Investigation Shadows Judge’s Reelection Effort

It’s not the ideal baggage to carry into an election, but Orange County Municipal Judge Claude E. Whitney said he will fight for his job while battling allegations that he routinely denied defendants their basic constitutional rights.

The Commission on Judicial Performance has been investigating Whitney, 63, since the Orange County public defender’s office filed a 325-page complaint against him in January, 1993. The U. S. Commission on Civil Rights is also looking into the allegations.

Whitney contends he did nothing wrong. He said he is being targeted by defense attorneys who oppose his tough sentences and his no-nonsense attitude on the bench.

“I believe in running an efficient courtroom and making sure everyone gets a fair and impartial trial,” Whitney said.

But Whitney also concedes that the investigation makes him vulnerable in the upcoming June 7 primary election. His opponent, defense attorney Dennis Patrick O’Connell, has made the controversy the cornerstone of his campaign.

“If the judge doesn’t follow the rules, how can you expect the public to have confidence in the courts?” said O’Connell, 44. “We’re talking about constitutional rights being violated.”

The complaint alleges it was Whitney’s practice to illegally deny defendants bail hearings, translators and court-appointed attorneys and punish those who insisted on representation with another week in custody.

In an unprecedented resolution, the Orange County Bar Assn. found “there was a systematic denial of due process” for many defendants appearing before the judge in one of the county’s busiest misdemeanor arraignment courts. Whitney has since been rotated to an assignment hearing small claims cases.

A civil attorney before being appointed to the bench in May, 1989, Whitney said he remains confident he will be vindicated.

O’Connell decided to run for judge after his wife, Dawn, died in December after a sudden illness. The tragedy caused him to reflect on his future and helped focus his dedication to the law, he said.

He said he knows he faces an uphill battle trying to unseat an incumbent judge, especially since he has little time for round-the-clock campaigning now that he is the lone parent caring for three children aged 11 to 15.

“I just feel that the law is what controls our society--as it should,” he said. “But it is also the confidence that people have in the law that keeps society from running amok.”

*

Prosecutor Caryl Lee and Seal Beach attorney Barry S. Brown are challenging Municipal Judge Dan C. Dutcher, 63, who has been on the bench 12 years and handles felony arraignments in Westminster.

To his supporters, Dutcher is a compassionate, fiercely independent judge who frequently works during the lunch hour or into the early evening.

“I admire Judge Dutcher,” said Don Ronaldson, head of the public defender’s office in West Orange County Municipal Court. “His experience and independence demand that I know my stuff before I argue a case. He is tough to convince.”

Others, however, say he does not have the proper “judicial temperament,” can be moody and spends too much time off the bench--leaving attorneys and clients cooling their heels.

“In my opinion, Judge Dutcher has the worst work habits of any judge in the county and should be replaced,” said attorney Bruce C. Bridgman, who is Lee’s campaign manager.

Dutcher said he is the target of a smear campaign and petty politics. Since Lee began running for his seat, he has seen an increase in the number of prosecutors seeking to remove him from their cases, he said.

The judge, who prides himself on tailoring creative sentences to punish crimes, said his refusal to yield to attorneys provokes criticism from defense attorneys and prosecutors alike--and indicates to him he is doing a fair job.

Dutcher said, however, that he is heeding requests for more structured workdays and has curbed lengthy lunch breaks. He also acknowledges he has harsh words for attorneys who are not doing their job properly--or are trying to intimidate him.

“I think I manage to annoy both sides equally,” Dutcher said. “I’m not really interested in whether they (attorneys) like my rulings or not, and I’m not very polite to attorneys who think they can come in and bully me.”

Dutcher’s opponents both say their diverse backgrounds make them qualified for the job.

Brown, 39, who specializes in business and civil law, knows what judging is like firsthand from his frequent stints as a pro tem judge in traffic and small claims courts. Brown’s background also includes prosecution and juvenile defense work.

