Judgement Day

In an unusual year for the Monterey County bench, two judicial seats are contested.

There's a funny thing about elections for judge: The candidates aren't really allowed to talk about the issues. Ask them their opinion on hot topics like jail overcrowding and medical marijuana. They won't tell you, because it's against the rules.

That's according to the California Code of Judicial Ethics, to preserve an unbiased position should the candidates end up seated on the Monterey County Superior Court bench, perhaps ruling on a case about medicinal pot, or sentencing a repeat offender.

It also nfeans elections for open judicial seats can resemble a popularity contest. Candidates go largely off of reputation and endorsements.

And the usual trappings of a political campaign-soliciting donations in exchange for face time-are relatively unseemly for a would-be judge, whose job will be to hear both sides of a case and rule fairly, not in favor of the attorney who attended more fundraisers.

"It does seem completely contrary to what we do," says candidate Heidi Whilden, a family law commissioner on Monterey County Superior Court, of the campaign process. Whilden is running against Administrative Law Judge Luma Serrano Williams for a seat being vacated by retiring Judge Kay Kingsley.*

There are two ways to become a superior court judge in California, depending on when a judge retires: Win an election, or get appointed by the governor (should a sitting judge leave during a six-year term).

With three retirements from the Monterey County Superior Court bench coming, there's more election buzz than usual-and fundraising, with a total of more than $130,000 already raised for the June 3 election.

Whilden was recruited and endorsed by Kingsley. That parallels retiring Judge Susan Dauphine endorsing Assistant District Attorney Stephanie Hulsey (who is running unopposed), and Judge Russell Scott recruiting and endorsing Deputy District Attorney Steve Somers for his seat.

With each of those endorsements comes the blessing of most of the seated bench-at least for Hulsey and for Whilden. In Somers' race against Salinas defense attorney Andrew Liu, the bench is more divided.

Somers and Liu were tied with about $25,000 each in campaign cash as of March 17, the most recent reporting deadline. But Somers' supporters are mostly prosecutors, and Liu has pulled donations both from public defenders and law enforcement officials. Retired Greenfield Police Chief Joe Grebmeier, with a $100 gift; retired Monterey County Superior Court Judge and mediator Richard Silver ($500); defense attorney Larry Biegel ($1,500); and County Probation Officer Tiffany McMahon ($250) make up a representative sample.

In 16 years as a prosecutor, Somers has handled 27 murder cases (all but one have resulted in convictions).

"A prosecutor is unique among attorneys," Somers says. "We are legally and morally bound to always do what we think is the right thing."

Somers has collected mostly small gifts from fellow prosecutors. His single largest contribution, $3,000, came from the Monterey County Prosecutors Association. He hasn't taken well to fundraising-"I don't feel comfortable asking attorneys who are going to be appearing in front of you to give you money," Somers says-or seeking endorsements. His backers are heavy on law enforcement associations and include Sheriff Scott Miller. Less than half of the current Monterey County Superior Court bench is endorsing Somers, though the judges he appears before have endorsed him almost entirely.

The other half endorses Liu, who's been on the other side too: Before becoming a defense attorney, he was a Monterey County prosecutor and also supervised the domestic violence and sex crimes unit of the Bronx, N.Y., DA's office. His judicial supporters include three retired appellate court judges, a current appellate court judge and eight current Monterey County Superior Court judges.

Whilden and Hulsey, meanwhile, count the endorsements of the bulk of the current bench of seated judges. That should come as no surprise in Whilden's case, considering superior court commissioners like her are voted in by the judges. She presides over a courtroom much like a judge would, with somewhat lesser responsibilities. She hears family law cases, including custody battles and paternity disputes that can make a courtroom into an emotional place where family members often represent themselves. "It's important they leave feeling like justice was done, and they did have their day in court," Whilden says.

Besides the support of the current bench, Whilden also has the endorsements of several of the same law enforcement and prosecutors' groups backing Somers.

While Serrano Williams has no endorsements from Monterey County Superior Court, she has a robust list of endorsements from the California Unemployment Insurance Appeals Board, where she has served since 2008. As an administrative law judge, she hears appeals from unemployed and disabled workers appealing insurance denials by the state.

"I administer oaths, take testimony, cross-examine witnesses," she says of her current job. "We are the bailiff, we are the receptionist We do all that while preserving due process for people."