Superior Court Judge
Viewpoints
Frequently Asked Questions 14 judges in Fresno Co. expect only 1 challenger Posted at 09:59 PM on Sunday, Feb. 07, 2010 By Pablo Lopez / The Fresno Bee Fourteen Fresno County judges are up for re-election in June, but only one of them appears to have competition. Gary Shinaver, a chief deputy in the Public Defender's Office, says he plans to challenge Superior Court Judge Jim Petrucelli, who has been disciplined by a state commission three times in his 12 years on the bench. In a recent interview, Petrucelli said he knows his opponent will bring up a 2007 California Commission on Judicial Performance report that said he had "engaged in a pattern of making comments that are discourteous, sarcastic or demeaning to those appearing before him." In 2001 and 2002, Petrucelli was sent two private "advisory" letters reprimanding him for infringing on attorneys' rights and raising his voice with county employees, according to the commission's seven-page report. Petrucelli said he accepted the public admonishment and no longer acts that way in the courtroom. He also said he is more qualified to be a judge than Shinaver, who has spent 26 years in the Public Defender's Office. Petrucelli was a sheriff's deputy, a court bailiff and a civil lawyer before being elected in 1998. "I've been a tough judge in tough times," Petrucelli said. "But my toughness should not be viewed as arrogance." Judgeship races typically are dull because the candidates are not well-known outside the courthouse, said Tom Holyoke, an assistant professor of political science at California State University, Fresno. The field of candidates is narrow, Holyoke said, because the position requires qualifications. A candidate must be a U.S. citizen, a registered voter and a member of the State Bar of California or a working judge for the past 10 years, said Lourdes Pelayo of the county's Elections Office. The deadline to file candidate papers and pay a $1,787 fee is Wednesday. The election is June 8. Observers say a judge's job is prestigious because it means rising to the top of the legal profession. The term is for six years and includes a yearly salary of $178,789, good retirement benefits and a secured courthouse parking space. Shinaver's quest to become a judge is rare, because the last time a lawyer successfully challenged an incumbent Fresno County judge was in 2002. Attorney Jon Nick Kapetan defeated Judge Vincent J. McGraw, who was accused by the California Commission on Judicial Performance of lying about using a county computer to view sexually explicit materials via the Internet. Shinaver said he is up to the task. He has no public record of discipline, according to the State Bar's Web site. Shinaver also said he also has more legal experience than Petrucelli. Shinaver became a lawyer in 1983, six years before Petrucelli, the bar's Web site shows. "I remember doing trials when Petrucelli was a bailiff," Shinaver said. Voters who are interested in Shinaver's candidacy can go to his Web site: www.garyshinaver.com. Petrucelli doesn't have a Web site yet, but has a number of key endorsements, said Peter DeYoung, a spokesman for the judge's campaign. "He has devoted his life to being a public servant," DeYoung said. The Honorable Dennis Caeton, Superior Court Judge (retired) Mayor Jim Simonian, City of Fowler Mayor José R. Villarreal, City of Sanger La Raza Lawyers Association, Central Valley Chapter E. Marshall Hodgkins III (former prosecutor), Attorney at Law Peter Jones, Attorney at Law Patience Milrod, Attorney at Law Harry M. Drandell, Attorney at Law Earl Hudson, Hudson Farms, Sanger, California Gaston Cignetti, Partner, New York Life Insurance Co. Dr. Thomas Potigian, D.C., Sunnyside Chiropractic & Wellness Center Sgt. Ralph Salcido, Vietnam Veteran, Honorably Discharged The only evidence that exists of any judicial support is the incumbent’s public FPPC filing (period ending 5-22-10) indicating that 12 sitting judges, at various times after the incumbent’s “95% endorsement” assertion, ended up writing a check to the incumbent’s campaign (contributions ranging from a low of $50 to a high of $350). Thus, out of the 41 sitting judges on the Superior Court bench, only 12 (30% of the bench) have shown some small financial support to the incumbent’s campaign, though it is still unclear and unknown whether any of even these 12 sitting judges have lent their name to the incumbent as a public endorsement. Mr. Petrucelli asserts in his public speeches that those people who are endorsing him have put their names and their reputations behind him. This assertion should cause all voters a great amount of concern. Q: What is the record of the incumbent? California Commission on Judicial Performance Discipline Report: Q: You seem to have a lot of criticisim about your opponent; but what is your background and experience which makes you qualified to serve as a judge? · As a Chief Public Defender for Fresno County with over 26 years of legal experience. · As a Manager staffing the Fresno County Courts on a weekly basis with the personnel necessary to facilitate the smooth, efficient, and effective operation of the Fresno County Court system, saving taxpayer dollars. · As a supervisor leading large groups of attorneys handling some of the most complex and high profile cases in Fresno County. · As an administrator, instrumental in managing and meeting a multi-million dollar County law office budget. · As a trial attorney with many years of courtroom experience, a law & motions practitioner, and a career in the practice of constitutional law that allows me to efficiently process a high volume of court cases on a daily basis. · I was born and raised in Fresno, graduated from California State University, Fresno, and was admitted to the Bar in 1983. My wife, Ann, and I are raising our family here. Both of our children attend college in Fresno. I will continue to work hard to ensure that the People of Fresno County have a court and justice system that they can be proud of. I have worked hard and will continue in my commitment to provide the People of Fresno County with a firm, efficient, and effective court system that will preserve and protect our public safety. I strongly oppose the early release of jail inmates. Early releases jeopardize public safety and erode confidence in our courts and our justice system. Putting criminals back on the street is not the solution to the County's budget problems. As a judge I will work hard to ensure that there are adequate financial resources for our Public Safety System and our Justice Departments. My management and budget experience will provide a foundation for solutions.
