It seems with all of the serious budget problems faced by our state government our legislators can still find time to place more burdens on those who provide services to us with politically correct nonsense.  SB 1729 (Migden) is another example that our state legislators should only be allowed to meet part time lest they get into too much mischief. 

 

SB 1729, if passed into law, would provide that health care professionals must take mandatory sensitivity training if they provide services to "gay, lesbian, bisexual and transgender" seniors.  As with most of these pro-homosexual bills, there are no exemptions for those with any religious or other objections.  I am sure the option for a health care professional who has any objections to this "training" (indoctrination) is to forget their 1st Amendment rights or lose their job.  So much for tolerance!  Of course another problem with this bill is that it appears to correct a problem that is not proven to exist!

 

SB 1729 is another reward for those who make a lifestyle choice and wish the rest of us to pay for it.  So called Gay Seniors should not be a protected class any more than blonde people, tall people or retired legislators who cannot safely drive an automobile or keep their campign finances properly accounted for.   

 

SB 1729 passed the Senate Health Committee and is in the suspense file of the Senate Appropriations Committee (which means it can be brought out for a vote and off to the Assembly at any time). 

 

If you wish to object to this politically correct nonsense you should write your legislator and the Governor now.  A sample letter is here:   

No on AB 1729 #2.doc

 

Last year Assemblywoman Sally Lieber introduced her anti-spanking bill which would have made the spanking of a child by a parent or guardian a criminal offense. Thankfully that bill was shelved by the Assembly.

Not wishing to take no for an answer, Ms. Lieber is back with another version of the anti-spanking bill AB 2943. Just like last year's bill, AB 2943 wishes to make a crime out of a time honored discipline method calling for the arrest of parents who use a "switch" and causes the child "unjustifiable physical pain or mental suffering."

 

No one wishes to justify child abuse - and there are already laws on the books that allow for the prosecution of anyone, including a parent, who abuses a child.  However, Ms. Lieber's bill goes beyond the issue of child abuse by using vague and ambiguous language to define the crime and identifies items that a child can not disciplined with such as a "switch" a tool used for centuries by parents wishing to lovingly discipline their child. 

This bill has passed the Assembly's Public Safety Committee and is before the Appropriations Committee at the writing of this post.

If you wish to oppose this silly nanny government bill, you should send your representatives and the Governor a letter in opposition. A sample is attached:

._No on AB 2943 #2.doc

Now that we are finished with No. 12, let's shift the focus to the next judicial race - Superior Court Judge, Office No. 4.

This race will be between Nick Thompson, a decorated soldier, and Michael Bartlett, a litigator.

Currently working as a deputy district attorney, Thompson has earned the endorsement of his boss - T-Rack and the incumbent judge who is retiring at the end of his term.

Unlike our coverage of Office No. 12, there is more firework in the competition between Nick Thompson and his opponent, which is good.  Thompson also challenged his opponent's candidate statement on the ground of inaccuracy.  You can get more details by reading all of Thompson's responses to my questions below.

I met Thompson only once and was impressed with the image that he projected while delivering a speech to a room full of conservative activists.  Thompson, a Bronze Star recipient for his services in Iraq and Bosnia, is also endorsed by the California Republican Lawyers Association and most recently, by the California Republican Assembly.

As of the March 17 financial report, Thompson has raised only $5,135, but loaned himself a whopping $101,500.  He already burned through $60,398 but again like other judicial candidates, it was spent on filing fee, candidate statement, and slates.  His cash on hand is $56,277.

Thompson's campaign is managed by long time OC political operative Brett Barbre of Barbre & Associates. When I asked Thompson why voters in Orange County should elect him Judge over his opponent, his response was:

My broad base of experience, both in life and in the legal profession, has given me the solid and diverse background that is required for a good judge. Having come from a large family (9 kids) with an educator father and stay-at-home mother, I had to put myself through school. Against school recommendations, I had to work in a warehouse for half a day in the early morning hours in order to pay for books, tuition, etc. I have worked in mental health, criminal - prosecution & defense, dependency & juvenile, business litigation, corporate formation, family law, etc. My entire career has actually been spent in the courts. The appx. 80 judges throughout the state that have endorsed me, have done so because they know me and want me to join them on the bench.  They believe that I have the skill, knowledge, familiarity with trial and hearing procedure and rules of evidence that many civil lawyers lack from rarely being in a contested hearing. None of these judges know my opponent.  The most significant factor that I believe makes me more qualified is my military experience which has given me the importance of attention to detail and accuracy and integrity in words and deeds.

