New law cuts hype in judicial elections

The next judicial election on your local ballot will no longer have candidates with hyped-up labels like “hard-core gang prosecutor” and “government corruption prosecutor.”

Under a new state law effective in January, judicial candidates will be limited to formal ballot titles, of three words or less, that describe only their official positions, such as “deputy district attorney,” or “attorney at law.”

“Permitting exaggerated and misleading designations on official ballot materials does a disservice to the public,” said state Sen. Ben Allen, D-Santa Monica, whose bill, SB235, was signed Thursday by Gov. Jerry Brown. “Unfortunately, candidates who use such language have proven effective at winning elections.”

Most judges in California are re-elected to six-year terms without opposition, but when an incumbent is challenged or a judgeship becomes vacant, prosecutors are the most frequent candidates.

Allen cited a judge’s study of Los Angeles County judicial races from 2006 to 2016 in which 41 local prosecutors were candidates, and only one of them was listed on the ballot as a deputy district attorney. The others chose such descriptions as “sexual predator prosecutor,” “gang homicide prosecutor” and “child molestation prosecutor.” Prosecutors who used those titles competed in 37 elections and won 32 of them, the study said.

The new law will require government employees seeking judicial office to use their formal job titles, while others will be listed as “lawyer” or “attorney” and can also include another current occupation. Sponsored by the Conference of California Bar Associations and supported by the California Judges Association, SB235 passed both legislative houses with bipartisan support.

In addition to providing the public with more even-handed information, Allen said, his measure encourages judicial candidates to follow “the higher ethical standard of the judicial branch they wish to join.”