Friday, December 6, 2019
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‘Judge Mike Cummins’ Won’t Have Ballot Title Of ‘Retired Judge’; Will Be Termed ‘Retired’
By a MetNews Staff Writer
A retiree named “Judge Mike Cummins,” who is running for a Los Angeles Superior Court seat, now has the ballot designation of “Retired.”
He previously chose the description of “Retired Judge.” However, §20716(h)(4) of the Code of Regulations provides:
“A candidate may not use the word ‘retired’ in his or her ballot designation if that candidate possesses another more recent, intervening principal profession, vocation, or occupation.”
Cummins was in practice between the time he resigned from the Stanislaus Superior Court in 2006 until he went on inactive State Bar status on Jan.17, 2017. He resumed active bar status on Feb. 1, 2018, after entering the race for district attorney of San Luis Obispo County, but lost that contest and has not been practicing law.
Change of Name
In 2017, Cummins’s petition in San Luis Obispo Superior Court to change his name from Michael Richard Cummins to Judge Mike Cummins was granted.
His opponent in the contest for Office No. 76, Los Angeles Deputy District Attorney Emily Cole, has said she will file a writ petition seeking to bar the use of Cummins’s first name on the March 3 ballot because it is apt to deceive voters in believing that Cummins is (or was) a judge of the Los Angeles Superior Court.
Nominating petitions are due today, which is also the deadline for candidates to voluntarily change their ballot designations. As of press time yesterday, Mark MacCarley had not changed his title from “Retired Army General” although he has “another more recent, intervening principal profession, vocation, or occupation” as a practicing attorney.
He has not been available for comment.
Possible Writ Proceeding
His opponents, Deputy District Attorney Kenneth M. Fuller and attorney Bruce A. Moss, has each indicated the possibility of challenging the ballot designation if it is not changed by MacCarley. If he does not alter the designation and neither rival files a writ petition, the designation could still be challenged by a non-candidate.
Sherri “Onica” Valle Cole has taken out, but not returned, nominating papers for Offices 129 and 150.
Robert F. Jacobs also took out nominating papers for two offices but has said he will turn them in for Office 72, but has not done so yet.
Copyright 2019, Metropolitan News Company