Vern here: It appears the worst omission in our June 2022 election coverage has already occurred! A good friend writes in:
“Remember Judge Scott Steiner, who had sex in his judicial chambers with two women, one his then-current intern, both former students of his when he was an adjunct professor at Chapman University Law School?
“Well, he is up for re-election in Superior Court Judge, Office No. 38 — and he is currently poised to be re-elected to another six-year term unopposed. Any challenger has until this Friday, March 11 to complete the application process.
“For understandable reasons, judges on our Superior Court generally do not appreciate candidates challenging sitting judges. They rightly don’t want challenges based on their issuing unpopular decisions, for example. That can transform the judiciary into a biased and fearful branch, rather than one that can safely aspire to impartiality.
“But: opposing a judge based on their ethics, or scandals like this — which is probably considered a bigger deal right now in 2022 than it was in 2016, when Attorney Karen Schatzle ran against Judge Steiner — that is something that judges should welcome rather than fear.
“Which brings me to ask: Is there no well-qualified attorney or law professor who can challenge Judge Steiner? YOU HAVE TILL THIS FRIDAY TO APPLY!”
And Office # 30!
Vern again, and now we’re speaking of a different Superior Court Office, Number 30, for which the only candidate is currently the incumbent, Frank Ospino. No, Judge Ospino did not as far as we know have sex in his chambers – what HE went and did was DIED a few weeks ago, so you’d think that after a decent interval for mourning, some other well-qualified attorney or law professor would apply for his old office.
In the case of death of an incumbent, the application deadline is extended FIVE CALENDAR DAYS – that is, until next Wednesday, March 16!
No news is available as to how Judge Ospino died (at the age of 61, on Feb. 19) but his obituary page includes several touching tributes, which match my memory of him as a very patient and caring Public Defender (before he became a judge.) Here are some of those:
From his friend Deann Payn: “Frank I wish I could speak with you one more time! I would tell you the impact you have had on my life. Your kindness made me do better and your gentle nature made me calmer. I loved watching you in Court defending some person that I felt had nothing coming yet there you were protecting their rights. I so admired you for that! I probably never told you. Then when you where appointed to the bench and went to Family Law you trusted me to handle a very difficult case that I’m still working. So many memories that I will cherish forever. You made a difference.. that is your legacy. I will miss you my friend”
From his colleague Eric Alderete: “This is a devastating loss to the Orange County legal community. Frank was a pillar of the bench and was an exceptional PD. He was class and intellect personified. QUE DESCANSE EN PAZ.”
From former defendant Michelle Bounds: “Judge Ospino was a wonderful man. He was very understanding and always saw through the BS in our case. What a shame and so very sad. Rest in Paradise Judge.”
From colleague Linda Rowell: “I worked with Frank at the Alts as his investigator for several years. He was the best part of my career at the PD’s. He brought out the best in me as a investigator and I have missed him since the day I left the office. An exceptional man, friend, attorney, and father.”
From friend Jim Appel: “Frank and I, when he was an attorney in the alternate defenders office, had a preliminary hearing together on a co-defendant case. When I finished cross examining their star witness I sat down and thought I did a very good job. Then I watched Frank cross exam the same witness. After he was finished I realized what a great cross examination looked like. It was like watching a master.”
And on the day after the sad news broke, DA Todd Spitzer posted: “The legal community lost an amazing person last night. Judge Frank Ospino was one of the kindest human beings. He was smart and compassionate and he treated everyone with such kindness and respect.”
Yes, may Frank rest in peace, and may we honor his memory. But STILL – SOMEONE’S gotta run for Office 30, and y’all got till Wednesday the 16th!
Go for it Greg!!
I don’t have the chops. (Neither do you, by the way.) Go ask Lauren Johnson-Norris!
What do you know about me Greg? Absolutely nothing. Please explain how I lack the skill, knowledge, experience, education or training to be a judge.
This is my opinion, but I know that you seem to have a terrible temperament — overbearing, abusive, monomaniacal, one of the few people around that I (as a Jew who believes in Palestinians’ rights) considers seems to be an old-school anti-Semite. (Both branches of the Semites, in fact.)
That you leave temperament off of your list is telling. The judges that lawyers dislike more than anything except profound bias are the ones with terrible temperament. Did you, um, not know this?
Let the record reflect Greg amended his original post claiming we both lacked the chops to be judges and then engaged in name calling. Again, you know nothing about me. How about an example of what you consider my “antisemitism”.
Greg, you are a hypocritical Armenophobe. Somehow being jewish and pro-palestinian bolsters your credibility. That’s anti-semitic.
Umm, have you even appeared in a courtroom in the past 5 years as an attorney??
