Second Judge Accused of Bias Over Endorsement

Citing political bias, a second public defender asked Tuesday that a Ventura County judge who publicly endorsed a top-level prosecutor in his judicial campaign be disqualified from hearing her case.

Deputy Public Defender Stephanie Benincasa filed the affidavit of prejudice against Presiding Judge Charles W. Campbell, saying his radio advertisement could show that he “possessed a bias in favor of the district attorney.”

A similar affidavit was filed Monday by a public defender against Judge Barry Klopfer, who signed a campaign endorsement that appeared in newspapers.

The affidavits are part of an attempt by public defenders to disqualify 14 judges from hearing cases because of their outspoken support of Chief Assistant Dist. Atty. Kevin J. McGee in his race to fill the seat of suspended Superior Court Judge Robert Bradley.

McGee faces public defender Gary Windom in a November runoff election.

Although the judges’ decision to endorse a political candidate is not illegal, it has angered public defenders in a courthouse where the bench is dominated by former prosecutors.

Indeed, 12 of the 14 judges who signed the May 31 letter to the editor in The Times endorsing McGee are former career prosecutors.

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According to the affidavit filed in court Tuesday, Judge Campbell in a radio ad asked voters to join him and 13 other judges in supporting McGee to “preserve” the quality of the bench.

The ad was paid for by the Committee to Elect Kevin McGee, according to McGee’s office.

Windom, who was out of town last week, said he was not privy to the public defenders’ decision to disqualify certain judges from hearing their cases.

“The judges can represent or vote for whomever they want,” he said. “They can even contribute to campaigns. But if what they are saying is that you are incompetent, lack skills or lack integrity . . . the question is whether my clients can get a fair trial.”

Judge David Long, one of the 14 judges who signed the letter endorsing McGee, has said the letter arose from a request from the editor of a local legal newsletter for some discussion of the contested judicial race.

He has also said that he signed the letter as an individual, and that it was not meant to represent the opinion of the court.

Long noted that Judicial Canon 5, which states that a judge shall refrain from inappropriate political activity, also says:

“A judge may publicly endorse another judicial candidate. Such endorsements are permitted because judicial officers have a special obligation to uphold the integrity and impartiality of the judiciary and are in a unique position to know the qualifications necessary to serve as a competent judicial officer.”

But the public defenders point out that the same canon also recognizes that “while judges are entitled to their rights as citizens,” they should “avoid political activity that may create the appearance of political bias or impropriety.”

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There are currently 24 judges serving in Ventura County. In addition to Campbell, Klopfer and Long, those who signed the letter endorsing McGee are Vincent J. O’Neill Jr., Ken W. Riley, James Cloninger, John Dobroth, John Hunter, Colleen Toy White, Barbara Lane, Rebecca Riley, Edward Brodie, Donald D. Coleman and retired Judge Thomas J. Hutchins.

Those judges who did not sign the letter are Brian J. Back, Bruce Clark, Herbert Curtis III, Arturo F. Gutierrez, Joe D. Hadden, Steven Hintz, Melinda A. Johnson, William Peck, Steven Z. Perren, Roland N. Purnell and John R. Smiley.