My opponent first claimed, even under oath on the ballot statement, that he was inspired to continue public service by his great-great-great grandfather, Gov Washington Bartlett. This ancestor turned out to be a racist uncle. My opponent also testified under oath at the hearing challenging his ballot statement that he didn't know if the Lincoln Club was a Republican (partisan) organization. Bartlett's assertion that he wanted to be a public servant, which led him to become a city attorney is also misleading. He has always been a private attorney - contracted or hired by a city. This would be similar to a paving company claiming public service when a city hires it to repave a road.

On which experience was the most rewarding for him, soldier or prosecutor:

Each of my careers have been rewarding in different aspects of my life. Being a soldier has fulfilled a lifelong desire to serve my country and has made me a wel-rounded, disciplined individual. My service to my community as a gang task force prosecutor has probably been the most rewarding because I have had a direct impact on my own neighborhood in making it a better and safer place for people to live and businesses to thrive. The job is not complete, however, and i am committed to do my part to frustrate the recruitment and criminal enterprises of street gangs and identity thieves. In my job I worked directly out of the police department and with gang detectives, probation officers, etc and found this to be effective and rewarding as well.

On who is his favorite Justice on the U.S. Supreme Court:

My favorite current justice is Chief Justice Roberts for his conservatism, professionalism and intellect. He has remained above reproach and seems to be a unifying figure on the bench.

On how much money he anticipate needing to be victorious in the June election:

My projected campaign costs are: $150,000.00

On his opponent's claim that over 60% of the cases before the court is civil matters yet the majority of the current judges on the bench came from the District Attorney's Office:

This claim is misleading, as have others been. "Civil" matters encompass a wide range of legal issues presented to the courts.  Business litigation is not predominant over criminal mattes which are required by law to have priority over civil trials, if necessary. The variety of "civil" cases include probate, mental health (conservatorships & guardianships - formerly known as the LPS calendar that I became familiar with during law school as an interviewer/investigator), family law (which I handled in my first few years of practice), Dependency (I have 6 yrs of experience in that court), complex civil (which I handled as a civil environmental enforcement prosecutor). etc, etc.  The real issue is having judges who know how a case is to be presented and who knows the Evidence Code inside out. DA's tend to have this experience. The rules of evidence are the same for all types of cases heard in court.

For more information on the Nick Thompson for Judge campaign, you can  visit his website at www.nickthompson.com.  For a brief look at his professional experience, click here for his resume.

Next up in our coverage of the race for Superior Court Judge, Office No. 12 is Debra Carrillo.  Ms. Carrillo has a long history of working in the legal community.  At a much younger age, Debra was also a police officer for the City of Laguna Beach.

As of the March 17 financial report, Debra raised $5,350 and loaned her campaign $50,099.  By far this is the largest personal loan for a candidate in this race.  Like all of her opponents, Debra spent $23,562 with the bulk of the expenditures going to the Registrar of Voters' Office for filing fee and candidate statement.  Her cash on hand is $31,886.

A registered Democrat, Debra Carrillo is officially supported by the Democratic Party of Orange County.  However, she has also earned the endorsement of District Attorney Tony Rackauckas, a registered Republican.  That alone tells me that Carrillo is a bi-partisan attorney.

The Debra Carrillo for Judge campaign is managed by Chris Jones.  Chris was a chief of staff to then-Senator John Lewis and is now a self-employed political consultant since 1999.

When I asked why the voters of Orange County should elect her as Judge, Debra responded:

Of the four, I am the only candidate with substantial experience in all major areas of the law.  I worked as an associate on complex civil litigation for nearly four years.  Orange County courts' sophisticated civil calendars dictate that the judges presiding over these cases have civil law experience.  Many judges whose only background is in criminal prosecution are ill-equipped to handle such cases.  I am the only candidate who was a sworn police officer for several years, working at the front line of justice.  I also served as a courtroom bailiff, observing trial after trial.  I saw the best actions of judges, and the worst.  I was elected SBA President, was on the Law Review, was published, and earned a full tuition scholarship at the University of San Diego.

As an attorney, I teach Advanced Trial Advocacy, covering all phases of trial, to attorneys in many fields, not just to fellow deputy district attorneys.  In my current assignment, as a deputy district attorney IV, I am assigned to the White Collar Crime Task force.  I prosecute major fraud:  losses over $100,000.  By seizure of assets and diligent prosecution, I have returned over half a million dollars directly to aggrieved victims in the past two years, in addition to millions more that was ordered to be returned. Prior to becoming a Deputy District Attorney, I was a criminal trial litigator.  In my 22-year legal career, I have tried over 100 jury trials to verdict.  In my race, one of the candidates has criminal prosecution experience only and two of the candidates have civil law experience only.  Orange County Superior Court calendar is comprised of more than two thirds criminal cases.  The best background for a judge to handle criminal cases is prior experience advocating from both sides of the counsel table.  I am the only candidate in the race for Office No. 12 with such experience.   For objective coverage on the specifics of this judicial race, see the series of articles written by Frank Mickadeit in the Orange County Register.  My entire career has prepared me for the position of Orange County Superior Court Judge.  I also recognize that the position I currently hold and the position I seek both call for scrupulous honesty.  I am the most qualified in my race.

