judge – Attorney Legal Counsel

Defendants want out of Dane County Judge Berz’s courtroom

attorneylegalcounsel99 — Fri, 15 Nov 2024 13:30:33 +0000

A Dane County judge currently under investigation for alleged disrespectful conduct toward defendants has seen twice as many requests from defendants as her peers to move cases out of her courtroom.

Part of the reason Circuit Judge Ellen Berz has seen 427 so-called substitution requests since 2020 is that she’s been assigned solely to criminal cases since before then, and in Wisconsin, defendants under state law are entitled to one judicial substitution per case without having to provide a reason for asking.

Berz

AMBER ARNOLD, STATE JOURNAL ARCHIVES

Still, the two other judges who have been solely assigned to criminal cases since 2020, John Hyland and Nicholas McNamara, have seen far fewer such substitution requests — five and 185, respectfully — and state law also allows both defendants and plaintiffs in civil cases the same one-time, no-questions-asked substitution, meaning the potential for such requests is double that in criminal cases.

Berz did not respond to requests for comment for this story.

It’s difficult to know why defendants in Berz’s courtroom are asking to have her taken off their cases at a disproportionate rate, largely because criminal defense attorneys are wary of criticizing a judge who could decide their clients’ cases.

One of the attorneys who asked for a substitution in Berz’s courtroom, and who asked not to be identified, said the request was less about Berz than it was about the chance to get a different prosecutor if the case was moved to a different courtroom.

Nine other attorneys who have recently asked to have Berz removed did not respond to requests for comment, nor did the State Public Defender’s office.

UW-Madison clinical associate law professor John P. Gross, a former criminal defense attorney, said that typically when a criminal court judge sees a lot of requests from defense attorneys to move cases out of a courtroom, it’s because the judge has developed a reputation for being “particularly harsh when it comes to sentencing.”

Other reasons could include that an attorney has disagreed with some of the judge’s past rulings, that a client has said something seen as inflammatory that upsets the judge, or that the judge has a poor judicial temperament, he said.

“If you’ve got 17 options for a judge and you’re seeing one particular judge with an outlier rate at substitution requests … that means that that judge has got a reputation as somebody who is an outlier in terms of sentencing or conducts trials in a way that might be hostile toward the defense or is reluctant to grant suppression motions or any of the above,” he said.

Dane County’s chief judge, Julie Genovese, said she didn’t “have any personal knowledge of why people are substituting on certain judges,” and that one would have to ask the attorneys making the requests to find out.

She said she hadn’t been aware of Berz’s unusually high number of substitution requests before the Wisconsin State Journal requested the data. Asked if she would bring the matter up with Berz, she said “maybe,” but she declined to comment on specific judges.

As elected officials, judges aren’t subject to any kind of formal employee review process by the chief judge or any other official or body, although complaints can be filed against judges with the Wisconsin Judicial Commission. The commission reviews complaints and decides if there is probable cause to send it to the Wisconsin Supreme Court, which oversees all state judges, and the high court can decide to appoint a panel to recommend any discipline of the judge that it thinks the high court should impose.

‘You’re not playing that game’

According to the commission’s complaint against Berz, the judge likely violated four rules requiring judges to be unbiased and have “high standards of conduct,” and to treat people they come into contact with as part of their duties “with patience, dignity and courtesy.”

It points to two incidents in particular:

At a May 31, 2019, hearing in a child sexual assault and bail jumping case, Berz warned that “this court will not forget” defendant Richard H. Harrison’s request for another delay in his trial if Harrison were ultimately found guilty, which he was by a jury on all counts on Nov. 22 of that year.

“You’re not playing that game anymore after this,” Berz told Harrison, according to transcripts. “Go to the prison and talk to them about all the games you can play. We’re done here. Clear? Mr. Harrison, clear?”

The two then got into a brief back-and-forth in which Harrison told Berz “your sarcasm is extremely clear” and Berz retorted, “Good. I thought it would be. That’s why I’m saying it to you that way, because I thought you would relate with that.”

In the second incident, on Dec. 13, 2021, Berz ordered a bailiff to leave her courtroom to go arrest defendant Noah A. Hodges, who was facing drug-related and bail-jumping charges and who didn’t show up that day for his trial because, his attorney told Berz, he was in the hospital.

