Countywide : Activist Group Asks Judge to Step Down

In its first political statement, Orange County’s newly formed chapter of the Mexican American Political Assn. has passed a resolution condemning Santa Ana Municipal Judge Claude E. Whitney and calling on him to withdraw his candidacy for reelection.

State judicial authorities filed misconduct charges last month against Whitney, who has been accused of denying hundreds of indigent defendants their constitutional rights, including access to defense attorneys.

“We’re asking him to resign, to give up his seat, to give someone who has a heart in the right place an opportunity,” said Rueben Martinez, president of the local MAPA chapter. “The election is next week and we’re going to be faced with this guy and his decisions for another six years. We have to get him out now.”

Whitney referred all calls on the misconduct allegations to his attorney, who said the judge would not step out of the race.

“Absolutely not,” attorney Ronald G. Brower said.

The local chapter of MAPA was formed in March to combat immigrant-bashing and encourage Latinos to participate in the political process. The group’s resolution is based on a 325-page complaint against Whitney by the Orange County public defender’s office, findings of the Orange County Bar Assn. Due Process Task Force, and the recent Commission on Judicial Performance decision to initiate disciplinary proceedings against Whitney.

The resolution alleges that Whitney punished defendants who requested a lawyer by sending them to jail for a minimum of seven days, “thus virtually coercing a guilty plea from them.” The judge also has been accused of prohibiting public defenders from talking to their clients in court, imposing illegal sentences, denying bail hearings to defendants and failing to provide court interpreters for non-English speakers.

“He’s been a burden and will continue to be a burden to our people with his daily decisions,” Martinez said. “That’s one of the reasons why this organization was formed, to stand up and defend the rights of people under these circumstances.”

Brower said the allegations are unfounded. He said the Orange County Bar Assn. published its resolution condemning Whitney without conducting hearings or getting the judge’s side of the story, and that the public defender’s office also did not conduct hearings.

Brower said the state Commission on Judicial Performance reviewed 39 allegations against the judge but filed only three formal charges. Those pending charges allege improper sentencing, mistreatment of defense counsel and failures to advise defendants of their constitutional rights.

The Commission on Judicial Performance initiated formal disciplinary proceedings last month after 1 1/2 years of investigation. But Brower said none of the allegations involve racial discrimination.