I was using SKEET – which is a pneumonic for laying a foundation for an expert before eliciting their opinion in that capacity. Temperment is not part of the minimum qualifications, Greg. Sheesh, Mr. Elections law. 10 yrs of practice and a pulse. Minimum qualifications. Get over yourself. You are a no-nothing, blowhard.
Great piece on Judge Ospino, Vern! However:
You asked me the question of whether applications for the office will go into “overtime,” and I said “yes” before thinking it through. Here’s what I don’t know about this:
(1) Whether, by law, an incumbent is still considered an “incumbent” if they die before filing is complete for the primary. A quick look through the some relevant sections of the CA Election Code didn’t give me a clear answer.
(2) Whether, by law, judgeships are treated differently from other offices for these purposes. My sense is that election law is more careful about judges than other offices.
I’ll try to call the ROV tomorrow and hash this out. But, you know, my bet is that Todd Spitzer, Peter Hardin, perhaps Scott Steiner, and perhaps Tony Rackauckas, already have a list of nomenklatura waiting to step into office.
Are you sure Newsom doesn’t get to appoint Ospino’s replacement as the vacancy was created by his demise?
Sadly, Greg, you and I are both qualified to be judges. But, only one of us has had cases before Ospino. And, it ain’t you. Have you ever impaneled a jury, oh myopic one?
And, yes judicial offices in California are unlike other elected offices as state judges may be appointed by the Governor in addition to being elected to office. I don’t think the elections code covers what you are looking for or if it does it is in conflict with other material.
https://law.justia.com/constitution/california/article-vi/section-16/
https://newsroom.courts.ca.gov/branch-facts/judicial-selection-how-california-chooses-its-judges-and-justices
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=8204.
SUPERIOR COURT JUDGES
Superior court judges serve six-year terms and are elected by county voters on a nonpartisan ballot at a general election during even-numbered years. Vacancies occurring during those terms—due to retirements, deaths, or other departures—are filled through appointment by the Governor.
“A superior court judge must have been an attorney admitted to practice law in California or served as a judge in California for at least 10 years immediately preceding election or appointment. The vast majority of superior court judges initially reach the bench via gubernatorial appointment. The State Bar’s Commission on Judicial Nominees Evaluation investigates and evaluates prospective nominees’ background and qualifications.”
Oh, I see — you’re talking about only formal qualifications, while in saying “qualified” I’m talking about fitness to do high-caliber work! Got it.
I don’t think that Newsom would appoint a replacement, but it’s certainly possible. I hope that candidates mentioned here have their papers in by Friday, to render that question moot.
Cuz all of the judges in California at the state and federal level are fit to do high caliber work.
I talked to Lauren, and her friend Michele Bell is running for the Ospino vacancy, against Mike Flory (son of Fullerton’s eternal Jan Flory) about whom I seem to remember some bad things.
That’s good to know. Is Flory fils a Spitzer supporter? A Rackauckus supporter? Are either true of Bell? What’s Bell’s background, ADA also?
https://www.fullertonsfuture.org/2019/florys-indecent-exposure/
Mike Flory? This must be some kind of joke. He’s got a rap sheet a mile long.
Thank you. Lauren did mention I should Google him.
You said a “rap sheet a mile long.” So I gather there is, also, more than the dick pic to his niece?
I remember references to other stuff. I think Lonnie Machin wrote it up for FFFF.
He got a “not qualified” by the bar when he ran before due to bad behavior in the courtroom.
Although, come to think of it I would argue that sending an unsolicited picture of your junk to ANYBODY should be a disqualifier for just about any job.
Yeah. Just that when you said “a mile long” I was hoping there was even more.
Ms. Bell has been on inactive status since 1/6/2022.
https://apps.calbar.ca.gov/attorney/Licensee/Detail/249729
Is this going to be like Alex Padilla running for attorney general without being an attorney.
Do you know how many times he took and failed the Bar exam? Did you even know he took it.
Looks like Mr. Flory has a clear path. Remember, people get the leaders and justice they deserve.
Not so fast, Mr. Neshanian!
Ms. Bell sits as a Superior Court Commissioner. Superior Court Commissioners are bench officers. They cannot practice law while serving in that role. She’ll be filing by Wednesday.
Also, Yorba Linda’s tireless kleptocrat Peggy Huang may be filing. I wouldn’t trust her to be a judge who’d be fair toward regular folks against institutions, given how high-handed she was, on the Toll Roads Agency, toward the people of San Clemente.
Has there ever been a more stark example of the taboo against taking on a sitting judge — even one who had been rated as Not Qualified — than the fact that six people jumped into a belatedly open race for Judge Espino’s seat but not a one of them dared to challenge Judge Steiner?
Again, I understand the taboo. But I have to ask: is this healthy for the county’s bar? And I also have to ask: am I the only one asking?