On who is her favorite Justice on the U.S. Supreme Court:

Justice Anthony Kennedy.  He is thoughtful, non-ideological and considers each case on its merits.

On her area of legal expertise:

My area of legal expertise is criminal prosecution.  In my current assignment, I prosecute felonies in the area of White Collar Crime:  high dollar amount grand theft, embezzlements, ID theft, credit card theft, and elder financial abuse.

On which legal or law enforcement experience was the most rewarding for her:

Working as a street cop is extremely gratifying because you are rescuing people in actual, physical danger, or, arresting the perpetrators of such harm to law-abiding citizens.  You truly serve your community.  Working as a deputy marshal was personally rewarding because it was an education in the living law of the courtroom.  Without that experience, I never would have become a lawyer.  As a deputy public defender, you are an essential thread in the fabric of American law:  without the criminal defense attorney, our justice system would be a sham:  The greatness of America lies in equal justice for all.  One of the most rewarding moments from my public defender career came years later.  Just a month or so ago, I was approached by a young woman at South Coast Plaza, who recognized me as her former attorney.  She was falsely accused of assault and battery on the live-in father of her child.  After we fought hard and the case was dismissed, we parted ways.  When she approached me, she told me that she often thought of me and that I inspired her to work hard and earn her degree at UC Irvine in Criminology, Law & Society.  She is currently applying to law schools.  To me, that sort of unintended influence is priceless.  Finally, as a deputy district attorney, I shepherd victims through the system to convict the criminals who harm them.  Getting those criminals off the streets where they could continue harming more people is unbelievably rewarding.  I must say that there is nothing more rewarding than serving public safety and helping the victims of crimes.

On which other candidate will make it with her to the November run-off:

It will probably be the two deputy district attorneys, as the public holds prosecutors in high esteem and voters tend to put public safety first in their election decisions.

Mike Flory is the other deputy district attorney.

On how much money she will need to make the November run-off:

Approximately $100,000

There are four candidates in this race: Mike Flory, KC Jones, Debra Carrillo and Kermit Marsh.  Convention wisdom dictates that Flory and Carrillo have an advantage in this race because of their "Deputy District Attorney" ballot title but that's not something KC Jones and Kermit Marsh can't overcome with more money.

For more information on the Debra Carrillo for Judge campaign, please visit her website at www.debracarrillo.com.

You can read my profile of Flory and Jones by click here and here.

The second candidate running for judge that got back to me was KC Jones, a judicial attorney for the County of Orange who is running for Superior Court Judge, Office No. 12.

According to the Registrar of Voters' website, KC will be on the top of the ballot and will surely pick up support from voters who usually vote for the top candidate if they are unfamiliar with the rest.

As of the March 17 report, KC only raised $2,519 but loaned his campaign $35,000, which is a sizable amount.  He already spent $28,453 on the ballot statement and other miscellaneous items, which leaves him with $9,065 cash on hand.

If the KC Jones for Judge campaign is behind their rivals in the money chase, their candidate is sure making up for it by other means.  I see KC at a lot of public events.  It doesn't matter if those events are Democratic or Republican oriented, if there is a good size crowd, KC will be there to shake hands and pass out his brochures.  So far, he and rival Mike Flory are the only candidates for Office No. 12 that has blanketed Orange County with campaign signs.  I haven't see anything from Debra Carrillo or Kermit Marsh yet.

KC Jones's campaign is managed by Steve Spernak of SCM Consulting.  Yes this is the same Steve Spernak who ran Mike McGill's assembly race before Joe Giardiello and Brandon Power was brought on board to salvage the campaign.

A word of advice for KC, don't spend your money on DVDs.

