Defenders Lose Bid to Block Judges

Although chiding Ventura County judges for their group endorsement of a prosecutor running for an open judicial seat, a state appellate court Thursday denied a petition from public defenders to disqualify the four judges from hearing their cases.

“A group endorsement by judges which may give the impression of an endorsement by the court as an institution, reflects poor judgment,” the state Court of Appeal wrote in its decision. “But here, it does not give rise to relief by way of extraordinary writ. We deny the petition.”

In June the public defender’s office filed petitions to disqualify Judges Charles W. Campbell, Donald Coleman, Vincent O’Neill and Barry Klopfer from hearing its cases.

The four were among 14 judges who had endorsed Chief Assistant Dist. Atty. Kevin McGee in the June primary. McGee faces Public Defender Gary Windom in the Nov. 3 election in a race to fill the seat of suspended Judge Robert Bradley.

In its filings, the public defender’s office claimed the endorsements in letters to the editor and Judge Charles W. Campbell’s participation in a radio advertisement had suggested a bias in favor of prosecutors.

More than half of Ventura County’s 26 full-time judges are former prosecutors.

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

Ventura Public Defender Kenneth Clayman expressed dismay over the ruling.

“We’re disappointed that the Court of Appeal didn’t grant our writ, but we are pleased that it acknowledged that the judges exercised poor judgment,” Clayman said. “We hope it will have an effect on their future conduct in this regard.”

Clayman said the case is extremely unusual and that the public defender’s office will investigate opportunities for further appellate action.

The endorsements for McGee, which came just before the June 2 primary race, whipped up ill feelings in the community.

Although not illegal, the endorsements prompted the Ventura County chapter of the Mexican-American Bar Assn. to write a letter of protest to Campbell.

Campbell responded in a letter that stated: “One of our country’s most cherished values is the right to publicly express our opinions. During judicial elections, judges share the same [1st Amendment rights] as any other citizen.”

Judicial Canon 5 states “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,” Campbell wrote.

But the public defenders said 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.”

Neither Windom nor McGee could be reached for comment Thursday.