BURBANK : Candidate Revises Ballot Statement

In a move that both sides claimed as a victory, a candidate for Burbank Municipal Court judge has revised his ballot statement, removing some portions that his opponent claimed violated a state elections code, while retaining others.

During a court hearing in Los Angeles on Monday, Superior Court Judge Diane Wayne determined that certain passages in attorney Rand Rubin’s ballot statement were inappropriate, but decided to let him rewrite the document himself.

The decision grew out of a dispute between Rubin and Burbank Municipal Court Judge Marion E. Gubler over the legality of Rubin’s statement.

Gubler, who is seeking reelection in the June primary, had accused Rubin of violating a California Elections Code section that limits what candidates in judicial races may include in statements that are printed on the ballot.

The law limits the statements to a “recitation of the candidate’s own personal background and qualifications,” and prohibits any references to other candidates.

Rubin’s statement included comments such as the “Burbank court has been censured by the California Supreme Court for its mistreatment of our citizens,” and “the Burbank courts are wasting taxpayer money.” Gubler argued that the comments were veiled attacks on him.

In 1984 the Commission on Judicial Performance publicly censured Gubler for his “zealous efforts to obtain payment from criminal defendants” to reimburse the county for services provided by the public defender’s office. The judge was also censured for allowing the private sale of guns that had been confiscated from convicted criminals.

Rubin’s new statement makes no reference to a censure but does include a promise to save taxpayers’ money.

“I’m pleased with the ruling,” Rubin said. “I consider it a victory. We’re still getting these issues in front of the voters.”

Gubler said he was satisfied with the outcome of the hearing.

“I won it so I ought to be happy,” Gubler said. “That statement didn’t belong in there in the first place.”