When the bailiff said he could not leave the courthouse to make the arrest, Berz said she would do it herself and set out with Hodges’ attorney in her own car in the direction of the hospital.

“Judge Berz also stated that, if something happened to her when she went to pick up the defendant, they would hear about it on the news,” the complaint alleges.

The complaint says “Hodges’ attorney told the judge that this trip was a bad idea, as the judge is to be the neutral decision maker in the case.”

Berz reportedly told Hodges’ attorney that “if she truly thought they should turn around, they would turn around.” The attorney said they should turn around and Berz then took them back to the courthouse, the complaint says.

Hodges in April 2023 pleaded guilty in the case to one count of fifth- or sixth-offense driving while under the influence of a controlled substance. Four other charges were dismissed as part of a deal with prosecutors.

Berz in a court filing has admitted to the allegations against her, and she and the commission have also agreed that a seven-day suspension would be appropriate punishment, but the review panel created for her case has asked both parties to submit briefs on past judicial misconduct decisions to help it better make a decision.

It wasn’t clear when that panel would complete its work and the high court impose any discipline, but the commission had until Tuesday to file its brief and Berz has until 25 days after that brief is filed to file her response.

Photos: Israelis protest proposed judicial changes

Israelis protest against plans by Prime Minister Benjamin Netanyahu’s new government to overhaul the judicial system outside the Knesset, Israel’s parliament in Jerusalem, Monday, Feb. 20, 2023. Israel’s government is pressing ahead with its contentious plan to overhaul the country’s legal system. A vote in parliament on Monday is due despite an unprecedented uproar that has included mass demonstrations, warnings from military and business leaders and calls for restraint from the U.S. (AP Photo/Ohad Zwigenberg)

Ohad Zwigenberg

An Israeli protests against plans by Prime Minister Benjamin Netanyahu’s new government to overhaul the judicial system outside the Knesset, Israel’s parliament in Jerusalem, Monday, Feb. 20, 2023. Israel’s government is pressing ahead with its contentious plan to overhaul the country’s legal system. A vote in parliament on Monday is due despite an unprecedented uproar that has included mass demonstrations, warnings from military and business leaders and calls for restraint from the U.S. (AP Photo/Ohad Zwigenberg)

Ohad Zwigenberg

Protesters supporting women’s rights dressed as characters from The Handmaid’s Tale TV series attend a protest against plans by Prime Minister Benjamin Netanyahu’s new government to overhaul the judicial system in Tel Aviv, Monday, Feb. 20, 2023. Israel’s government on Monday was pressing ahead with a contentious plan to overhaul the country’s legal system, despite an unprecedented uproar that has included mass protests, warnings from military and business leaders and calls for restraint by the United States. (AP Photo/Oded Balilty)

Oded Balilty

Protesters supporting women’s rights dressed as characters from The Handmaid’s Tale TV series attend a protest against plans by Prime Minister Benjamin Netanyahu’s new government to overhaul the judicial system in Tel Aviv, Israel, Monday, Feb. 20, 2023. Israel’s government on Monday was pressing ahead with a contentious plan to overhaul the country’s legal system, despite an unprecedented uproar that has included mass protests, warnings from military and business leaders and calls for restraint by the United States. (AP Photo/Oded Balilty)

Oded Balilty

Israelis protest against plans by Prime Minister Benjamin Netanyahu’s new government to overhaul the judicial system in Haifa, Israel, Monday, Feb. 20, 2023. Israel’s government on Monday was pressing ahead with a contentious plan to overhaul the country’s legal system, despite an unprecedented uproar that has included mass protests, warnings from military and business leaders and calls for restraint by the United States. (AP Photo/Ariel Schalit)

Ariel Schalit

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Convicted ex-DEA agent Bongiovanni wants attorneys replaced

attorneylegalcounsel99 — Tue, 22 Oct 2024 21:02:46 +0000

Twelve days after a jury convicted him, Joseph Bongiovanni on Tuesday asked for new lawyers to represent him, citing an irreparable breakdown in his relationship with his current legal team.

“I’m stunned by this,” U.S. District Court Judge Lawrence Vilardo said of the retired Drug Enforcement Administration agent’s request.

“I thought the lawyering in this case was superb on both sides, and I don’t say that lightly,” Vilardo said during a court proceeding Tuesday.

Vilardo said he received an affidavit from Bongiovanni concerning the request. The affidavit was not publicly available.

