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Judicial Candidate Hasn't Been Following Campaign Rules

Posted by: Nick Naylor | 07/07/2008 10:17 PM

I spotted this interesting post by Martin Wisckol over at Total Buzz today on Westminster Councilman and judicial candidate Kermit Marsh:

JUDICIAL CANDIDATE VIOLATED CAMPAIGN LAW 26 TIMES

Judicial candidate Kermit Marsh knows what it's like to run afoul of the law - specifically, election law.

The Westminster councilman, who faces a November runoff for a Superior Court judgeship, has paid more than $7,000 in fines for being late 21 times in filing campaign-finance reports in various races dating back to 2000.

As of today, five more reports are still outstanding - including the one due just before the June election for Superior Court.

"We acknowledge that there were reporting errors and we're in the process of correcting them," Marsh said. "I thought I could do them myself and I just haven't been able to get it done. I'm trying to hire a professional treasurer and get this resolved."

Campaign watchdog Shirley Grindle said, ""It's obvious he has a scofflaw attitude." She has long complained of Marsh's delinquencies as some of the most blatant she has encountered.

Violations include campaigns for the Westminister City Council and unsuccessful bids for county supervisor, as well as his current run for judge. The reports are required by law so that voters are able to know the backers of each candidate.

"I don't think this guy is a bad guy," Grindle said. "I just don't think he has it together."

The irony of the violations by a judicial candidate isn't lost on Grindle.

"I'm concerned Mr. Marsh does not take these laws seriously, and that it might reflect on how he addresses those who come before him for breaking the law," she said.

Marsh, predictably, didn't see it quite like that.

"I don't claim to be perfect," he said. "We don't expect people to be perfect. If you are a judge, have to understand that. I don't know if we'd want a judge who'd never made a mistake."

And if, as a judge, he encountered candidates with similarly late filings?

"I would require them to pay the fine," he said.

Marsh is an attorney who has been on the Westminster City Council for 10 years. He finished second in a field of four in the June election for judge, 9.5 percentage points behind Deputy District Attorney Debra Carrillo.

Comments

Bladerunner said:

Kermit should stick to the Westminster Council and throwing his weight around the Westminster School Board. Judges(and judicial candidates) need to set an example of compliance with the law. Marsh's problems set a pattern of practice of a casual attitude towards the law. Not what one looks for in a judge.

Another Empty Suit said:

Marsh is just a plain phony. As Parliamentarian, we all remember his fouling up important rulings for the Republican Central Committee -- so does Scott Baugh. Kermie needs to find a job that matches his skills - maybe a Wal-Mart greeter?

COTOBLOGZZ said:

The Constitution continues to remain no threat to our current form of government.......... except when left in the hands of activist judges and secular progressive legislators - Buzz

American Eye Dull said:

"We acknowledge that there were reporting errors and we're in the process of correcting them."

Wow! Edgardo Reynoso found another job here in OC!

Anonymous said:

In defense of the formidable Kermit Marsh; he should have filed on time. However, he has his own law practice, three kids (to whom he is the BEST father ever!!) a wife that has a job that keeps her flying around the world (she is a lawyer also); he reads every city council package with a microscope and while he does tend to (in a lawyerlike fashion) get wordy from time to time, the man is absolutely brilliant in weighing the "right from the wrong".

Apparently he is significantly paying fines and finds it worth it, as the time he should have spent on those Forms 460 which (from personal experience I know) can run 60 pages long; he probably felt it was more important to be a Dad to children who's parent's lives are CHRONICALLY BUSY. The fines were worth the time he spent with his children. I'd say that his priorities are straight there.

Because he is running for judge and this is a violation of a deadline, it isn't exactly breaking the law, it's just paying the piper for the time he had to spend doing something so ultimately more important that he was willing to pay the late fees.

Give the guy a break. Once he is a judge, he will have more time to be with his children and I'm sure he will get the reporting forms done, and will dutifully pay the fines when late. Hey more revenue for the County!!! They need it!!

