Youngblood Criticized for Candidacy While a Judge

Judge Bobby D. Youngblood, firmly ensconced in a campaign office that bulges with his bumper stickers and political literature, has stirred up a new brouhaha among his colleagues in his bid to unseat Orange County Sheriff Brad Gates next year.

More than a dozen judges from around Orange County said in interviews with The Times that Youngblood, 47, should not be running for sheriff while he is still sitting on the bench in Central Municipal Court in Santa Ana. By failing to take a leave of absence for his political campaign, the judges said, Youngblood is violating the judicial canon of ethics, and perhaps even the state Constitution.

Youngblood, a flamboyant former police officer who has been embroiled in a running feud with the sheriff for several years, has countered all along that he does not have to leave the bench until he formally files his candidacy papers with the county registrar’s office next spring.

But last week Youngblood said, at least in part because of the furor, that he is having second thoughts.

“I am exploring the possibility of leaving the bench earlier than I had planned,” Youngblood said.

All of the judges interviewed by The Times, however, said Youngblood should leave the bench immediately.

“It’s an outrage,” said one Superior Court judge who does not know Youngblood personally. “The man has no business being a judge under these circumstances.”

“These circumstances” are Youngblood’s announcement in August that he will run for sheriff against Gates in next year’s election. He has opened a campaign head quarters. He has solicited funds from a variety of groups in the county. And he has attacked Gates on numerous issues.

A former Santa Ana police officer, Youngblood has been no stranger to controversy since winning his judgeship in a hotly contested 1980 race.

He has gone through personal bankruptcy proceedings and been criticized for his courtroom demeanor, which he later said stemmed from alcohol abuse. And in May, 1983, he became the first Orange County judge to be “severely censured” by the state Supreme Court after he jailed a 67-year-old doctor because the physician protested Youngblood’s decision in a small-claims case.

The 1983 Orange County Grand Jury investigated allegations that Youngblood accepted a bribe of $5,000 to reduce a fraud suspect’s bail, but the panel concluded there was insufficient evidence to return an indictment.

Youngblood subsequently charged Gates with violating his rights by trying to get him to take bribes and by leaking information about the grand jury probe to the news media. He joined two of Gates’ previous political challengers in filing a $10-million civil rights lawsuit accusing the sheriff of harassment and spying on them for political reasons.

Doesn’t Deny He’s Running

Youngblood solicitations and most recent attacks on Gates have been carried out through a committee working on his behalf, “Judge Youngblood for Sheriff ’86.” But Youngblood doesn’t claim that the committee is acting on its own, as some of his critics had expected he would. Nor does he deny that he is running for sheriff, unofficially, right now.

Youngblood does, however, insist that he has done nothing wrong.

But on Thursday, he acknowledged in an interview that the judges “have raised a viable question.”

Youngblood said that he asked a constitutional lawyer several months ago whether there was any precedent for a judge announcing a candidacy for sheriff and remaining on the bench.

“He told me the first test case would probably be the Youngblood case,” the judge said.

Youngblood added that if he did leave the bench, it would not be to appease his critics. Instead, he said, it would be so he could campaign full-time and also to end any question of impropriety.

“I am a great believer that we must not only do justice, we must give the appearance of doing justice,” Youngblood said.

The state Code of Judicial Conduct, in fact, says explicitly that a judge should avoid “the appearance of impropriety in all activities.”

Youngblood’s critics point to another part of the penal code, which states that “a judge should not engage in any political activity, other than on behalf of measures to improve the law, the legal system or the administration of justice.”

Canon, Constitution Cited

One Superior Court judge who has been active in state judicial affairs said: “Every judge in California knows that canon means no political activity on your own behalf, period, while on the bench.”

Other judges cite the state Constitution in arguing that Youngblood should take a leave. The Constitution says that judges must be off the bench “prior to filing a declaration of candidacy” for a non-judicial office.

Youngblood interprets this to mean that he can step down one day before he files his candidacy papers.

Former Superior Court Judge Bruce Sumner, now Orange County Democratic chairman, is one who disagrees.

Sumner said that most judges interpret the Constitution to mean that a judge must take a leave as soon as the candidacy is declared. Sumner, who ran unsuccessfully for attorney general in 1977, took his leave of absence at the time he announced he was running.

Superior Court Judge David O. Carter said there is a “gray area” of law in determining when a judge should leave the bench, but added, “I think Judge Youngblood has crossed it. I think he’s gone too far.

“I think you can explore whether it’s feasible to run, and I think you can encourage a committee which is looking for a candidate to represent,” said Carter, who is considering his own possible political race against U.S. Rep. Robert K. Dornan (R-Garden Grove) next year. “But I think once you’ve said you are a candidate and have solicited funds through a committee, then I think you have to leave the bench.”

Carter said that if he decides to run against Dornan he will take a leave of absence when he announces.

‘Not Giving Speeches’

Youngblood counters that he and his committee are only doing the myriad little things that have to be done so that when he does become an official candidate next spring, his campaign will be ready to go. He also counters that he is not doing nearly as much as he would like to.

“I’m not out giving speeches or putting out press releases,” Youngblood said.

But he is involved in his own campaign.

On Thursday, for example, Youngblood’s bailiff said the judge would be off the bench the entire day because of a dental appointment. Youngblood did go to the dentist in the morning. But in the afternoon, instead of returning to his judicial office, he headed for his campaign headquarters at 1224 E. Katella Ave. in Orange.

Letters soliciting funds on his behalf are signed by Patrick N. DiCarlo, his handpicked campaign chairman. But the letters typically state, “Judge Youngblood gave me your name. . . ,” then include statements by Youngblood critical of Sheriff Gates.

Youngblood is irritated that most judges who have criticized him in interviews have preferred to be anonymous.

“If some judge is bothered, why doesn’t he look me in the eye and tell me,” Youngblood said.

Youngblood said he also is bothered that the judges are not criticizing Carter, who was in Washington this week to meet with national Democratic leaders.

Judges who have criticized Youngblood all say that Carter has stayed within the canon of ethics.

“I think the only difference between me and Dave is that I’m just a little more honest about what I’m doing,” Youngblood said.

If Youngblood files papers to run against Gates, he will have to give up his seat on the Central Municipal Court, because he would be up for reelection for that job, too. Some Youngblood critics believe that once Youngblood puts a campaign together for sheriff, he might switch and use the organization to work for his reelection to the bench. But Youngblood denies that.

“There is no question that come next year I’m going to be in this sheriff’s race,” he said.

Gates on Friday stood by his earlier position not to make any public comments about Youngblood until he formally files next year.