Former DEA agent Joseph Bongiovanni, middle, arrives for a hearing on June 21, 2023, at the Robert H. Jackson U.S. Courthouse with his lawyers, Parker MacKay, left, and Robert Singer. Bongiovanni has asked a federal judge for new lawyers following his conviction this month on seven of 11 counts.

Derek Gee, Buffalo News

Bongiovanni wants to replace defense attorneys Robert Singer and Parker MacKay, who were appointed by the court on May 17, 2023, to represent him and compensated by the government after he was financially unable to retain counsel when his initial retained lawyers left the case.

Singer and MacKay represented Bongiovanni in his trial earlier this year, when a jury deadlocked on most of the counts, but convicted him of two charges, and in the two-month retrial that concluded earlier this month with guilty verdicts on seven of the 11 counts he faced in U.S. District Court.

When asked to explain his request, Bongiovanni asked to meet with Vilardo separately to disclose his reasons and help the judge “understand this better.”

“It’s too late to save the relationship, at this point,” Singer said.

Singer said interference from John J. Gilsenan, a Rochester lawyer who had helped the legal defense team during the two trials, fractured the relationship between Bongiovanni and his two defense lawyers.

Former DEA agent Joseph Bongiovanni, 60, faces 11 charges as his retrial gets underway, many related to his dealings with Peter Gerace Jr., th…

“We unknowingly allowed a fox in the hen house,” Singer told the judge.

Gilsenan assisted Singer and MacKay during the trial, but did not cross-examine government witnesses or make any legal arguments before the judge.

Singer said Gilsenan was terminated from the case shortly after the Oct. 10 verdict.

The suggestion another lawyer undermined the relationship between a client and his lawyers “is very, very distressing to me,” Vilardo said.

Gilsenan did not attend the court proceeding.

The special agent in charge of Homeland Security Investigations in Buffalo confirmed an investigation remains ongoing.

When asked for comment by The Buffalo News, Gilsenan said, “I’ll do my speaking in the courtroom and through my filings.”

“My primary focus is on protecting Mr. Bongiovanni’s interests,” Gilsenan said.

The legal work that remains in Bongiovanni’s case includes motions to the district judge to set aside his felony convictions, and if those fail, to review and comment on a presentence report prepared by probation officials, to prepare a sentencing recommendation to the judge, and to appeal the guilty verdicts to an appellate court.

Bongiovanni has a lawyer in mind to represent him, although he did not name him in open court, and he also wants Gilsenan appointed as co-counsel.

“It’s not how this works,” Vilardo told Bongiovanni.

A replacement would come from the Criminal Justice Act – or CJA – panel of private attorneys who accept appointed cases.

“If you want to take your chances with another lawyer, you can do that,” Vilardo said. “But you don’t get to pick one.”

Assistant U.S. attorney Joseph Tripi asked Vilardo to reject the request.

Tripi said Bongiovanni’s legal representation improved after the appointment of Singer and MacKay, who he said are “clearly in the upper tier” of the skilled defense lawyers he has faced off against as a federal prosecutor.

Tripi said the two defense lawyers distinguished themselves by the legal issues they raised, their focus on the issues and their tenacity.

The heist might have been just a chucklesome story in the annals of Western New York crime – if not for whose house John McDonald burglarized and whose ring was inside the safe.

“Perhaps Mr. Bongiovanni doesn’t like the result of the trial,” Tripi said.

Vilardo agreed to a meeting with Bongiovanni, Singer and MacKay later this week, but declined to meet with Bongiovanni alone.

Jurors in Bongiovanni’s retrial convicted him on four counts related to the Ronald Serio and Michael Masecchia marijuana trafficking organization: conspiracy to defraud the U.S; conspiracy to distribute controlled substances; and two counts of obstruction of justice. Bongiovanni’s three other convictions were related to Pharaoh’s Gentlemen’s Club owner Peter Gerace Jr. – two counts of obstruction of justice and one count of false statement to a U.S. agency – for internal DEA memos he wrote and for what he told investigators about his past contact with the Cheektowaga strip club owner.

The jury in Bongiovanni’s first trial found him guilty on one count of obstruction of justice and one count of lying to federal agents over a case file kept in his home after his retirement.

