Prosecutor John Molloy Challenges Disgraced Judge's Qualifications
Posted by: Joe Lucsko | 03/18/2008 4:15 PM
Riverside County prosecutor and judicial candidate John Molloy has filed a motion with the Riverside County Courts to remove Robert Spitzer from the ballot. Molloy contends that when Spitzer was removed from serving as a judge by the State of California, Spitzer was disqualified from seeking the office in the June election.
On October 2, 2007, the State of California's Commission on Judicial Performance removed and disqualified Robert Spitzer from being judge following an extensive investigation of misconduct by Spitzer in his courtroom. This rare action was taken by the Commission after the investigation uncovered "a pattern of misconduct consisting of delays, indecision, signing of false salary affidavits," improper communication with parties who had cases before him in the Court, and Spitzer's bias against prosecutors.
The Commission stated in it's removal order of Spitzer that "the purpose of a commission disciplinary proceeding is not punishment, but rather the protection of the public, the enforcement of rigorous standards of judicial conduct, and the maintenance of public confidence in the integrity and independence of the judicial system. After careful consideration, we have concluded that these objectives can only be met through removal from office."
The Commission concluded, "Judge Spitzer has engaged in a course of conduct which seriously undermines public confidence in the fair and competent administration of justice and demonstrates a lack of ability to refrain from future misconduct." The Commission also stated "The likelihood of future misconduct is a key factor in our decision to remove Judge Spitzer from judicial office,"
Despite the Commission's ruling, Robert Spitzer has filed to run for election to the judicial seat he had been removed from in October. Spitzer apparently convinced the Registrar of Voters to allow him to run for re-election to the judicial seat he vacated because he has appealed his removal to the California Supreme Court. The Supreme Court has yet to take any action on Spitzer's request.
"There is no sound legal basis for Spitzer to be on the ballot," Molloy said. "An appeal does not automatically overturn or freeze a judgment against a person. If our legal system worked the way Spitzer is pretending it does --- every criminal in California would be out of prison simply by appealing their convictions. This is another example of the type of unethical behavior that resulted in Spitzer's impeachment last year."
Molloy currently serves Riverside County as a Deputy District Attorney, where he is a member of the DA's elite Homicide Unit.
Molloy is supported by District Attorney Rod Pacheco, Sheriff Stan Sniff, Banning Police Chief Leonard Purvis, Corona Police Chief Richard Gonzales, Indio Police Chief Brad Ramos, and Riverside Police Chief Russ Leach. The Corona Police Officers, Murrieta Police Officers, Riverside Police Officers, and Riverside's Deputy District Attorneys are also supporting John Molloy's candidacy for Judge.
