Good article this morning in the Daily Democrat, pointing out that most of the judges in Yolo County have now been appointed within the past four years. Of the 10 judges, six have now been appointed by Gov. Arnold Schwarzenegger with the addition of Judge Daniel Maguire in the past week.
Yolo Judicial Watch focuses a large amount of attention on the District Attorney, but it is very clear that problems in this county go well beyond just the DA’s Office. Yolo County judges have by-and-large been conservative, appointed by Republican Governors, and many are former prosecutors themselves. Of course, mandatory sentencing laws in this state do not help, nor do juries that often shift the burden of proof.
We have spent a lot of time talking about Judge Mock, a former prosecutor, whose wife Ann Hurd was, until last year, the Chief Deputy DA in Yolo County. This has been the subject of a lot of controversy at times. His overall reputation is mixed, with some attorneys singing his praise, and others suggesting that his inherent conflict makes it difficult for him to preside over court in a fair manner.
Judge Fall is an interesting case. Attorneys have respect for Judge Fall’s knowledge of the law, but he is temperamental. Attorneys fear being even a minute late in his court. He will often berate attorneys rather harshly, even in front of a jury. He can yell and scream at attorneys. He can softly rip-criticize them. You just never know what you are going to get, one attorney told me. On the other hand, others have said he is their judge of choice, given his vast knowledge of the law. You just have to stomach his demeanor.
We have gotten to see Judge White up close and personal for weeks now with the Gang Injunction Trial. It is a difficult trial to be a judge over. There is a huge amount of material over a huge amount of time. I doubt either side is completely happy with her rulings in the case. But she has attempted to weigh the evidence in a very thorough and fair manner. I come away with very positive reviews about her court. Outside of the Gang Injunction trial, I have seen Judge White on numerous occasions go out of her way to avoid putting people into jail for offenses that did not pose a public threat.
Judge Rosenberg has an interesting career and an interesting reputation, both as a politician and now as Presiding Judge. As a judge, he seems to be very fair and thorough. I don’t know if I would call him a defendant’s judge, but he has a reputation among defendants of being fair and trying to help them.
Judge Warriner is leaving the bench now, being replaced by Judge Maguire. Judge Warriner is an interesting enigma. He has a reputation for being a prosecutor’s judge, in the extreme. However, his demeanor borders on frivolity. He frequently cracks wry jokes, some of which are bordering on inappropriate, and makes random comments and observations.
Of the newer Judges, we have seen a lot of Judge Richardson. Judge Richardson is a former Yolo County Deputy DA. On a personal level, he is exceedingly nice and soft-spoken. On the other hand, the defense attorneys really appear to want no part of him. Many have said they will move immediately for a different judge. They do not believe he knows the law that well and feel that he is in the prosecutor’s corner. My impressions are largely based on the Topete case, which is probably not the best test, although to a person, no one believes he should be presiding over such a complex case.
In the Daily Democrat article, Judge Rosenberg said that the court went twenty years with virtually no change. Given the state of our system, that cannot be a bad thing. What will be the impact of the influx of new judges?
One thing that appears clear is that, unlike Governors Wilson and Deukmejian, Governor Schwarzennegger has generally attempted to appoint moderates to the bench. Judge Maguire is the latest example. He is said to be a moderate Republican.
With the exception of Judge Richardson, most of them have not made their way to felony court, as of yet. But that figures to change.
It would also be nice to see what happens if Jerry Brown gets elected. Since 1982, Republicans have controlled the Governor’s Mansion for all but five years. However, with the influx of new appointments, it is not clear that a new Governor Brown would be able to appoint many new faces.
One point that Judge Rosenberg makes in the Daily Democrat article is that Yolo County is supposed to have an 11th Judge. However, with the recession, there has not been funding for one.
—David M. Greenwald reporting
Let us not forget that Mr. DA Jeff Reisig is very strong, very far right wing Republican and he is buddies with LA DA Cooley, possibly the next AG. Not a good thing for Yolo. Reisig already has his little man power complex, with a friend in the AG’s office will only makes things worse.
David,
DMG “Yolo County judges have by-and-large been conservative, appointed by Republican Governors, and many are former prosecutors themselves.”
What are you founding the assertion that Yolo County judges are for the most part conservative on? Appointment by a Republican governor and once serving as a prosecutor is usually a strong indicator? Exactly how many of the judges are former prosecutors?
DMG “His overall reputation is mixed, with some attorneys singing his praise, and others suggesting that his inherent conflict makes it difficult for him to preside over court in a fair manner.”
What’s your sample like and who (DPD, DDA, conflict, etc) falls where?
DMG “On the other hand, others have said he is their judge [Fall] of choice, given his vast knowledge of the law.”
Similar question as above, is it a mixed bag of attorneys who share this sentiment?
DMG “He has a reputation for being a prosecutor’s judge, in the extreme. However, his demeanor borders on frivolity. He frequently cracks wry jokes, some of which are bordering on inappropriate, and makes random comments and observations.”
