Monday, May 12, 2014

Union-Tribune endorses Judge Lisa Schall, then reports that "No jurist in the state has a less favorable record" than Judge Schall


Incumbent Judge Lisa Schall [U-T file] — Charlie Neuman

The apparent contradiction in San Diego Union-Tribune articles about Judge Schall actually make perfect sense. The U-T is saying that it's better to have a bad Republican than a good Democrat. The U-T thinks it's okay for a judge to improperly throw citizens in jail, to become embroiled in juvenile dependency cases, and to drive drunk, as long as the status quo is maintained in the courts.

I think it should also be noted that the three official admonishments of Judge Lisa Schall don't tell the whole story. The Commission on Judicial Competence is often loathe to criticize judges even when they behave very badly.

This article from the Los Angeles Times from September 1986 recounts how the judge, shortly after being appointed, showed her gratitude to Governor George Deukmejian by appearing at one of his campaign events.

The article notes, “[Mike] Aguirre filed a complaint with the California Commission on Judicial Performance alleging that Guy-Schall’s talk was a violation of judicial ethics guidelines that prohibit judges from endorsing or campaigning for candidates for non-judicial office.”

Apparently Schall did NOT get a reprimand for this shockingly inappropriate behavior, which makes me wonder if there were also other complaints against Judge Schall to the Commission on Judicial Performance that failed to result in admonishments.

See also: After 2 days, Clear Channel pulls down billboards that reveal that Judge Lisa Schall was convicted of a crime


Judge has been admonished three times
No jurist in the state has a less favorable record
By Greg Moran
SDUT
May 12, 2014

Private admonishments are issued by the commission in cases where serious misconduct has been found, but are confidential and only become public if revealed in future disciplinary matters.

Her opponent in the race, federal prosecutor Carla Keehn, is making an issue of Schall’s record. This week billboards went up saying Keehn was the “only candidate for this office NOT convicted of a crime.”

“I think a judge should be above reproach,” Keehn said “Judges should set the standard for law abiding behavior.”

The disciplinary commission has doled out public admonishments just 75 times since 1995 to 22 judges, records show. Several judges who received two public admonishments either retired or were removed by the commission after the second.

Schall said voters should assess her ability over a full career and based on what her peers and others say.

She has been rated well qualified, the highest rating, by the county bar association, she said. All of the Superior Court bench has endorsed her. Keehn received a rating of qualified, the second highest of three rating categories.

Schall has been a judge for nearly 29 years. She was first appointed to the now defunct Municipal Court bench in 1985 at age 32, then elevated to the Superior Court bench in 1989. She has been re-elected four times to six-year terms and has never been challenged, until this year when Keehn decided to run against her.

Private admonishments are issued by the commission in cases where serious misconduct has been found, but are confidential and only become public if revealed in future disciplinary matters.

Her opponent in the race, federal prosecutor Carla Keehn, is making an issue of Schall’s record. This week billboards went up saying Keehn was the “only candidate for this office NOT convicted of a crime.”

“I think a judge should be above reproach,” Keehn said “Judges should set the standard for law abiding behavior.”

The disciplinary commission has doled out public admonishments just 75 times since 1995 to 22 judges, records show. Several judges who received two public admonishments either retired or were removed by the commission after the second.

Schall said voters should assess her ability over a full career and based on what her peers and others say.

She has been rated well qualified, the highest rating, by the county bar association, she said. All of the Superior Court bench has endorsed her. Keehn received a rating of qualified, the second highest of three rating categories.

Schall has been a judge for nearly 29 years. She was first appointed to the now defunct Municipal Court bench in 1985 at age 32, then elevated to the Superior Court bench in 1989. She has been re-elected four times to six-year terms and has never been challenged, until this year when Keehn decided to run against her.

HERE IS THE ENDORSEMENT OF THE UNION-TRIBUNE:

FOR THE SAN DIEGO COUNTY SUPERIOR COURT BENCH
By U-T San Diego Editorial Board
May 12, 2014
The only real decision for voters is in Office 20. Incumbent Judge Lisa Schall is a former prosecutor who has been on the bench since her appointment by Gov. George Deukmejian in 1985. She received the Bar’s highest rating of “well qualified,” and she has the endorsement of virtually all other judges on the bench, numerous retired judges, Goldsmith, Coker and a variety of professional organizations. But she has been admonished three times by the state Commission on Judicial Performance, including once for her guilty plea in 2008 to alcohol-related reckless driving. Her opponent is Carla Keehn, a former Army captain and an assistant U.S. attorney for the past 18 years who was rated as “qualified” by the Bar. The admonishments Schall received are a legitimate issue for voters to consider. The U-T editorial board believes her overall solid record of 29 years on the bench trumps those controversies. We endorse Judge Schall for re-election.

[Maura Larkins's response: "Overall solid record" of doing exactly what? Protecting friends of U-T owner Doug Manchester?

Sharon Kramer May 12, 2014 at 10:55 am

Does the UT have a typo in their story yesterday? They wrote of Schall, “overall solid record of 29 years on the bench”. Surely they meant to write, “overall SOILED record”.

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