Vacancy on Bench Stirs New Pleas for Diversity

Ventura County has a new judgeship for the first time in 14 years, prompting Latino advocates to renew calls for more diversity on the bench.

Gov. Gray Davis already has bypassed Latino candidates in the three appointments he has made since late 1999 to fill vacancies on the bench. Now he has another chance, attorneys say.

“We want to know as a community that we are being represented,” said Ana Aparicio, president of the Mexican American Bar Assn. “If you have a bench that doesn’t have that, people are going to be a little leery of the justice that they are getting.”

Few Latinos, however, have applied for the Superior Court position, local attorneys and judges say. In fact, sources report only three of the 36 applications received by the governor’s office in the past two years for judgeships in Ventura County have been from Latino candidates.

Davis spokesman Roger Salazar said the governor has a strong record of appointing Latino judges around the state--nine of the 94 judges he named last year are Latino. There are about 7,000 Latino attorneys in California, 4% of the members of the State Bar of California.

“We obviously want to have a judiciary that represents both the breadth and depth of the diversity we have in California,” Salazar said. “But the governor’s primary concern is that we have solid, quality judges to fill these spots.”

Salazar said the governor’s office is trying to encourage more Latino attorneys to apply for judicial positions, both in Ventura County and throughout California. The county judgeship is one of 50 openings statewide approved by the Legislature last session. The governor has not yet appointed judges to any of those positions, which opened Jan. 1.

Since taking office, Davis has named three Ventura County judges to replace jurists who either retired or were appointed to the appellate court. In October 1999 Davis appointed civil attorney and court Commissioner Kent M. Kellegrew. Last month he appointed private attorneys Tari L. Cody and Frederick H. Bysshe.

Attorneys and judges have praised all three judges, but several say they want to see more Latino representation in Superior Court. They say the current slate of judges does not reflect the county’s ethnic makeup. Of the 27 judges and four court commissioners, only three are Latino. Meanwhile, about one in three Ventura County residents is Latino.

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A Latino judge would have a stronger cultural understanding of the growing population and could ensure that Spanish-speaking residents receive appropriate translation, Aparicio said. Greater diversity on the court would also help Latinos feel the courts were more accessible and allow them to have more faith in the system, said Aparicio, who plans to encourage more of her colleagues to apply for a judgeship.

Aparicio and others say the two known Latino applicants would make excellent judges.

Carmen Ramirez, 52, worked for Channel Counties Legal Services before taking a job at a court-run legal access center in La Colonia. Ramirez said her background working with Spanish-speaking clients, many of whom are poor or disabled, makes her a good choice for the job.

Manuel Covarrubias, a family law attorney, has handled traffic law for the Ventura County courts since 1994. A few attorneys have said he occasionally conducts courtroom business in Spanish.

Also, 41-year-old Greg Ramirez, a trial attorney who specializes in civil law, said he plans to apply for a judgeship. And Ruben De La Torre, 34, who presides over traffic cases as a court commissioner, has said he has aspirations for a judicial post.

Other attorneys say the governor also has a responsibility to name more female judges to the Superior Court. There are now five female jurists.

“There need to be more women on the bench,” said Cathleen Drury, who unsuccessfully ran for judge twice. “We come at things with a different perspective.”

Drury is one of several lawyers who have applied for a judicial slot. They include private attorneys David Shain, Edward Lacey and Matthew Guasco. Shain, 47, president of the county’s pro bono committee, handles business litigation, personal injury and criminal defense. Lacey, 59, has been practicing law for more than two decades, handling civil and criminal cases.

Drury, 49, practices family law in Westlake Village. And Guasco, 42, is a professional mediator and practices appellate law.

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Two more attorneys already have gone through the commission that evaluates candidates and makes reports to the governor, local attorneys said.

Senior Deputy Dist. Atty. Patricia Murphy, 38, has worked in the district attorney’s office for 14 years. Patti McCourt, 49, who handles juvenile cases for the county, has a background in family mediation.

Attorneys and judges say they hope the governor appoints someone soon to ease judges’ caseloads. Attorneys say they don’t believe their clients are being shortchanged, but said the days are long and the wait for trials often takes months.

“The public isn’t happy because judges have to squeeze them in,” Ramirez said. “There are only so many hours in the day. The system is screaming for help.”

Judges say filings have increased, cases have become more complex and judges have more responsibilities than ever before. They often rely on retired judges to help with the caseloads.

“The nature of what we do has certainly changed over that 14-year period” since the last judge position was added, Judge John Smiley said. “On all fronts, we could really use more manpower.”

Court Executive Officer Sheila Gonzalez said Ventura County’s 28th position is long overdue. Without enough judicial positions, she said, the judges haven’t been able to spend as much time on cases as they would like.

“It’s been a struggle,” Gonzalez said. “I believe our judges have held their mark, but it’s been costly. They have given up their individual time.”

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There were nearly 176,000 case filings in Ventura County in 1999, up from 19,500 in 1995, according to the Judicial Council of California. In that same period, the number of jury trials increased from 224 to 424. And many are taking longer to conclude, judges said.

Judges are also participating in more community activities than ever before. They take classes, visit schools and hold public forums.

Judges expect their load to lighten now that Cody and Bysshe have arrived.

Cody, 41, who has specialized in municipal law, is handling family law cases, and Bysshe, 63, who has practiced law in several fields, is presiding over civil cases.

The new judge position, which has a salary of $133,051, comes with funds for a support staff, including a clerk and bailiff.