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Challenger Repecka Appears to Have Defeated Judge Spear
By a MetNews Staff Writer
Emily T. Spear, a Los Angeles Superior Court judge who was found by the state’s judicial-conduct watchdog body to have persistently shirked duties and lied to supervisors in an effort to get unearned vacation time off, appears to have been defeated in her reelection bid.
The only plausible explanation for the seeming victory is the Los Angeles Times’s editorial endorsing Spear’s challenger, Deputy Public Defender Kimberly Repecka.
The vote tally as of yesterday afternoon is 51.44 percent in favor of Repecka.
The Registrar-Recorder’s Office reported late Tuesday that an estimated 126,000 ballots remain to be counted. There was no update as of press time yesterday.
Knowledgeable observers say it is statistically impossible for Spear to win.
Public Admonishment
The Commission on Judicial Performance said in a Sept. 6 decision and order imposing a public admonishment on Spear:
“Judge Spear engaged in a pattern of behavior that conveyed a persistent disregard and disrespect for her judicial and administrative obligations, for her judicial colleagues, and for her supervising judges and court administration. Judge Spear’s misconduct included numerous unauthorized and undocumented absences and early departures from court; disparaging remarks about a judicial colleague; discourteous conduct toward, and false statements to, her supervising judge; and manipulation of her calendar for personal benefit.”
The commission declared:
“Judge Spear asserts that her misconduct is mitigated by a number of factors. In both her response to the preliminary investigation, her objections to the notice of tentative public admonishment, and at her appearance before the commission, Judge Spear argued that her health problems—which she characterized as significant, serious, and potentially life threatening—were well known to her supervising judges and the cause of the majority of her misconduct. Judge Spear, however, presented minimal evidence in support of her claim.”
Unsupported Claim
It continued:
“And, while in her objections and at her appearance before the commission, Judge Spear claimed that she has received ‘glowing’ and ‘outstanding’ reviews of her current performance from her supervising judges, she presented no evidence to the commission in support of this claim. Further, Judge Spear argues that she has accepted responsibility for her misconduct and is remorseful. Although at her appearance before the commission, Judge Spear acknowledged the impropriety of some of her conduct, in her response to the preliminary investigation she consistently defended her conduct and directed blame towards her colleagues and supervising judges.
“In light of the number of incidents of misconduct, the judge’s lack of insight into the seriousness of her misconduct, and the fact that some of her misconduct reflected a lack of integrity…, the commission has determined that a public admonishment is the appropriate discipline.”
Times Editorial
The Times said in its Feb. 6 editorial endorsing Repecka:
“The Times has endorsed judges for reelection whose behavior was even more egregious, but that’s because their challengers were even less impressive.
“But Spear’s challenger, Kimberly Repecka, is capable and well-regarded. She represented children in dependency court and now works as a deputy public defender.
“Repecka acknowledges that she is targeting Spear because of the incumbent’s misconduct, and because no one else stepped up to challenge her. But it’s not a grudge match; Repecka has never appeared in Spear’s courtroom.
“This is the first time in more than 30 years that The Times has recommended defeat of an incumbent judge. It’s not that Spear is the worst judge to come up for reelection in those decades. But she has shown herself to be unfit and she has been challenged by a better candidate. The Times recommends a vote for Repecka.”
Other Races
The other challenged incumbent, Lynn Olson, won handily, Deputy District Attorney Leslie Gutierrez, in a contest for an open seat, prevailed over two opponents, including O.J. Simpson prosecutor Christopher Darden; and Deputy District Attorney Christmas Brookens appears to have won an open seat over one opponent.
Brookens’s opponent is a male, Deputy District Attorney Keith Koyano. This election year, as in recent years, females have had an election advantage.
There appear to be run-offs between these candidates:
Deputy Public Defender George A. Turner Jr. and private practitioner Steve Napolitano; Deputy Public Defender Ericka J. Wiley and Deputy District Attorney Renee Rose; Deputy District Attorney Sharon Ransom and La Shae Henderson (a private defense lawyer listed on the ballot as “Deputy Public Defender”); Deputy District Attorneys Georgia Huerta and Steven Yee Mac; and Deputy District Attorney Tracey E. Blount and Texas A&M Law School Associate Dean Luz E. Herrera.
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