D.A. Assn. Poll Finds Strong Feeling to Oust Bird, 2 Other Justices

The California District Attorneys’ Assn. said Tuesday that a survey of its members turned up strong opposition to the reelection of Chief Justice Rose Elizabeth Bird and two other Supreme Court Justices.

However, the association board, convening here at its semiannual meeting, requested more study before deciding whether to call for the justices’ defeat in the 1986 balloting. The board was considering whether to recommend that voters cast votes against Bird and Justices Cruz Reynoso, Joseph Grodin and Stanley Mosk, all of whom appear on the November, 1986, ballot in uncontested races.

In the election, voters will be asked whether the justices should be retained on the court. Any justice rejected by a majority of voters will be replaced on the court by gubernatorial appointee.

Seen as Liberals

Bird, Reynoso and Grodin were appointed by former Gov. Edmund G. Brown Jr., and the three are generally seen as liberals.

However, the inclusion of Mosk among those considered for opposition by the prosecutors was considered something of a surprise. Mosk was state attorney general before being appointed to the high court 20 years ago by former Gov. Edmund G. (Pat) Brown. Although he sides with, and often leads, the liberal majority in many cases, he has voted to uphold death penalty verdicts, one key yardstick for prosecutors.

The survey consisted of a ballot mailed by the association board to district attorneys and deputy district attorneys throughout the state. Of the 2,569 polled, 981 responded. The results showed Bird least popular with the prosecutors, with 93.5% saying they would oppose her, 5.5% saying they would vote to reconfirm and 0.9% undecided.

Reynoso received an 81.37% unfavorable vote, while 10.76% endorsed him and 7.87% were undecided.

Grodin received an unfavorable vote from 63.12%, while 16.97% said they would support him and 19.89% were undecided.

Might Retire

Mosk, who has said he may retire before the election, fared best of the liberal justices in the survey. Of those responding, 55.97% said they would oppose him, while 26.31% said they would vote for him and 17.17% were undecided.

In contrast, 10% of those polled said they would vote against Justice Malcolm M. Lucas, who will also be on the 1986 ballot. Lucas was appointed by Gov. George Deukmejian and is considered the court’s sole conservative. Another 18.53% said they were undecided, and 71% planned to vote for him.

Ventura County Dist. Atty. Michael D. Bradbury, president of the association, said the board, which met for two hours in a closed session, wanted more time to study all four justices, but particularly Mosk and his votes in death cases and on search-and-seizure questions.

Bradbury said the board will base its decision at least in part on a study to be conducted by Kern County Dist. Atty. Edward Jagels, a guiding member of Crime Victims for Court Reform, which was set up last year to unseat Bird, Grodin and Reynoso. The board decided to consider opposing the justices, partly in response to a request by Bill Roberts, the Los Angeles political consultant who is running the anti-court campaign.

The study is expected to be ready by February, when the board plans to meet in special session to consider it.

The association has never before opposed the reconfirmation by voters of a Supreme Court justice.

Bradbury is an outspoken opponent of the liberal justices, but Alameda County Dist. Atty. John Meehan, who will take over as president in June, has expressed unease over such a move. Meehan said Tuesday, however, that he considers himself in the minority on the question.

One concern is that active, organized political opposition to the justices might hurt prosecutors who must appear before the court regularly.