Bongiovanni was also acquitted on several charges. Jurors at his retrial found Bongiovanni not guilty of accepting a bribe from the Serio-Masecchia drug-trafficking organization. They also acquitted Bongiovanni of two corruption charges and a drug count related to accusations that he protected Gerace and his Cheektowaga strip club from narcotics investigations. Jurors at his first trial acquitted Bongiovanni, 60, of obstruction of justice for deleting data on his DEA-issued cellphone when he retired. And before the start of his retrial, U.S. District Judge Lawrence Vilardo acquitted him on the charge he was paid an undetermined amount by Gerace to help him and his Pharaoh’s Gentlemen’s Club avoid federal narcotics investigations.

Patrick Lakamp can be reached at plakamp@buffnews.com

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California judge who allegedly texted court staff that he shot his wife pleads not guilty

attorneylegalcounsel99 — Fri, 23 Feb 2024 16:48:02 +0000

Orange County judge pleads not guilty to murder charge

02:28

A Southern California judge charged with killing his wife during an argument while he was drunk pleaded not guilty on Tuesday.

Orange County Superior Court Judge Jeffrey Ferguson remains free on $1 million bail, though he must wear an electronic tracking bracelet and stay within Orange, Riverside or Los Angeles counties.

He also is prohibited from drinking alcohol or going to places where alcohol is the primary business, must surrender his passport, and is barred from owning any weapons or ammunition, according to CBS Los Angeles. Prosecutors also asked that he be barred from contacting his adult son, who called police after the shooting.

His next court hearing is scheduled for Oct. 30.

The 72-year-old was arrested on Aug. 3 at his home in the upscale neighborhood of Anaheim Hills after police found his wife, Sheryl Ferguson, shot to death. Police said said she suffered from at least one gunshot wound.

Prosecutors said in court filings that the couple had begun arguing at a restaurant. As they went home, the argument continued. The complaint alleged that Ferguson made a threatening hand gesture “indicative of pointing a gun at” his wife, according to CBS Los Angeles. When his wife said something to the effect of “Why don’t you point a real gun at me?” the judge allegedly pulled a Glock .40 pistol from his ankle holder and shot her in the chest, according to court filings.

Ferguson had been drinking at the time, the court document said.

Investigators remove firearms from a house in Anaheim, CA on Aug. 4, 2023. Orange County Superior Court Judge Jeffrey Ferguson was arrested Aug. 3 after police received reports of a shooting in an Anaheim home and found the judges wife, Sheryl Ferguson, inside with at least one fatal gunshot wound, police said.

Paul Bersebach/MediaNews Group/Orange County Register via Getty Images

The couple’s adult son and Ferguson called 911, and Ferguson texted his court clerk and bailiff to say he had shot his wife, according to the filings.

He texted: “I just lost it. I just shot my wife. I won’t be in tomorrow. I will be in custody. I’m so sorry,” according to the filing.

Ferguson also allegedly told officers who responded to the scene that he couldn’t “believe (he) did this.”

Ferguson’s attorneys have said it was an accident and a tragedy for the family.

The arrest shocked the Southern California legal community and officials have been grappling with how the case should be handled. The district attorney‘s office in Orange County — a cluster of cities about 25 miles southeast of Los Angeles that are collectively home to more than 3 million people — asked state officials to weigh in on whether there was a conflict before charging him last week. Ferguson was arraigned in Los Angeles.

Orange County Superior Court Judge Jeffrey Ferguson is seen in a police booking photo released Aug. 4, 2023.

Anaheim Police Department

Ferguson has been a judge since 2015. He started his legal career in the Orange County district attorney‘s office in 1983 and went on to work narcotics cases, for which he won various awards. He served as president of the North Orange County Bar Association from 2012 to 2014.

In 2017, Ferguson was admonished by the Commission on Judicial Performance for posting a statement on Facebook about a judicial candidate “with knowing or reckless disregard for the truth of the statement,” and for being Facebook friends with attorneys appearing before him in court, according to a copy of the agency’s findings.

Ferguson said on his Facebook page that he grew up in a military family and traveled throughout Asia as a child. He went on to attend college and law school in California. He and his wife were married in 1996.

As previously reported by CBS News, Sheryl Ferguson worked for the Santa Barbara and Orange County probation departments, and the American Funds Service Company for almost 20 years, before becoming a mother.

The couple have two adult sons, according to CBS Los Angeles.

