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Judgeship Candidate Yanks Representations From Website Implying Incumbency
By a MetNews Staff Writer
A Downey attorney who has taken out three declarations of intent to run for a Los Angeles Superior Court seat in the June 7 primary on Friday revised his campaign website to remove the impression that he’s a sitting judge.
The lawyer—who has taken out declarations for two open seats as well as for the seat occupied by Judge James Kaddo, who is seeking reelection—initially had identified himself on the home page of his website as:
“Eric Alfonso Torices
“Los Angeles County Superior Court Judge”
On another page, Torices, seen on the bench, in a robe, set forth:
“In early 2018, Mr. Torices became a Judge Pro Tem for the Superior Court of California, County of Los Angeles Temporary Judge Program….After 3 years on the bench, he effectively completed 128 assignments in F. Law and Traffic….”
The representations were reported by the METNEWS in Friday’s issue.
On Friday, Torices changed the line under his name on the home page to read: “For Los Angeles County Superior Court Judge.” The photo of him in a judicial robe remains but the text has been changed to eliminate reference to his having spent “3 years on the bench.” It now says that he has spent “3 years in the program” and discloses: “He is no longer in the program.”
His reference to serving as a “Judge Pro Tem” is forbidden by a rule of the Los Angeles Superior Court’s Temporary Judge Committee, but the only penalty for a violation expulsion from the program which is unavailable; he resigned from it in October. The committee’s rule is based on the notion that reference to “Judgfe Pro Tem” is apt to deceive voters into thinking the candidate is actually a judge.
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Above is a photo of Downey lawyer Eric Alfonso Torices that appears on his campaign website. |
1988 Decision
That view was expressed by the Court of Appeal for this district in its March 31 1988 opinion in Luke v. Superior Court. Div. Five barred a Los Angeles Municipal Court commissioner from using the ballot designation of “Judge, Los Angeles County (Acting),” and declared:
“We…hold that neither a court commissioner, nor any other individual who is not a ‘judge,’ as that term is defined in the Constitution and statutes of this state, may utilize a ballot designation containing the word ‘judge’ or a derivative thereof.”
Torices lists the endorsements of Los Angeles Superior Court Judges Margaret Miller Bernal, Brian F. Gasdia, Charles Q. Clay, III, Lee W. Tsao, Carol J. Najera, James E. Horan, Maria Davalos, Debra Cole-Hall, Daniel J. Lowenthal, A. Veronica Sauceda, and Troy Davis.
Lashley-Haynes Files Declaration
Los Angeles County Deputy Public Defender Elizabeth Lashley-Haynes on Friday filed a declaration of intent to seek Office No. 67, an open seat. She does not have a finance committee and her campaign website, which lists no endorsements, is partially comprised of templates.
David D. Diamond, an unsuccessful canbdidate for the Superior Court in 2018 and 2020, has announced on a campaign Facebook page:
“As many people have been asking, I will not be running for Judge. It is a substantial amount of time, energy and money. The system is flawed by way of Election Code 13107. Until this poorly drafted statute gets amended, no private practice attorney can win an election. I believe that each and every candidate running for Judge should be limited to a ballot designation of ‘lawyer’ ‘attorney’ or ‘attorney at law.’ This is the reason why government employees (i.e. DA’s or AG’s will always prevail). For 2022, our site will examine all candidates and post unbiased voting recommendations. Thank you for all your support!”
Elections Code §13107 was amended by legislation in 2018 to require holders of government positions who run for judgeships to use their official titles rather than such ballot designations, previously used, as “child molestation prosecutor.”
Copyright 2022, Metropolitan News Company