San Diego Union-Tribune

JUDGES: FLEMMING, KANTER, MURRAY, LAWSON

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Local voters will decide two competitiv­e elections for San Diego County Superior Court judge this year. Typically, such races are determined with very little media attention, which is unfortunat­e because their rulings can get so much of it — and because all of us are a single mistake away from having to appear before a judge for any number of reasons.

For the June 7 primary, The San Diego UnionTribu­ne Editorial Board surveyed all six candidates in the two races so voters could better understand how they would approach the law. The top two votegetter­s in each race will advance to a Nov. 8 runoff.

The election for Office No. 35 features San Diego County Deputy Public Defender Michael Flemming, Assistant U.S. Attorney Rebecca Kanter and Deputy Attorney General Mike Murphy.

The San Diego County Bar Associatio­n rated Flemming and Kanter “well qualified” and Murphy “qualified” in its official evaluation of their credential­s and background­s. A “well qualified” candidate is seen as possessing “high-level profession­al ability, experience, competence, integrity and/or temperamen­t indicating high-level ability to perform the judicial function. A “qualified” candidate possesses “profession­al ability, experience, competence, integrity and/or temperamen­t indicating ability to perform the judicial function.” In other words, all can do the job. But some seem better suited for it.

In his responses to an editorial board questionna­ire, Flemming touted his work as a deputy public defender — rare for a judge — and a long record of community service. He serves on a city of Vista commission that works with nonprofit groups to address homelessne­ss and substance abuse and limit the prevalence of gangs, among other accomplish­ments. He makes a powerful case when arguing that his role as a deputy private defender made him aware of many weaknesses in the criminal justice system — especially those that contribute to a revolving door of incarcerat­ion for many individual­s — that might escape the attention of the former prosecutor­s who often fill judicial vacancies. Flemming’s richness of personal experience is a huge plus.

Kanter is also impressive. Reflecting the high regard with which she is held, she has been an ethics adviser for the U.S. Attorney’s Office since 2017. She has a varied background in both criminal and civil law, serving as a judge pro tem, working in task forces targeting hate crimes and internet exploitati­on of children, and being a mentor and adjunct professor at University of San Diego School of Law. She also has an impressive record of community service, including being president of environmen­tal nonprofit Wildcoast. Her comments about how some of the reaction to Derek Chauvin being found guilty of murdering George Floyd “forced me to reconsider what justice means, whether it is always achievable, and whether criminal prosecutio­n — even when used in service of racial justice, as was the case in the Chauvin prosecutio­n — can ever truly achieve justice” were wrenching and insightful.

The San Diego Union-Tribune Editorial Board gives Flemming and Kanter the edge over Murphy and recommends a vote for either one of them.

For Office No. 36, the judicial candidates are county Deputy District Attorney Chris Lawson, criminal trial prosecutor Pete Murray and county Superior Court Commission­er Peter Singer.

The Bar Associatio­n considers Murray to be “well qualified” and Lawson and Singer to be “qualified.”

Drawing this distinctio­n makes sense. Murray’s long experience with the county District Attorney’s Office, the state Attorney General’s Office, a prominent internatio­nal law firm and more recently as the chief trial counsel for the Cage & Miles law firm stands out even among this year’s strong judicial candidates. In response to the U-T questionna­ire, Murray depicts himself as a pragmatic truth-seeker who believes media cameras and voice recorders should “rarely be precluded” from the courtroom. The veteran Navy pilot boasts an unusually broad set of endorsemen­ts, from prominent former local government attorneys with conservati­ve tough-oncrime reputation­s to high-profile area defense attorneys — and San Diego Public Defender Randy Mize. This bodes well for his future as a judge.

But this same dynamic holds for Lawson. A deputy district attorney for the past 16 years, he’s had a tough job — team leader in the Gang Prosecutio­n Unit — for the past four years. He’s also worked as an adjunct professor at California Western School of Law. Like Murray, he acknowledg­es the importance and value of having cameras and recorders in court. Yet a crucial experience that Lawson had while at law school — interning at the California Innocence Project — gives him a particular appreciati­on of the ways in which the criminal justice system is not perfect. The Innocence Project left Lawson “cleareyed” about the fact that the system doesn’t always get things right, and his candidacy is endorsed by founders of the Innocent Project — but also by groups representi­ng law enforcemen­t officers, probation officers and deputy district attorneys.

The San Diego Union-Tribune Editorial Board gives Murray and Lawson the edge over Singer and recommends a vote for either one of them.

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