Off the Bench, Onto the Hot Seat

The election of Kathleen E. O’Leary as presiding judge of the Orange County Superior Court was unsurprising because she had been assistant presiding judge. But it was significant nonetheless because she is the first woman to hold the post.

O’Leary took over the job Jan. 1, selected by her fellow judges to succeed Theodore E. Millard. She gives up handling trials in favor of administration for two years; he goes back to the courtroom.

O’Leary said having a woman as presiding judge is “a real vivid way to demonstrate to the public that we in the judicial branch are gender-neutral in terms of our leadership.” Below the level of judicial leadership in Orange County, the absence of female judges is striking. Only eight of nearly 80 judges and commissioners on the Superior Court are women. That is hardly a reflection of the makeup of Orange County society, or even of the ranks of attorneys. It’s easy to find women arguing cases in all the courtrooms of the county; there are too few sitting above the lawyers, presiding at the trials.

Like Millard, O’Leary will have to see that the courts operate smoothly, with the ever-present backlog of cases kept to a minimum. She has to manage a budget of more than $75 million. She will serve on various statewide judicial committees.

O’Leary also will have to bring negotiating skills to her job, internally and externally. It can be difficult to wring consensus from the judges she will have to manage, who have a great deal of power.

It also can be difficult to deal with county supervisors, independently elected and given the power of the purse over cleaning courthouses, sprucing up courtrooms and paying new personnel.

Last year, the judges sued the supervisors in an effort to get more money. The suit was settled after the Legislature belatedly agreed to have the state assume more responsibility for court funding. The Superior Courts are a state function, so state funding is essential. But the new presiding judge still will have to seek local funds to improve operations in the existing courts and build a badly needed new courthouse in South County. There’s also a need for money to pay for more marshals, who handle courthouse security, and administrative positions.

O’Leary has presided over a number of high-profile trials during her 17 years on the bench. That experience should help her in a new but equally challenging job.