When asked why the voters of Orange County should elect him, KC responded:

I believe that I have the unique combination of experience, intellect and temperament to succeed as a judicial officer.  I am intelligent, dedicated and hard working and am seeking to expand upon my solid foundation as an active and successful lawyer.  After over 20 years of civil litigation, I realized that there is a great deal that I can contribute to the community through a judicial position.  I have long felt that the judiciary is the highest calling in the legal profession, and have contemplated a judicial position for several years.  This is the reason I resigned my partnership and left private practice for a position as a judicial attorney.  The courts have given much to me over the years, and I feel that I have much to give back in return.  (You can click on the link below to read the full response)

On who is his favorite Justice on the U.S. Supreme Court:

In reading the recent decision in the lethal injection case, Baze v. Rees, I have become more impressed with the restrained approach taken by Chief Justice Roberts.  He relied on prior precedent that capital punishment was permissible, and focused on the key issues that were presented concerning the method and available alternatives.  His approach was respectful of precedent, free from grandiose pronouncements and restrained to the issues at hand.  As the many concurring opinions revealed, there certainly was the opportunity to depart from this approach.  I believe that Chief Justice Robert's refusal to do so was admirable.  While he is still new in the position, he has shown the promise toward true greatness as a Chief Justice.  Chief Justice Roberts demonstrated this same restrained conservative approach in the recent voter ID case.

On his area of legal expertise:

Civil Litigation / Trial / Appellate Practice in the following areas:  Business Law; Community Association Law; Professional Liability (Errors & Omissions and Directors & Officers); Real Estate Law; Employment Law;  Injury to Reputation; Intellectual Property; Commercial Law; Insurance Law.  Transactional / General Counsel Practice in the following areas: Business Entities, Buy-Sell, Formation and Operation; Real Estate Contracts, Leases and Conveyances; CC&Rs Interpretation; Insurance Coverage and Evaluation; Sales and Commercial Transactions; Entertainment, Trademarks and Copyright Employment, Contracts and Counseling.

On which legal experience was the most rewarding for him:

By far, the most rewarding experiences have come from my service as an arbitrator and temporary judge.

On which other candidate will make it with him to the November run-off:

Debra Carrillo

On how much money he will need to make the November run-off:

$85,000

To read KC's full response to all of my questions, you can click here.  For more information on KC Jones, please visit his website at www.KCJonesforJudge.com.

As the Registrar of Voters' Office is mailing out the first wave of ballots to permanent absentee voters across the county today, many of us still do not know very much about the candidates running for Orange County Superior Court Judge in Office Number: 4, 8 and 12.

So to be more informed about who to vote for, I decided to contact those judicial candidates myself and the first person that responded was Michael Flory.

Michael Flory, a deputy district attorney, is running for Superior Court Judge, Office No. 12.   Flory is running against three other candidates.  As of March 17, Flory has raised $36,500 and also loaned an additional $7,000 to his campaign.  He already spent $37,394 and as of the latest reporting period, is only sitting on $6,731.  The lion share of his expenditures was for the filling fee and 200-word ballot statement.

Flory's campaign is managed by Dennis DeSnoo, a veteran political consultant.  For those who may not know, DeSnoo was one of the masterminds behind the signatures gathering effort to overturn the re-appointment of Harald Martin to the Anaheim Union High School District.  He also provided political service to then-Yorba Linda Councilman Mike Duvall in 2004.

During my email exchanges with Flory, I asked him why the voters of Orange County should elect him over his opponents and this is his response:

In my race I am the only judicial candidate who is a career Deputy District Attorney.  I am the only Deputy District Attorney in the race who has conducted a jury trial as a prosecutor.  In fact, I have tried 74 jury trials and countless court trials as a prosecutor.  I have also handled thousands of cases as a deputy district attorney ranging from the most violent of offenders down to minor traffic infractions.  For my dedication and hard work, in 2003, I was awarded the prestigious "Prosecutor of the Year" award by the Orange County Narcotics Association.  Additionally, I am the only candidate in the field who has taught fellow deputy district attorneys, police officers and police agencies classes on the following legal issues: trial tactics, venue, cross-examination, direct examination, voir dire issues, testifying in trial and wall cases. 

On who is his favorite Justice on the U.S. Supreme Court:

John Roberts is my favorite Justice on the current Supreme Court.  He is conservative, clear and concise in his thinking and a non-activist jurist.

On what is his area of legal expertise:

Criminal law is the area of my legal expertise.  I have dedicated the last 15 years of my career to prosecuting cases as a deputy district attorney.

On how much money he will need to make the November run-off election:

I believe I will need to creatively spend $60,000 in order to make the November run-off.

I suspect the campaign low ball the amount because in reality, they will need at least $100,000 since filling fee and the statement alone already burned more than $30,000.  We will get a better picture of Flory's fundraising strength in late May when the second round of reporting is due.

For more information on the Mike Flory for Judge campaign, you can visit his website at www.mikefloryforocjudge.com.