The enigma stems from his behavior and personality, which presumably is more consistent with someone who’s a “defendants’ judge,” but his rulings as a judge are very much the opposite?
DMG “Governor Schwarzennegger has generally attempted to appoint moderates to the bench. Judge Maguire is the latest example. He is said to be a moderate Republican.”
I read that Maguire is considered a moderate, but nothing was offered up to support that. Anyway, how does “conservative,” “moderate” and “liberal” translate on the bench or predict anything on this level? Is it indicative of how one will be on the bench? More “conservative” could mean he or she is more likely to be a “prosecutors’ judge,” while more “liberal” may suggest the appointee is likely to be more of a “defendants’ judge?”
Rabbit,
“Let us not forget that Mr. DA Jeff Reisig is very strong, very far right wing Republican and he is buddies with LA DA Cooley, possibly the next AG. Not a good thing for Yolo. Reisig already has his little man power complex, with a friend in the AG’s office will only makes things worse.”
You do make everything about the DA, don’t you? Makes me wonder.
Specifically, what is “far right-wing” about Reisig? His views on a DA’s role in the criminal justice system?
Cooley being the next AG would not be good for Yolo County because you claim he and Reisig are friends? Why?
Presiding over the courtroom means the judge leaves his political affiliations behind. It is his duty to do so, and to follow the law. The judge is more of a “traffic cop”, keeping the ebb and flow of evidence and the trial running smoothly. In criminal cases, it is the jury that ultimately decides the verdict of innocence or guilt. Where the judge has more discretion is in the sentencing phase, but mandatory sentencing laws restrict that discretion to some degree. I just don’t see this as a particularly political issue as you are suggesting…
Even liberal Jerry Brown is espousing the view of being “tough on crime” bc it is politically expedient. And he is a Democrat…
[quote]Cooley being the next AG would not be good for Yolo County because you claim he and Reisig are friends? Why? [/quote]
In my opinion and my experience with Reisig, his office and his lack of integrity, any time he gets close to people in power only increases his protection to do what he wants without oversight or question.
That is bad for the justice system, for Yolo and for the poor people that get caught in Reisig’s web of deceit, dirty tricks, cash for convictions and his fast loose way he goes after his high prison terms just to fool people like you into thinking he is good or doing a good job. It is wrong, he is the problem and unless people look past his fast words and big stats and press releases they will continued to be fooled.
Anyone else notice Mr. Reisig is still pouting about the media questioning him? Notice he cut off his press releases just like people said he had threatened to do? As long as Boy Reisig was getting his way and just using the press to get out his “reckless and false” press releases, there was a press release a day from the DA.
Now that he was called, challenged and questioned, suddenly, no more press releases. And Mr. Reisig shows his true colors! And still there will be those that protect and be fooled by this guy and carry his flag.
Roger,
RR “In my opinion and my experience with Reisig, his office and his lack of integrity, any time he gets close to people in power only increases his protection to do what he wants without oversight or question.”
What exactly is your relationship (or former relationship) with Reisig, if you don’t mind sharing? Can you provide any examples in which Reisig got “close to people in power” with the sole intent being further insulation from scrutiny? In many instances, isn’t the “closeness” of certain individuals necessary for the purpose of increased efficacy of one’s office…to better serve the public?
RR “That is bad for the justice system, for Yolo and for the poor people that get caught in Reisig’s web of deceit, dirty tricks, cash for convictions…just to fool people like you into thinking he is good or doing a good job.”
If Harris is elected it will be better for Yolo County, then? Have I commented on how great I think Reisig is or that he is a fine DA? I have my problems with his office and the decisions that have been made. I don’t think I’ve been fooled into believing anything. I just think some of the “facts” and logic used by some posters, when criticizing the DA and his office, aren’t very good.
RR “It is wrong, he is the problem and unless people look past his fast words and big stats and press releases they will continued to be fooled.”
His decision making may very well be a contributing factor to the “problems” associated with the YCCJS, but he is not THE problems, IMHO. They have discretion, you disagree with the way in which that power is exercised by his office and I do too at times…but it’s not unlawful, is it?
Roger,
RR “ Anyone else notice Mr. Reisig is still pouting about the media questioning him? Notice he cut off his press releases just like people said he had threatened to do? As long as Boy Reisig was getting his way and just using the press to get out his “reckless and false” press releases, there was a press release a day from the DA.”
I’ve noticed some DA related stories in the paper, but there are noticeably fewer since the whole retraction thing. That said, I don’t know if that means Reisig’s pissed with the Democrat’s decision to do that.
Who said Reisig threatened to cut the media off? I assume you’re referring to Dorsey’s column, right? Dorsey never claimed a threat had been made, but that he was mindful of the DD’s reliance on these press releases and that by “attacking” their sources, the source could potentially shut them out/ruin their rapport.
RR “Now that he was called, challenged and questioned, suddenly, no more press releases. And Mr. Reisig shows his true colors! And still there will be those that protect and be fooled by this guy and carry his flag.”
Personally, I think it’s for the better not having the press releases running in the papers given the media’s inability to verify the content.