Judge Todd Named to Appeal Court by Governor

Superior Court Judge William L. Todd Jr., who presided over former San Diego Mayor Roger Hedgecock’s felony trials last year, was nominated Tuesday to the 4th District Court of Appeal by Gov. George Deukmejian.

The 56-year-old Todd, who has served on the Superior Court bench since 1974, is expected to assume the $93,272-a-year appellate court post here next month, after his confirmation by the state Commission on Judicial Appointments. Todd will replace Associate Justice Robert O. Staniforth, who retired.

“I’m delighted,” Todd said in an interview. “This will give me a chance to look at cases from the other side of the coin. Here in the trial court, we deal with the factual side. Now I’ll get to look at the legal side and follow the law down to the least common denominator, to try to insure that we always do justice under the law. In some respects, that’s a more satisfying responsibility.”

Assuming that he is confirmed, Todd, who describes himself as “a moderate conservative with an understanding of the problems of individuals,” will become part of an appellate court that is recognized as one of the more liberal courts in California. Todd added, however, that he has not “given any thought” to how his presence on the 4th District bench might alter the appellate court’s philosophical balance.

Todd describes the role of an appellate judge as “correctly applying the law, not making the law.”

“An appellate judge’s first responsibility is to discern what the law is and make sure that the law was applied properly at the trial court level,” Todd explained. “While I may be called upon to interpret gray areas, it’s not my job, or the job of any appellate judge, to actively look for ways to create new laws.”

An intense man with a strict courtroom demeanor, Todd has gained a reputation during his 12 years on the bench as a hard-working, no-nonsense judge who does not brook recalcitrance from either the lawyers or witnesses who appear before him.

One example of that characteristic occurred during Hedgecock’s felony retrial last summer, when J. Michael McDade, Hedgecock’s former City Hall chief of staff, tried to parry a prosecutor’s hypothetical question by remarking, “Can’t we talk about facts?”

Snapping off his reading glasses, Todd glared at McDade and said sternly, “No, sir! You just answer the questions!”

Lawyers also have drawn similarly sharp rebukes from Todd on occasion, causing some to view the judge as abrasive and impatient.

In various judicial polls, local lawyers have rated Todd high in categories such as legal skills, promptness and industry, while giving him lower marks in the areas of judicial temperament and impartiality. In particular, defense lawyers have often described Todd as “a pro-prosecution judge” whose rulings are generally tilted toward prosecutors--a charge that Todd disputes.

“I’ve never worried about the breakdown, but I’m sure neither side is ever happy with all the rulings,” Todd said. “That’s the way it should be.”

Throughout both Hedgecock’s first trial--which ended in a hung jury--and retrial, both prosecutors and defense attorneys also frequently complained that Todd was pushing them too hard in an effort to expedite the case. Todd, a former Marine, admits that he strives to maintain a crisp pace in his courtroom; he acknowledges that he has little tolerance for legal dilatory tactics.

“I simply don’t like to waste the public’s time,” Todd said. “But I’ve never felt that I was rushing things too much. The courts have such a backlog that we don’t always have the luxury of going at everyone’s desired pace.”

Born in Toronto of American parents in 1929, Todd grew up in Iowa and Pasadena, lettering in football, basketball and tennis in high school. He attended Pasadena City College and later transferred to USC, where he obtained a bachelor’s degree and a law degree.

Todd practiced law in Los Angeles for 1 1/2 years in the late 1950s before moving to San Diego. He started his own general practice in 1961, specializing in civil litigation and insurance defense work. From 1962 to 1966, Todd also was assistant city attorney for National City.

During his years as a trial attorney, Todd was very active in various professional groups, serving as president of the San Diego Bar Assn. and the Barristers Club, among other posts.

In 1974, Todd was named to the Superior Court bench by then-Gov. Ronald Reagan. The judicial appointment was Reagan’s last in San Diego County.

Throughout his judicial tenure, Todd has heard both civil and criminal cases, and he served two years on the Juvenile Court.

The judge had no trouble quickly identifying the highlight of his Superior Court career, noting that the Hedgecock case, which resulted in the former mayor’s conviction on felony charges stemming from illegal campaign contributions, “easily dwarfs any other case I’ve taken on in terms of interest and drama.” Todd sentenced Hedgecock to one year in local custody, a sentence that the former mayor is appealing. By law, Todd would be barred from ruling on Hedgecock’s appeal when the 4th District court reviews the case.

For the last five years, Todd also has been active in the Crime Victims Fund, a private group that provides financial aid, counseling and other assistance to crime victims. He plans to remain active with the group while serving on the appellate court, Todd said.

“We’re there when the hurt is most and the need is greatest,” Todd explained.