Ovitt and local residents may not feel there has been much money spent on local parks is that the Prop. 12 money is just coming in now, Jenny says. "For years in California, we were passing statewide parks bonds each year. But after 1988, thatís it, the money dried up. The infrastructure to put programs together fell by the wayside.

"We just bought acreage in Santa Margarita Lake ... that prevented a private developer from building right next to the public campground. We have a $3 million backlog of projects in Lopez Lake alone. We are using Prop. 12 money to add a new lifeguard station at the beaches in Cayucos and Morro Bay, [and] to expand and restore the Cayucos Vets Hall."

"Prop. 12 money has been of great benefit to the City of Atascadero," says Community Services director Geoff English. "We received $234,000 for local projects. We’ve renovated and painted bathrooms, enhanced facilities that were in need of repair. Prop. 12 was set up with very specific allocation to make sure that the money wasnít used for pet projects."

Proposition 40 is structured in the same way. Local parks directors say they need it. Conservancy groups will use the part that’s available to them for land purchases, if the voters give their OK. "Prop. 12 barely scratched the surface," says English.

Congress, 23rd District

Local congressmen (and women) bring many federal issues home – and keep others away. With that responsibility in mind, the candidates for the 23rd District, which stretches along the coast from Cambria to Camarillo, have giant goals and high hopes, both within and outside the traditional political structure.

"We need a leader in Congress," Beth Rogers said. "The Central Coast is a very special place, and it is affected daily by decisions made 3,000 miles away in Washington, D.C. But our interests are not easily categorized as ‘Republican’ or ‘Democrat.’"

The issue of jobs tops Rogers’ action list. "As a small business owner, I am all too aware of how federal rules, fees, taxes, and policies affect my ability to provide jobs for the community," she said.

Education and working families also figure into the big picture for Rogers. "We need improved education to prepare our kids for good paying jobs. We need to restore our once-vital technical education system because not every child will go to college," she said. "I will fight for working family security. I will push for tax credits for elder and child care."

Like Rogers, James Hill expressed his disenchantment with the rigidity of the two major political parties.

"Domestically, old party politicians take our money, promising solutions, but spend it on bureaucrats, corporate welfare, and giveaways," Hill said. He cited the failure of government schools, prisons, and Social Security to provide for the needs of the community.

To solve such problems, Hill offers himself as a "citizen of this nation which was intended to be governed by citizens, not solicitors for special interests. I seek to reduce government and taxes dramatically, stopping spending of countless billions on foreign ‘aid,’ government contracts to campaign contributors, stifling hordes of bureaucrats, and other special interests. All that money should go back into your pocket."

He said he wants to see you, the voters, spending that money on worthy things such as charities, the environment, schools, and stimulating the economy.

As far as governmental control is concerned, the main issue for Donald Regan is "protecting personal and property rights."

The entire redistricted 23rd District itself looks like a federal land and ocean grab, Regan said, and he wants to do something about the "already existing onerous regulatory agencies such as the Coastal Commission and other state and local regulatory oversights."

Such agencies, which make it difficult for ranchers to ranch and agriculturists to nurture, are at the top of a downward spiral that ends with the loss of the area’s tax base, he explained.

"It will negatively impact our spirits, ruin our agriculture, our fishing, and our ranching," Regan said. "You cannot protect our environment with a policy of exclusion and loss of our constitutionally guaranteed personal and property rights."

Congresswoman Lois Capps, who has commuted and communicated between the Central Coast and Washington, D.C., over the last several years, said she wants to keep working to protect and enhance the uniqueness and high quality of life in this district.

"As the representative of North County in Congress, I will continue to work hard on the federal issues so important to our region," said Capps, who has served as this district’s congresswoman for four years.

"I will continue my efforts to strengthen Medicare so our seniors can receive quality and affordable health care," Capps continued. "I will also work hard to bring more federal resources to our schools. And I will work to preserve both our agricultural assets and our environment, because the two are so intricately connected."

Assembly, 33rd District

State Assembly members don’t have the long commute between Washington, D.C., and their home district, but they do spend long hours in Sacramento on behalf of their constituents.

When it comes to state funds, Assembly members are the ones who bring home the bacon.

In Laurence Houlgate’s mind, no other issue deserves a greater share of that state bacon than local jobs. He says that if elected, he has big plans to bring high technology and aerospace industries to the 33rd Assembly District, which extends through north Santa Barbara and San Luis Obispo counties.

"A plan I have for creating jobs is to create incentives for small businesses with new enterprise tax credits that provide significant tax exclusions for those who take risks by making long-term investments in small businesses," he continued, "and targeted investment tax credits to encourage investments in new plants and production equipment in California."

To make the job pursuit successful, economic justice and strong educational programs must be in place, Houlgate said.

Security and safety of another sort are what fill Merrily Karr’s mind when it comes to important local issues, specifically, public safety with regards to vigilance and activities at local military bases and nuclear power plants.

"Without objective/physical public safety, there is no internal sense of safety for our citizens. When anxiety overrides reason, we often do not address improvements in our political and social agendas," Karr said. "In our post-Sept. 11 world, vigilance logically is a necessary priority."

"If one is a parent and a seeker as I am, there is a profound devotion in one’s personality toward justice for all," Karr continued. "I believe we do this by expressing personal responsibility for our own betterment and also that of others."

That kind of betterment comes through improving education for the area’s children, which incumbent Abel Maldonado wants to continue working toward.

"I want to ensure that every child is given the opportunity to maximize their learning potential," Maldonado said. "My job in the legislature is to make sure that our schools are given the tools they need to succeed.

"With the new accountability standards we have put in place, parents can easily track how their school is performing."

Staff writer Anne Quinn can be reached at [email protected] and staff writer Andrea Rooks can be reached at [email protected].