Friday, September 15, 2017
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Judicial Election Reform Bill Nears Final Passage
SB 235 Approved by Assembly, Goes to Senate for Concurrence in Amendments
By a MetNews Staff Writer
A bill aimed at ending inventive ballot designations in judicial races yesterday passed the Senate, and today—on the last day of the legislative session—returns to the Senate for concurrence by members of the originating house in minor amendments.
Sen. Ben Allen, D-Santa Monica, who authored the bill, told the MetNews:
“Ballot designations are important in all races, but they are especially important in judicial races where the candidates are usually among the least known on the ballot. This legislation aims to stop the use of sensationalist, often misleading titles whose main purpose is to deceive voters.”
If amendments are approved by the Senate, the bill will go to Gov. Jerry Brown for signature. The governor has one month to approve or veto bills, and any on which he takes no action automatically become law.
‘Child Molestation Prosecutor’
In recent years, primarily in Los Angeles County, descriptions of jobs—such as “child molestation prosecutor”—have been used as actual titles. SB 235 would amend Elections Code §13107 to provide:
“For a candidate for judicial office who is an active member of the State Bar employed by a city, county, district, state, or by the United States, the designation shall appear as one of the following:
“(A) Words designating the actual job title, as defined by statute, charter, or other governing instrument.
“(B) One of the following ballot designations: ‘Attorney,’ ‘Attorney at Law,’ ‘Lawyer,’ or ‘Counselor at Law.’ The designations ‘Attorney’ and ‘Lawyer’ may be used in combination with one other current principal profession, vocation, or occupation of the candidate, or the principal profession, vocation, or occupation of the candidate during the calendar year immediately preceding the filing of nomination documents.”
A candidate, in setting forth a government office in which her or she is an office-holder or is employed as a lawyer, must precede it by stating, if applicable, “City of,” “County of” or, applicable to San Francisco, “City and County” of.
It also states:
“If the candidate performs quasi-judicial functions for a governmental agency, the full name of the agency shall be included.”
Private Attorneys
The bill was amended to cover non-government attorneys. It now says:
“A candidate for superior court judge who is an active member of the State Bar and practices law as one of his or her principal professions shall use one of the following ballot designations as his or her ballot designation: ‘Attorney,’ ‘Attorney at Law,’ ‘Lawyer,’ or ‘Counselor at Law.’ The designations ‘Attorney’ and ‘Lawyer’ may be used in combination with one other current principal profession, vocation, or occupation of the candidate, or the principal profession, vocation, or occupation of the candidate during the calendar year immediately preceding the filing of nomination documents.”
Bill was sponsored by the Conference of California Bar Associations and endorsed by the California Judges Association, the Alliance of California Judges, the Los Angeles County Bar Association, the San Diego County Bar Association, the Los Angeles Times, and the MetNews, as well as several individuals.
Copyright 2017, Metropolitan News Company