COTOBLOGZZ said:

In response to anonymous:

If you are going to defend the judge using appeals to pity, is it reasonable to expect that the new judge also accept such a defense – that is, appeals to pity, as justification for wrongdoings?

momya said:

Anonymous - Kermit is a nice man but one has to wonder based on the outline you described of his life.....if he kids and family are more important then why run for office at all not to mention 2 offices. (council & Judge) and I find it hard to vote for someone running for judge that can not even comply with the law himself.

Anonymous said:

Where in 4:49's comment do you see something that would suggest a defense to Kermit's action. He's paid his fines. That isn't a defense, it is accepting the penalty. A defense would using the same information to suggest that he should be excused from paying his fine.

Failure to file one time is not a criminal matter. It is a civil fine that can become criminal (like all other civil fines) only if one refuses to pay.

Someone earlier compared this to Edgardo Reynoso. There is a difference. Hoa Van Tran's reports were wrong. Kermit's are just late. I'm sure Shirley Grindle will be looking over them for mistakes, and maybe there will be one. But until someone finds a mistake, you can't draw a comparison with Edgardo Reynoso because you aren't comparing apples to apples.

momya said:

I think you had best go back and read the political reform act....actually it is the law that you have to file ....it is not a voluntary action.If that were the case no one would file them. And this is not a one time deal.....

Anonymous said:

I think the money would have been better spent on a treasurer than fines. Then he could still spend quality time with his children AND keep his name off Shirley Grindle's radar. Hopefully this is a lesson learned.

Anon 7/8 at 7:15 said:

I don't think anyone here has suggested that filing is voluntary. If it was, there wouldn't be any fines.

American Eye Dull said:

Anon 7:15 -- in the eyes of the FPPC, late is worse than wrong. At least in the short run. They don't care what you file as long as you file on time.

However, what I was referring to was Marsh's statement that "We acknowledge that there were reporting errors and we're in the process of correcting them."

That's almost word-for-word what Reynoso said.

Anonymous said:

Okay all you fine republicans, then vote for Carillo, I believe she is a democrat. I believe she is liberal leaning. If you want our judiciary to continue to have liberal judges vote for them. Personally I'd rather vote for a guy that files late but one I know will have non-liberal views on decisions he makes in his courtroom.

Either way we win. If he stays on the City Council then Westminster wins by having a brilliant mind still on the council. If he wins the judge seat, then citizens can rely on his conservative values. Even if he does file late. Bad boy on that one, but not the worst thing in the world.

COTOBLOGZZ said:

If this is what you get from a brilliant minds, as Anonimous keeps asserting, just imagine what stupidity gets you.

The issue is not political affiliation, after all, most California Republicans as RINOS.

Poor Republican Brand – so close to the Democrat philosphy and so far away from God!


Anonymous said:

Marsh is not a RINO. That he filed late does not detract from his brilliance in my humble opinion and I have been observing him and talking with him for 10 years now. He returns calls. He recognizes problems in city issues before they arise and gets them fixed (many times). He is only one vote on the council, but every vote you can rest assured has been conservative. If he makes a controversial vote that appears to us right wingers to be off the mark, he will go in to great depth of explanation as to why he will be casting his vote the way he will. It usually makes sense unless you had your mind set against it before and are just bound and determined not to change your mind. (yes I've done that from time to time).

Forget for a moment that he is a Republican. Do you know what his values are? Do you know what he's done for the City? Do you know what his beliefs are? I do. I'm voting for him...for both Judge and City Council. I know he can only do one of those jobs...but should he not get the Judge position, at least I want him to stay on our city council.

While he hasn't filed the papers, I can't say. But I do know if Shirley Grindle printed a list of everyone who's been late, not filed or been fined, the paper wouldn't have enough room. This is just a political move by his opposition.

He still should be the Judge.

COTOBLOGZZ said:

ANON:

He seems to have his priorities right – returns calls but is NOT willing to obey the law: Now those ARE values.

Flowerszzz said:

He should have hired a treasurer a long time ago and should hire one ASAP - then he would not have this issue.

Anonymous said:

So CotoBlogzzzzzzzzzzzzzz- have you ever run for office, or filled out a 570, 460, etc?

COTOBLOGZZ said:

Anonymous - Do you know that 10,000 flies like manure?

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