One of the greatest compliments, Brown said, comes when the parties in his court believe they were treated fairly--even if they lose.

“I believe very strongly people need to take the blame for their conduct,” Brown said.

Lee, 37, a prosecutor for the past five years, is currently assigned to the family support unit. She was in civil practice for three years before joining the Orange County district attorney’s office, where she has also handled juvenile cases and misdemeanor trials, including domestic violence and drunk-driving cases.

The courts must become more mindful of the rights of victims, said Lee, whose campaign motto is “Nobody doesn’t like Caryl Lee.”

“I feel like we need changes--stricter sentencing and more efficiency,” Lee said. “I think victims feel cheated twice--once by the defendant, and then by the system.”

*

In other races, incumbent Municipal Judge Pamela L. Iles, 49, who works in Laguna Niguel and has been a judge for the past 11 years, is being challenged by Mission Viejo attorney John C. Connolly, 51, who specializes in civil defense and trial work.

Iles, who formerly worked as a deputy public defender and prosecutor before being appointed to the bench, is known by her colleagues as an independent judge who encourages rehabilitation but also cracks down on dangerous offenders.

Iles is also known for her work on behalf of abused children and rape victims. She speaks around the state on ways law enforcement can better respond to such difficult cases. Her efforts were recognized by then-Gov. George Deukmejian, who presented her with a service award.

Connolly, a former member of the board of trustees at Saddleback College, said his general practice background will give him greater independence to help streamline court operations and make them more responsive to the public.

“I just think it’s time for a change,” Connolly said.

*

The only Superior Court seat up for grabs is in the Westminster Courthouse and is being sought by two Municipal Court judges based in Santa Ana. But the tone of that race is hardly adversarial.

Judge B. (Tam) Nomoto, 43, who is the county’s only Asian American female judge, said she respects opponent Judge Gary P. Ryan, 50, and will not compete with him for judicial endorsements.

That will come as a relief to many of the judges who have said privately they feel torn between the two candidates, both well respected.

“I’m just trying to let the voters know what my record is and what my background is--there will be no dirt in this race,” Ryan said.

Many of her colleagues say Nomoto is brilliant. Gov. Edmund G. (Jerry) Brown Jr. named her to the bench in 1979--at the time making her the youngest judge ever to be appointed in the state.

Before being elected to the bench nearly 16 years ago, Ryan, 50, worked as a prosecutor, handling felony and misdemeanor cases and specializing in writs and appeals. Like Nomoto, Ryan said he wants to take on the challenge of the Superior Court bench to handle new and different cases.

Nomoto said she is also concerned about the lack of Asian Americans and women on both the Municipal and Superior Court benches.

“I think the influx of Asians has been a fairly recent development, and I am hopeful that that imbalance (on the bench) will be corrected in the future, particularly as more and more Asian attorneys are coming into the practice,” she said. “I think it’s important that the courts represent the face of our community.”

Judgment Time

Judicial candidates are running for election to four Orange County courts in the June 7 primary:

SUPERIOR COURT

* Central Orange County Municipal Court Judge B. (Tam) Nomoto, 43

* Central Orange County Municipal Court Judge Gary P. Ryan, 50

Both are seeking the position being vacated by Judge Robert A. Knox, who sits in Westminster.

CENTRAL MUNICIPAL COURT

* Incumbent Claude E. Whitney, 63

* Attorney Dennis Patrick O’Connell, 44; Anaheim and Westminster specializes in criminal defense

SOUTH MUNICIPAL COURT

* Incumbent Pamela L. Iles, 49

* Mission Viejo attorney John C. Connolly, 51; general practice includes criminal defense and family law

WEST MUNICIPAL COURT

* Incumbent Dan C. Dutcher, 63

* Prosecutor Caryl Lee, 37; assigned to the family support unit of the Orange County district attorney’s office

* Seal Beach attorney Barry S. Brown, 39; general practice includes civil and business law

Source: Orange County Registrar of Voters