Grodin, Reynoso Distance Themselves From Bird’s Harsh Words on Governor

The two other California Supreme Court justices facing organized opposition in the Nov. 4 election distanced themselves Thursday from Chief Justice Rose Elizabeth Bird’s continuing skirmishes with Gov. George Deukmejian.

“This election is going to be over soon, and this court is going to return to deciding cases,” Justice Joseph R. Grodin said. “I think it is important to preserve this court as an objective institution. I don’t think getting down in the trenches with the governor adds to that.”

Bird, Grodin and Justice Cruz Reynoso all are opposed in the election by Deukmejian, primarily on the basis of their many votes to overturn death penalties. In recent weeks, Bird has responded to the governor’s frequent criticism of the justices with harsh rhetoric of her own. Last week, she said the governor wanted to turn the Supreme Court into “a house of death” in order to further his own political ambitions.

Neil Rincover, Reynoso’s campaign manager, said Thursday that “he hoped” that Bird’s comments had not cost Reynoso any support.

“We don’t talk about the governor. Our campaign is nonpartisan. We just need all the support we can get and can’t afford to attack either major candidate for governor,” Rincover said.

Bird, Grodin Confer

Steven Glazer, director of communications for Bird’s campaign, said the chief justice had talked to Grodin after he had spoken to The Times. According to Glazer, Bird said that she had been assured that Grodin “was not in any way critical of my campaign, of myself or my remarks about the governor.”

Grodin later said he did not mean to criticize the chief justice’s campaign tactics but intended only to say that he would not follow her lead.

“My position happens to be different than hers. We have different views, but I respect hers,” Grodin said.

While he has said in the past that it was philosophically inconsistent for Deukmejian to oppose his reelection after having supported his appointment to the court in 1982, Grodin has said that it was Deukmejian’s right to take whatever position he wants.

Grodin’s principal campaign spokesman, Los Angeles lawyer George Kieffer, said Bird’s criticism of the governor was politically ill-advised.

“If you are a Deukmejian supporter but undecided on the court, her comments are likely to make you angry enough to vote against court,” Kieffer said

“Her attack on Deukmejian not only reflects poorly on the court, but it draws other justices in by implication,” Kieffer said, “because the chief justice is seen often as speaking for the court.”

With a recent statewide public opinion poll reflecting shrinking margins of support for both Grodin and Reynoso, the two have stepped up campaign activity. For the first time, Grodin is making a reelection pitch on television with three recently released commercials. Reynoso’s campaign, which has been airing three TV commercials, will be spending $250,000 on radio and television messages during the week before the election, according to Rincover.

Deukmejian on Thursday reiterated his opposition to Bird, Grodin and Reynoso while answering questions from the audience after a luncheon speech to the San Francisco Commonwealth Club.

In voting to overturn death penalty decisions, the governor said, “they are substituting, unfortunately, their own personal views rather than enforcing the laws of our state. . . . There’s no other conclusion that I think any fair-minded person can reach.”

By contrast, Deukmejian said, Associate Justice Stanley Mosk “has been able to separate out his own personal feelings on this issue and to follow the law and to vote to affirm many, many more (death penalty) cases” than have Bird, Grodin and Reynoso.

Times Sacramento Bureau Chief George Skelton contributed to this story.