More from CBS News

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LA Superior Court Judges: Who’s Running In The November General Election And Why It Matters

attorneylegalcounsel99 — Wed, 14 Feb 2024 00:10:25 +0000

What does an Orange County Superior Court judge do?

Superior Court judges oversee trials across all of Orange County. There are more than 100 of them across the court system. These trials cover everything having to do with state and local laws, including family law (such as child custody and divorces), contract disputes, thefts, felony murder, probate (distributing a person’s possessions after they die) and small claims.

A judge’s job is to act as court referee:

making sure all sides are abiding by the proper rules
hearing arguments
handing down rulings based on the evidence presented and their interpretation of the law

If the law is very clear on a given issue, a judge has to stick to it regardless of how they personally feel. In other cases, laws may be ambiguous, and that’s when a judge has to issue their own interpretation of the law. Judges also have a fair amount of discretion when it comes to handing down penalties, such as the length of a sentence for a criminal conviction or the payment sum for a civil case. That’s where it starts to really matter who is in the seat.

Superior Court judges serve six-year terms, but they don’t always have to face reelection when that time is up. They’ll only appear on your ballot if someone challenges their seat at the end of their term. Judges who go unchallenged automatically get reelected into their next term and never appear on the ballot at all.

Before you keep reading…

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You might recognize their work from …

Your traffic ticket dispute. Or your child custody case. Or that time you served on a jury. If you’ve never had to interact with the court system before, you’ve definitely heard of a case the Orange County Superior Court has handled: Consider the twisty turny story of John Meehan, which inspired the podcast and TV series Dirty John.

What should I consider in a candidate?

Evaluating judicial candidates is notoriously hard. There can be dozens of them in a given election, and since many candidates are wary of politicizing judgeships, they don’t spend a lot of money on campaign advertising, which makes it hard to find out who they are or what they stand for. Plus, these are nonpartisan seats, so you don’t have the option of just voting for candidates who identify as a member of the party with whom you’re registered.

This is really not an easy task for the average voter, but there are a few pieces of information you can look at to help with your decision.

Here are some tips based on advice we previously received from Judge Stuart Rice, an L.A. Superior Court judge and a past president of the California Judges Association (note: he is not up for reelection):

Look at the Bar Association’s ratings. Usually, the O.C. Bar Association (OCBA) undertakes a lengthy evaluation process for each judicial candidate during every election. This year, OCBA officials told us those rating should be out midweek (week of Feb. 12) and we will add them once they post.

Check out endorsements. These are nonpartisan seats, but you’ll still see endorsements from newspapers, politicians and issue-based organizations, just like any political contest. If there’s an organization you trust, their endorsement might tip the scales for you.

Consider candidates’ experience. The only requirement for being a judge is to be authorized to practice law in California (usually by passing the bar exam), or to have already served as a judge for 10 years in California. That means you might find a wide range of legal experience among candidates. If they were a judge before, or have significant trial experience, that’s a big clue as to how prepared they may be for the job on day one. Having a history as a prosecutor or defense attorney can also tell you they’ve had a lot of experience in court, and give you an idea of their potential approach to criminal justice issues.

Here are some common job titles you may see on the ballot:

Superior Court commissioner: Someone hired by court judges to do lower-level judicial work, such as traffic violation hearings or small claims. “Once chosen as a commissioner, you are already doing the job as a judge,” said Judge Rice (who himself started his career as a Superior Court commissioner).
Deputy district attorney: A prosecutor who works for the county district attorney’s office, representing the government in felony and misdemeanor cases.
Deputy county counsel: An attorney who works for the county counsel’s office, giving legal advice to different departments and representing the county in various litigation issues.
Public defender: A defense attorney employed by the government to represent defendants accused of crimes who can’t afford private lawyers.
City attorney: An attorney who handles lawsuits on behalf of a city government. In places like L.A., deputy city attorneys also act as prosecutors for misdemeanors.
attorney, attorney at law, counselor at law, or lawyer: These are general titles used to describe anyone authorized to practice law, whether they’re a law professor, private defense attorney, in-house counsel at a company, or someone who’s passed the bar exam but isn’t actually working as a lawyer. You’ll likely have to dig a bit more to find out the candidate’s actual work experience.