Q: Has there been any news media coverage of this judicial race?
A: Yes. The Fresno Bee published an article on February 7, 2010.
Here is the article:
Q: Do you have any endorsements in this campaign?
A: Yes. I am supported by Community Leaders and people throughout Fresno County.
Among my endorsements are:
Q: Your opponent, the incumbent, says that he is endorsed by 95% of the Superior Court bench? Is this true?
A: No, Don't believe it! It is a myth. The incumbent continues to make this assertion, but has never produced the name of a single judge that has publicly supported or endorsed him. To the contrary, the evidence shows that 70% of the Superior Court bench DOES NOT support him.
Why would any sitting judge endorse, condone and stake their reputation on the misconduct, discipline, and incompetence that is the documented and proven record of the incumbent? Each of the 12 sitting judges, whose names are a matter of public record revealed in the incumbent’s FPPC filings, should be asked this question. However, the more revealing question for voters is, “Why does 70% of the Superior Court bench NOT support their own colleague?”
A: The incumbent's documented history as a sitting judge is a shameful and embarrassing record of unethical conduct and a pattern of incompetence that has wasted thousands of taxpayer dollars due to unnecessary appeals and reversals as the result of his incompetent and error filled decisions.
Mr. Petrucelli has been disciplined three times by the Commission on Judicial Performance for misconduct in violation of the Code of Judicial Ethics. There is a link to the Commission's 7 page discipline report on the "My Opponent" page of this web site. The Commission report reveals abusive behavior, an utter lack of judicial temperament, unethical conduct, and a judge that threatens to use his decisions to punish those he does not like and reward those that he does. The commission report alone reveals ten counts of misconduct, causing the Commission to find a pattern of misconduct by the incumbent -- and this was after he failed to heed two prior disciplinary actions by the Commission for the same type of misconduct. Unfortunately, the incumbent's coercive behavior continues to this day.
Mr. Petrucelli has -- by his own admission -- been overturned numerous times by the Fifth District Court of Appeal. These are documented reversals, in writing, revealing a history by the incumbent of failing to understand and apply the law correctly, abusing his discretion, ignoring the law, and depriving litigants of their constitutional rights. The question that must be asked: Is it prudent to continue to waste taxpayer money on unnecessary appeals as the result of an incompetent judge?
Please see the "My Opponent" page of this web site for further information.
ABC 30 News reports: Valley Judge in Trouble for Threats in the Courtroom
http://abclocal.go.com/kfsn/story?section=news/local&id=5332810
http://cjp.ca.gov/userfiles/file/Public_Admon/Petrucelli_05-22-07.pdf
A: My statements about the incumbent are not a negative campaign tactic. They are factual statements of the incumbent's record, documented in writing, for all to see. It is important that voters be informed of the record of an incumbent that seeks to be elected for another 6 year term. It is important to hold incumbents accountable for their records, as well.
I have been an attorney for nearly 27 years. I have many more years of legal experience than the incumbent. My qualifications can best be summarized as follows:
Intergrity * Leadership * Experience
Public Safety is My Top Priority
Copyright . Gary Shinaver. All rights reserved.
