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EDITORIAL
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Kimberly Repecka
Los Angeles Superior Court Office No. 124
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ost election challenges to Los Angeles Superior Court judges lack merit, being based on spite or a notion that the judge is vulnerable in light of such factors as having a foreign-sounding name or being advanced in years. Every now and then, a challenge is warranted.
Such is the case as to Emily Spear. A Sept. 6 decision by the Commission on Judicial Performance points to instances of misconduct reflecting “a lack of integrity,” entailing lying and conniving (as detailed here yesterday).
Also, she has with some frequency ducked out of the courthouse early or not shown up for work, without authorization or explanation.
Her bad behavior was not deemed so egregious as to warrant her removal from the bench by the commission—she received a public admonishment—but the traits that were revealed are such that the electorate could well conclude that Spear is not the sort of person who is desired to be judging cases in our county’s trial court.
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he question is:
Would her challenger, Deputy Public Defender Kimberly Repecka, be any better?
Our answer is “yes.” Definitely, yes.
We’ve met with her. She strikes us as straight forward and candid. Also, she has strong communication skills.
We’ve asked around. No issue is raised as to her truthfulness. Or her industriousness.
In response to our request, Repecka furnished her last three annual office performance reviews. There are no negative comments.
She was found by evaluators to “exercise sound judgment and common sense in the courtroom,” to address “court personnel with civility and appropriate decorum,” and to adhere “to all applicable rules, laws and codes governing the conduct of courtroom behavior.”
In 2022, her then-supervisor, Mary E. Tennant, commented:
“Ms. Repecka demonstrates patience and respect for all clients. She provides zealous advocacy and treats all other stakeholders with civility and respect.”
Tennant said last week of Repecka:
“She has an excellent work ethic and is extremely smart. I supervised Ms. Repecka for two years and she always provided excellent representation for every client.”
One knowledgeable member of the Public Defender’s Office tells us that Repecka “enjoys a solid reputation amongst colleagues as ethical, intelligent and introspective.”
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y contrast, we discern that her reputation among bench officers is not altogether favorable. As one jurist puts it: “Judges that she has appeared before have found her to be difficult to work with and argumentative.”
Repecka remarks:
“I think if you’re a defense attorney who hasn’t had a problem with a judge, you’re not trying very hard.”
She adds that she has never been held in contempt and declares:
“I can’t think of anyone that I think would have negative things to say about my character or my work ethic.”
If she is overly zealous as a defense attorney, there is no reason to suspect that if she ascended to the bench, shedding her role as an advocate, she would not be able to function properly as a neutral arbiter.
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bsent a miracle, Spear will win.
In 1970, Los Angeles Superior Court Judge Alfred Gitelson was defeated by an unaccomplished lawyer, William Kennedy, based on Gitelson’s highly unpopular decision mandating the transporting by buses of some children from their neighborhood schools to other areas with the objective of thwarting de facto segregation. Since then, only two judges in this county have been toppled at the polls—either in a Superior Court race or in a Municipal Court contest (the last ones being in 2000)—absent an emotion-grabbing issue. One was Roberta Ralph in 1988 (her loss generally attributed to her ballot designation as “incumbent” rather than her office title being used) and the other was James Pierce.
Then-Deputy District Attorney Carol Najera in 2014 won over Pierce in the primary with 50.4 percent of the vote. Who was it who orchestrated her campaign, masterfully utilizing social media? Spear.
Two years later, Spear prevailed in a race with a Los Angeles Superior Court commissioner who was decidedly better qualified than she.
Spear was instrumental in gaining the election in 2018 of then-Superior Court Commissioner Danielle R.A. Gibbons over then-Deputy District Attorney David A. Berger (now a judge through subsequent election), despite Gibbons’s markedly inferior credentials.
And it is doubtful that then-Deputy District Attorney Sherry L. Powell would have garnered 62.94 percent of the vote in the March 3, 2020 primary over attorney Timothy Reuben (whose qualifications were high, though less than hers) had it not been for Spear’s guidance. Reuben’s primarily self-financed campaign spent well over half a million dollars and Powell’s committee paid out a bit over $32,000.
In running this year, Spear has not only her own considerable prowess in managing judicial campaigns to rely upon but also that of Crystal Litz, a professional consultant who learned the craft from the undisputed master of guiding judgeship races, the late Joe Cerrell.
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hy is Repecka challenging Spear?
She tells us: “What I was actually watching the last few weeks was whether or not anyone else was going to challenge her—because I didn’t think it had to be me. I thought there could be someone else. But then I just saw that no one else was going to and it just—it offended me, frankly.
“Everyone that I knew in my office and in other law offices saw this admonishment and thought, My God, what does it take to get fired from that job? You do all that and all they do is just slap you on the wrist and say, ‘Oh, don’t do that, anymore.’
“I don’t think that she should not have someone challenge her. I just kept looking at that list of people signed up to run and said, ‘OK, if it’s not me, it looks like it’s no one.’ ”
We agree that Spear warrants election opposition.
Pessimistic as we are that Repecka can defeat her, we endorse Repecka as the only worthy candidate in the race.
Copyright 2023, Metropolitan News Company