With Judge Spitzer out of the way, Riverside County Deputy District Attorney John Molloy is the clear frontrunner.  The other candidates will stay on the ballot, but Mr. Molloy is the only candidate with any campaign to speak of.

By RICHARD K. DE ATLEY
The Press-Enterprise

The state Supreme Court on Wednesday turned down Robert G. Spitzer's bid to review his removal from the Riverside County Superior Court bench. The decision apparently ends his 18-year career as a judge.

The state high court decision also throws into question how Spitzer can remain on the June 3 county election ballot, where he qualified to run for the seat from which he had been ousted. The six-year term ends this year.

Spitzer, 59, had no comment. His attorney did not return a phone call seeking comment.

Eight Riverside County judges signed a petition filed with the Supreme Court supporting a review of Spitzer's case.

"It's a very sad day," said one of the petitioners, Riverside County Superior Court Judge Gary B. Tranbarger. "In my opinion, he was an excellent judge."

The state Commission on Judicial Performance ordered Spitzer out of office Oct. 2, saying he had improperly contacted witnesses in two criminal cases and falsely signed salary affidavits.

Spitzer claimed in his petition that the commission's findings were not supported by "clear and convincing evidence" and that commissioners failed to consider mitigating factors.

The state judicial code said the commission's order was not final until the Supreme Court decided on his petition for review, although Spitzer could not act as a judge in the meantime. He continued receiving his pay while awaiting the decision.

One of Spitzer's three election opponents, Riverside County Deputy District Attorney John Molloy, filed a lawsuit Tuesday seeking Spitzer's removal from the ballot.

Molloy claimed Spitzer was not qualified because of the commission's actions. He wanted a judge to order County Registrar of Voters Barbara Dunmore to remove Spitzer from the ballot.

"We're researching what our next step should be," said Robert Pepper, principal deputy county counsel for the Riverside County registrar of voters.

On Wednesday, Molloy said his suit would continue.

"One would assume this is it," Molloy said. "He has reached the end of the process of removal."

Molloy said with the lawsuit in place, Spitzer could agree in court to be taken off the ballot.

"If not, it should be easy for the court to proceed (to order his name removed), given what the state Supreme Court decided," he said.

Another candidate, Riverside private lawyer John W. Vineyard, said the Supreme Court denial should clear what could have been a cloudy issue for voters.

"Assuming that means that Judge Spitzer is being removed from the ballot, it will clarify and simplify the race," Vineyard said by phone.

"I certainly feel very sad for Judge Spitzer and his family," said Anne M. Knighten, another candidate for the office and a Riverside County judicial staff attorney. She said that as a court employee, she could not comment on the lawsuit Molloy has filed.