Judicial Assignment Post Election
I openly acknowledge that my experience is vastly different from that of my opponent. Recently as a ploy to discredit my value to the court, disinformation has been spread to the public that I have no guarantee of sitting on the Family Court bench if elected.
The California Judicial Council publishes recommendations each year regarding judicial assignments to the counties. The current guidelines would direct the presiding judge to place me in the assignment of family court. Based upon my experience in this area and the multiple times I have expressed both publicly and privately to court management that my desire is to serve on the family court I have absolutely no doubt that I will be placed there.
I have spent the last ten years on the bench as a substitute judge in the family court. Placing me in any assignment other than the family court would be to ignore the standards established by the state judicial council. I believe that the presiding judge would act ethically and follow this standard.
Below is a link to the standard so that interested members of the public may view it. I am in this race to serve our community on the underserved family court bench. Your vote can and will bring the desperately needed support the family court bench needs in our community.
I am in this fight to serve the families of San Bernardino County who have been overlooked for too long.
I invite voters to read the entire Standards of Judicial Administration for the family courts for 2010. As you can see that this bench is by far one of the most complex in the county.
This is what the California Judicial Counsel has to say about Family Court Judge assignments:
"Family law is complex and constantly evolving. The laws concerning child custody, support, domestic violence, and property division are always changing. Not only does the family law judge have to understand family law and procedure but also issues that involve bankruptcy, estate planning, insurance, state and federal tax law, business, immigration, and criminal law, which can frequently arise in the context of a family law case. Because of the complexity and long-range impact of the judicial determinations, the presiding judge should strive to place experienced judges in family law assignments."
Please keep in mind the term "should" or "Shall" is defined as a MUST under the Civil Code. The words "may" or "can" are discretionary.
Below is the standard regarding placement of Judges to the family law bench:
(a) Judicial assignments to family court
In a court with a separate family court, the presiding judge of the superior court should assign judges to the family court to serve for a minimum of three years. In selecting judges for family court assignments, the presiding judge should consider, in addition to rule 10.603(c)(1)(A) of the California Rules of Court, the judge's prior experience in family law litigation and mediation, as well as whether the judge prefers to serve in a family law department.
Furthermore the standard oulines the additional role of the family court judge that I strive to bring to the community:
(f) Unique role of a family court
Under the direction of the presiding judge of the superior court, the family court, to the extent that it does not interfere with the adjudication process or violate any ethical constraints, is encouraged to:
(1)
Provide active leadership within the community in determining the needs of, and obtaining and developing resources and services for children and families who participate in the family law court system;
(2)
Investigate and determine the availability of specific prevention, intervention, and treatment services in the community for families who come before the family courts;
(3)
Take an active role in helping the court develop rules and procedures that will result in the ordering of appropriate treatment and services for children and families;
(4)
Exercise a leadership role in the development and maintenance of services for self-represented and financially disadvantaged litigants;
(5)
Take an active part in the formation of a community-wide network to promote and coordinate private- and public-sector efforts to focus attention and resources on the needs of family law litigants;
(6)
Educate the community and its institutions, including the media, concerning the role of the family court in meeting the complex needs of families;
(7)
Encourage the development of community services and resources to assist families and children in the family court system, including self-help information; supervised visitation; substance abuse and drug prevention, intervention, and treatment; services for families with domestic violence issues; counseling; parenting education; vocational training; mediation; alternative dispute resolution options; and other resources to support families;
(8)
Manage cases more efficiently and effectively to avoid conflicting orders;
(9)
Take an active role in promoting completion of cases in a timely manner;
(10)
Appoint counsel for children in appropriate family law custody cases; and
(11)
Ensure that the best interest of children is served throughout the family court process.