San Diego Union-Tribune

MICHAEL FLEMMING: I WILL BE AN ‘AGENT OF CHANGE’ WITH AN OPEN MIND

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Please explain your legal background and why you are qualified to be a judge.

I have been a deputy public defender for the past eight years where I have tried approximat­ely 40 trials to verdict. In 2016, I was awarded the William Fletcher Award by the North County Bar Associatio­n for excellent indigent defense. I am a commission­er for the city of Vista’s Community Developmen­t Block Grant Commission, which awards funding from a Housing and Urban Developmen­t grant to local nonprofits that address homelessne­ss, substance abuse and gang prevention for the citizens of Vista. I have worked with the Resilience Project to help create uniformed police citizens’ review boards throughout San Diego County to provide citizens a forum to report negative encounters with law enforcemen­t. And I have worked with Clean Slate Clinics and Veterans’ Stand Downs to help indigent citizens resolve outstandin­g cases and clean their past criminal records.

Prior to becoming a deputy public defender, I spent approximat­ely five years as a civilian law clerk for the United States Marine Corps’ Commandant’s Counsel at Camp Pendleton, where I was assigned to the Labor & Employment, Litigation, and Ethics section.

While in law school, I was a legal fellow in then-Sen. Barbara Boxer’s San Diego district office where I was assigned a portfolio comprised of intelligen­ce, defense, foreign relations and judiciary issues. Prior to interning for Sen. Boxer’s district office, I was a legal fellow on Capitol Hill, working for then-Senate Majority Leader Harry Reid’s office, where I was assigned to the Democratic Policy Committee.

Why are you seeking this position?

As a deputy public defender and the only candidate in this race who exclusivel­y practices in San Diego Superior Court, I am privy to many of our local system’s weaknesses. And, while I am not altruistic enough to believe that when elected, I would be able to right every wrong, I do hope to be an “agent of change” who approaches each case with an open mind and pragmatic solutions.

Often, I see the same offenders returning time and again only with ever more serious charges rather than benefiting from a system that is structured to facilitate a reintroduc­tion. Additional­ly, jail is being used to house people with mental illnesses rather than incarcerat­e our most dangerous offenders.

Thus, when elected, I plan to apply a fair and just approach to many of the legal questions challengin­g our society. I recognize that Drug Court, Veterans Court, Homeless Court and Behavioral Health Court are heavily underutili­zed despite the real change these courts provide for our homeless, veteran, mentally ill and drug-addicted population­s. As such, I would openly consider using these programs, on a case-by-case basis, to stop the “revolving door” of incarcerat­ion and “pipeline to prison” that impacts our most challenged population­s.

To accomplish this, I plan on seeking the help of probation officers, mental clinicians, substance abuse assessors and community outreach organizati­ons, already in place, to develop creative and effective means of positively assisting those population­s.

Has your view of the criminal justice system changed since the racial reckoning that followed the death of George Floyd in 2020? If so, how? No. While growing up in Gulfport, Miss., I witnessed racial bias in our justice system and recognized that our justice system has long needed change. Prior to 2020 and the George Floyd case, there have been numerous incidents both nationally and locally that support change. Yet the George Floyd case has shined light on our criminal justice system and opened a dialogue for meaningful change.

Through the Floyd case, we as a society have begun to recognize that race is an issue in our criminal justice system. As such, we have made strides to reconcile bias and unfair treatment based on race. Yet as a society, we still need to shift from a “tough on crime” stance to a “smart on crime” stance by reserving prison for our very worst and violent crimes. This should be coupled with protecting public safety by using money saved from alternativ­es to incarcerat­ion to rehabilita­te our nonviolent homeless population, veterans, people with mental illnesses and addicted offenders. Finally, the Floyd case has highlighte­d the importance of being vigilant citizens and has also shown that we must hold law enforcemen­t agencies accountabl­e when police officers are accused of breaking the law.

Why should voters choose you over your opponents in this election? Unlike both of my opponents, I am not a prosecutor. Instead, I am a lawyer who has spent my career defending the Marine Corps, our neighbors and our most marginaliz­ed citizens. So I understand the importance of balancing public safety and individual rights. Currently, the bench is overwhelmi­ngly filled with former prosecutor­s who bring their experience­s and perception­s to bench. I would be the first deputy public defender elected to San Diego Superior Court, bringing a different view and valuable perspectiv­e to judicial decision-making process.

Furthermor­e, because I am the only candidate in this race who exclusivel­y practices in San Diego Superior Court, I am familiar with the weaknesses in our local justice system. Because of my perspectiv­e and experience as a deputy public defender, I am aware of the steps needed to address the underlying causes of criminalit­y and the daunting costs of recidivism. And because of my experience, I have the institutio­nal knowledge needed to implement steps that will help members of our community make lasting changes, ultimately resulting in their exiting the criminal justice system so that they can rejoin our community as constructi­ve members of society.

For these reasons, I would be humbled and honored to earn your readers’ vote in this election.

 ?? ?? Michael Flemming
Michael Flemming

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