SONOMA, CA – In the Recorder’s “Sonoma County Judge Disciplined for Diving Too Far Into Local School Debate,” the improper actions taken by Sonoma County Superior Court Judge James Bertoli in a high school renaming debate were detailed.
The Recorder refers to documents released as part of the disciplinary hearings against Judge Bertoli by the Commission of Judicial Performance, a state watchdog agency that publicly admonished the judge for his actions.
According to the Recorder, Judge Bertolli used Facebook and newspaper editorials to publicly oppose the renaming of his alma mater, Analy High School.
The Commission described his actions as “improper political activity (and) improper social media conduct that demeaned the judicial office.”
The Commission wrote in the released documents that Bertoli had the right to privately comment on the issue, but “his judicial position required his abstention from public political activity.”
However, Judge Bertoli argued his actions were protected by the First Amendment, a view that the Commission did not share.
The Recorder then refers to the judicial canons that govern judges’ speech during judicial campaigns to explain why Judge Bertoli’s actions are not protected under free speech, as noted in the Commission’s order: “Judge Bertoli is a sitting judge, not a candidate for office, and is subject to greater restrictions than a candidate. The judge’s conduct is thus subject to regulation and discipline under the canons.”
The article then describes the original event that led to Judge Bertoli’s discipline case, a 2021 decision by West Sonoma County Union High School to close El Molino High School and send its students to Analy High School. The consolidated school operated under the name ‘West County High School’ amid ongoing debate regarding its future name.
According to the Recorder, this event divided the residents of the region, leading to litigation in Sonoma County Superior Court.
Judge Bertoli, a member of the Analy Alumni Association, was actively in support of keeping the Analy name, and, wrote the Recorder, his actions included leading protests, joining letters to the editor of a newspaper opposed to any change, and meeting with an attorney to consider legal action.
The Recorder quotes the Commission as saying, “The protest rallies involved a highly divisive issue, in which Judge Bertoli’s participation could reasonably undermine the public’s confidence in the judiciary.”
The Commission emphasized that, given Judge Bertoli’s meeting with an attorney, the debate “was reasonably likely to give rise to litigation in the Sonoma County Superior Court.”
According to the Recorder, Judge Bertoli also often took to Facebook to criticize school district leaders and accuse them of ignoring community concerns. The Commission quoted one such post in its order, where Judge Bertoli stated “in my profession, a rush to a result without deliberation tends to get you overturned by the Court of Appeal.”
Other such comments against critics of his actions were also mentioned in the article, including when he called an opponent’s comments “fascism at its finest.”
The Recorder said Judge Bertoli defended his conduct on social media, saying he never identified himself as a judge online, and was functioning as a private citizen.
However, according to the commissioners, he “used profanity and derogatory language, and he spoke derisively of those who did not agree with him.”
Judge Bertoli’s remarks were found to be in violation of five ethical canons by the Commission, including one that requires judges to avoid the appearance of impropriety.
The Recorder added Bertoli improperly fundraised for a Sonoma County Charity by noting the donation on his social media page, where many of his followers are aware of his status as a judge.
The commissioners called attention to this issue, stating, “Judge Bertoli argued that he did not solicit funds, but the commission concluded that the publication of his donation created the appearance of impropriety because it could reasonably be perceived as an invitation to others to donate.”
The Recorder article reported all nine commissioners who took part in the disciplinary hearings against Judge Bertoli voted to publicly admonish him.