Fun fact: Until recently, judicial candidates would frequently use their job titles on the ballot as a campaign marketing tool. Candidates would list themselves as “violent crimes prosecutor,” “child molestation prosecutor,” or “domestic violence attorney” to catch voters’ eye — and the tactic largely worked. A reform bill passed in 2017 put an end to that practice, so now you see much more neutral titles like the ones above. (That doesn’t necessarily stop candidates from finding other ways to finesse their appearance on the ballot — one legally changed his first name to “Judge” in the 2020 elections, despite not being an actual sitting judge.)

Look at a candidate’s website. If a candidate doesn’t even bother having a website or online presence where you can learn more about them, that’s a signal they may not be running a serious campaign, Judge Rice said. Campaign websites can also give you more detailed information about a candidate’s background, mission and experience.

Why do we vote for judges?

In short, because we have for a long time and because proposals to stop electing judges haven’t succeeded.

If you’re not totally comfortable with the idea of electing judges, you’re not alone. Lots of people have questioned whether it’s a good idea to elect our judiciary — does it cause judges to worry more about being popular instead of making the right decisions in cases? Some critics also point to something that happened back in 2006 across the county line in L.A. when a well-respected sitting judge who had served on the court for over 20 years unexpectedly lost her seat to a bagel shop owner with much less legal experience who spent way more money on campaign advertising.

The Candidates

With all the above in mind, here is our judges guide. It includes the six candidates vying for three seats. Each profile has the candidate’s job, campaign website, and a link to their full list of endorsements (when available). Again, we will add OCBA ratings once they post.

It’s worth noting that of 36 judge seats up for election in Orange County, just three are competitive.

Office No. 3

Dan Jacobson
attorney

Full candidate statement:

I’ve practiced law for 35 years. During much of that time I also taught law. Throughout my career, I’ve gained the key to understanding the law. That key is – Wisdom.

On November 12, 2019, Congressman Lou Correa gave a speech on the Floor of the House of Representatives “Honoring Legendary Orange County attorney Dan Jacobson.” Congressman Correa said, “Madam Speaker, I rise today to honor Dan Jacobson, a prominent attorney in Orange County [and] longtime defender of the voiceless.”

In the early 1980s I was homeless for a brief time. When down, I got up and fought back against my circumstances. And I ended up a successful lawyer, being praised on the Floor of the House. Through it all I gained, and continue to pursue, knowledge and experience, which mixed together produce – Wisdom.

I understand crime victims – I was one, staring down the barrel of a robber’s pistol. I’ve represented people from all walks of life. For five years I volunteered as a Judge Pro Tem at the Santa Ana courthouse dispensing justice with thoughtfulness, toughness, and – Wisdom.

I’m married to my lifelong best friend, Lyly. I’ve led Boards of Directors of non-profits as varied as the Richard and Donna O’Neill Land Conservancy and the Brodie Dance Company.

I’m serving my 2nd term as Commissioner on the California Accountancy Board. I was appointed to that seat by Speaker of the Assembly Emeritus Anthony Rendon. In that position, I use – Wisdom.

I was recognized by preeminent Civil Rights Leader John Lewis when Congressman Lewis sent me his book, The March. Congressman Lewis’ inscription reads, “To Dan Jacobson, Thank you for all of your great work.” Being recognized by John Lewis, demonstrates my – Wisdom.

In the early 2000s Congressman John Garamendi, then California’s Insurance Commissioner, appointed me as a Governor of the California Insurance Guarantee Association. Congressman Garamendi saw in me – Wisdom.

I’ve penned more than 40 scholarly articles in leading legal journals on topics ranging from Indemnity to Grandparents’ Visitation Rights. Please see those at www.https://jacobsonforjudge.com/articles/.

On November 9, 2019 the State Senate recognized me with a certificate issued in my honor. Senator Tom Umberg, Chair of the State Senate’s Judicial Committee, wrote that I have “passion for civic and legal affairs.” That passion is fueled by – Wisdom.

Vote for wisdom; Vote for justice; Vote for Jacobson for judge!

Jason Baez
Deputy District attorney, County Of Orange

Full candidate statement:

A successful 20-year career in the District attorney’s office dedicated to public safety and victims’ rights has earned me bipartisan endorsements from District attorney Todd Spitzer, Sheriff Don Barnes, dozens of Superior Court Judges, Association of Orange County Deputy Sheriffs, Orange County Coalition of Police and Sheriffs, Association of Orange County Deputy District Attorneys, and Orange County’s elected leaders.

