By RICHARD K. DE ATLEY
The Press-Enterprise

Robert G. Spitzer, whose bid was turned down Wednesday for review of his dismissal from the Riverside County Superior Court, has submitted a letter to county vote officials asking for his name to be removed from the June 3 ballot.

Spitzer, 59, was removed from office last October by the state Commission on Judicial Performance for willful misconduct and dishonesty. The judge appealed, saying the commission failed to look at mitigating circumstances.

While he could not act as a judge, Spitzer's removal was not final until the state Supreme Court decided on his petition for review, which he filed late last year. Word came Wednesday afternoon that the petition was denied.

Awaiting outcome of his appeal, Spitzer had filed for candidacy and was qualified to run in the June election for the bench from which he had been removed. The six-year term for the countywide office ends this year.

"I was very surprised and disappointed to receive an e-mail notification," about the denial, Spitzer said in a letter addressed to Riverside County Registrar Barbara Dunmore. He said the denial means the commission's removal order is now final.

"My understanding of ... the California State Constitution is that as of today I am ineligible for judicial office," Spitzer said in the letter dated March 19.

"Therefore, I am requesting that my name be removed from the ballot for the upcoming June 3 Primary Election, and that no materials be published or distributed," Spitzer wrote.

Spitzer also seeks return of the $8,400 deposit made with the registrar's office relating to the voter education materials.

Robert Pepper, principal deputy county counsel for the Riverside County registrar of voters, said his office had just received the letter this morning and was reviewing it.

One of the three candidates opposing Spitzer, Riverside County Deputy District Attorney John Molloy, filed a lawsuit Tuesday seeking to have Spitzer removed from the ballot, citing the commission's October ruling.

It was unclear whether Spitzer's request is enough to remove his name from the ballot at this stage, or whether it might take a court action.

"I started a legal action that I believed was appropriate at the time," Molloy said today. "It looks like it is going to be resolved."