Windom Still Has Chance for Judgeship

Though he lost the election, public defender Gary Windom may have another shot at the Ventura County bench given two judgeships expected to open up next year.

Those positions would be filled by Gov.-elect Gray Davis, a Democrat who defense attorneys hope will bring more balance to the county’s prosecutor-heavy bench.

“It certainly means there could be a different kind of appointment,” said Public Defender Kenneth Clayman, who hopes that Windom would be considered for one of the posts.

“Here you have someone who is a dedicated trial lawyer,” he said. “This would be the perfect person for the governor to appoint.”

Windom, a 48-year-old public defender and law school instructor, lost his bid for the seat vacated by Judge Robert Bradley to longtime prosecutor Kevin McGee, 44, who garnered more than 58% of the votes after a hard-fought race.

McGee is expected to be sworn in as the county’s 27th sitting judge in late December and take over a family court assignment in January. His role in the district attorney’s office will be filled by prosecutor Greg Totten.

Disappointed by his loss, Windom said Wednesday that he may apply for a judicial appointment given the change of leadership in Sacramento.

“We will look at sending an application for that possibility and see where that goes,” Windom said, mentioning that he has twice been a finalist in past runs for an appointment.

Members of the Ventura County Bar have long complained that there are too many former prosecutors with similar backgrounds and ideologies presiding over criminal, juvenile and family court matters.

Of the 26 judges now hearing cases, 12 were career prosecutors. An additional seven started in the district attorney’s office but moved on to private practice or the public defender’s office.

Although the last two appointments by the governor have elevated private attorneys to the bench, some lawyers believe that the court needs more diversity.

“The bench is unbalanced and to alarming proportions,” said Deputy Public Defender Neil Quinn, who encouraged McGee on election night to support others outside the district attorney’s office for future judicial races.

“We need people who know the law and are good trial lawyers,” he said. “This is a hard job.”

One judicial position is open and two more are expected to be available in the coming months.

Superior Court Judge Allan Steele has retired, but is still hearing cases until his replacement is named. An appointment by outgoing Gov. Pete Wilson is anticipated before he leaves office at the end of the year.

“My guess is that the next appointment will also come from the private sector,” Dist. Atty. Michael D. Bradbury said.

Judge William Peck is expected to retire early next year. And court officials are waiting for the passage of a bill that would add 50 judges to California’s courts, including one for Ventura County.

Courts Administrator Sheila Gonzalez says new positions are badly needed to handle an increasing caseload. Ventura is ranked seventh on a statewide list of counties in need of new appointments.

“We definitely need more judges,” Gonzalez said. “We haven’t had a new judicial position since 1987.”

In terms of other positions that may open up in the months ahead, Gonzalez said she is unaware of any other judges on the verge of leaving.

“Age-wise, we have a fairly young bench,” she said. “I haven’t heard even a breather about anyone else.”