I have been honored to receive the North Orange County Bar Association attorney of the Year award, and awards from victim’s rights groups and MADD. I am endorsed by Orange County Labor Federation, and Orange County Employees Association.

As a Deputy District attorney, I protect the people of Orange County by prosecuting violent criminals and getting justice for victims of murder, gang violence, robbery, carjacking, vehicular homicide, and residential burglary. I currently supervise the Gangs, Narcotics Enforcement Team, and Burglary Crews units.

I am running for Orange County Superior Court Judge with the utmost respect for the responsibility, integrity, fairness, and compassion that this job requires. I will follow the law and treat every person who enters the courtroom with dignity and respect at all times.

I humbly ask for your vote. Experience. Integrity. Fairness. www.baezforjudge.com

Office No. 16

Richard Zimmer
Deputy District attorney, County Of Orange

Full candidate statement:

I am proud to be endorsed by leadership across Orange County including Sheriff Don Barnes, District attorney Todd Spitzer, police, prosecutors, victims’ rights advocates, elected officials, dozens of judges, police associations, and the Association of Orange County Deputy Sheriffs representing thousands of peace officers.

For 17-years I have dedicated my career to protecting the people of Orange County. I have prosecuted the most serious crimes including child molestation, rape, armed robbery, gang crimes, and attempted murder, while ensuring our justice system supported and protected crime survivors.

As a supervising Deputy District attorney, I understand the impacts that violent crime, substance abuse, and mental illness have on individuals, their families, and our community. I am a married father of two children and understand the importance of safeguarding our neighborhoods.

With my extensive frontline legal experience, I am prepared to serve as Superior Court Judge from day one. I will follow the law and make sure that criminals are justly punished while treating everyone with dignity, understanding, and respect.

I ask that you join Orange County police, prosecutors, victims’ rights advocates, and judges in supporting my election for Superior Court Judge.

I respectfully ask for your vote. Knowledgeable. Honorable. Experienced. www.Zimmer4Judge.com

Binh Dang
Deputy Public Defender, County Of Los Angeles

Office No. 35

Whitney Bokosky
Deputy District attorney, County Of Orange

Full candidate statement:

For 17 years, I have been honored to serve and protect the Orange County community by prosecuting child molesters, rapists, drunk drivers, and murderers. I worked closely with law enforcement and survivors in conducting 89 jury trials and put the most dangerous criminals behind bars.

I am a tough but fair prosecutor. I take seriously the ethical responsibility of deciding when to pursue a case.

As your Superior Court Judge, I will uphold the law, protect the public, and give respect to every person that enters the courtroom.

My trial experience and character have earned me endorsements from respected and bipartisan community leaders including Sheriff Don Barnes, Orange County District attorney Todd Spitzer, Superior Court Judges, Veterans Alliance of Orange County, Association of Orange County Deputy Sheriffs, Deputy District Attorneys, Orange County Labor Federation, Court Employees, Orange County Coalition of Police and Sheriffs, defense and consumer attorneys, and California’s largest law enforcement organization.

I was born and raised in Orange County. I attended Irvine High School, University of California, Irvine and Chapman University School of Law. My husband is a business owner. We are proud parents to children attending local schools.

I would be honored to earn your vote. Bokosky4Judge.com

Daniel J. Kern
attorney At Law

Website: danieljkernforjudge.org
Endorsements: (not listed)
OCBA Rating: Coming soon
Candidate statement (none listed)

About this article

Gina Pollack compiled the Orange County specific information. Brianna Lee and Caitlin Hernández researched overall issues related to the election of judges, as well as tips on how to make an informed vote.

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Orange County Board of Supervisors: The winners of Districts 1 and 3 will join a five-member board that oversees a county of about 3 million residents with an annual budget of about $9 billion.
Orange County Superior Court judges: There are three competitive races for the bench.

Head to LAist’s OC Voter Game Plan for guides to the rest of your ballot including:

Measure D: Evaluating the initiative that asks Irvine voters to expand the city council and redistribute its powers.
Huntington Beach Measures 1, 2 and 3: A closer look at a trio of measures aiming to reshape Surf City.
Orange County State Assembly*: Meet the candidates vying for these nine seats
Orange County State Senate*: A look at the key races on the ballot
Prop. 1: Here’s a closer look at the proposal at the center of a debate over how to best help people struggling with mental health, drug and alcohol issues.
U.S. Congress: Coming soon*
U.S. Senate: Who will replace the late Dianne Feinstein?

*Produced in partnership with CalMatters

The post LA Superior Court Judges: Who’s Running In The November General Election And Why It Matters appeared first on Attorney Legal Counsel.

Attorney hopes Epstein docs reveal ‘prosecutorial failures,’ media complicity

attorneylegalcounsel99 — Sun, 07 Jan 2024 05:56:33 +0000

(NewsNation) — Former senior deputy district attorney Matt Murphy, hoped the Jeffrey Epstein documents would shed more light on “the abysmal prosecutorial failure in South Florida.”

A third group of records related to the former billionaire and accused sex trafficker were released Friday, totaling more than 3,000 pages. The records are being unsealed on a rolling basis and include names of Epstein’s associates, including high-profile politicians and celebrities.

“They had 13 victims that came forward and they prosecuted on one which led to this joke of a deal,” Murphy said in an interview on “NewsNation Prime.” Murphy wanted more information regarding potential influences on former State attorney Barry Krischer, who changed course mid-prosecution.

Inside Epstein’s jet: Photographer describes ‘trapped’ atmosphere

Additionally, Murphy questioned why Vanity Fair did not run a story on Epstein in 2003, a decision that could have prevented subsequent victims. He expressed concern over the magazine’s failure to act responsibly, leaving victims, including a 16-year-old, vulnerable.

“A reporter was told about this in 2003, and Vanity Fair did not run it,” Murphy said. “They could have prevented a lot of these people from being victims.”

Murphy cited Vanity Fair’s invitation to Ghislaine Maxwell, who had been invited to their 2011 Oscar party after receiving a conviction in connection with Epstein’s crimes, as well as their use of the term “sexual peccadilloes” in an article to describe systematic sexual abuse of minors.

Murphy labeled such actions as inexcusable and urged a reckoning for those who continued to associate with Epstein despite his criminal convictions.

Murphy said that most of the names mentioned in the documents were already known. He emphasized a crucial dividing line in associations with Epstein, pointing to the year 2008 when the financier was convicted of felony sex crimes against a minor.

Murphy argued that those associated with Epstein before 2008 might get a pass, as there is no indication they knew about his criminal activities. However, he firmly asserted that anyone associating with Epstein after 2008, when he became a registered sex offender, should face scrutiny and disassociation.

Regarding high-profile names mentioned in the documents, Murphy addressed accusations against individuals like Prince Andrew from the royal family and Alan Dershowitz. While Prince Andrew’s case settled last year, Dershowitz faced allegations that were later recanted by the victim.

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The post Attorney hopes Epstein docs reveal ‘prosecutorial failures,’ media complicity appeared first on Attorney Legal Counsel.

Peoria students participate in mock trials with real attorneys and judge

attorneylegalcounsel99 — Sun, 01 Oct 2023 00:44:28 +0000

PEORIA Ill. (WMBD) — Students in grades ranging from 5th through 8th had the opportunity to participate in mock trials Saturday morning at ART Inc. in Peoria.

Order in the Court is a Central Illinois program that teaches 5th through 8th grade students the skills needed in a courtroom.

Attorneys, Cornstock Theatre actors, and Judge Alisha Washington all volunteered their Saturday to give the program an authentic feel.

Bradley University celebrates new Nursing Simulation Lab

attorney Chris McCall said he didn’t know an attorney until he was in college, but wanted to go into the profession from a young age.

“I wanted to put together a program where students can learn weather they want to be an attorney or not,” said McCall. “I didn’t know an attorney until college and so I wanted a diverse group of attorneys to volunteer their Saturday and come and teach kids opening statement, closing statement, direct examination, cross examination skills. We also have Cornstock Theatre actors here who are volunteering their time to play the roles so it’s going to be an amazing event today.”

More information on Order in the Court can be found on its Facebook page.

The post Peoria students participate in mock trials with real attorneys and judge appeared first on Attorney Legal Counsel.

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Attorney hopes Epstein docs reveal ‘prosecutorial failures,’ media complicity

Peoria students participate in mock trials with real attorneys and judge