Why former DA still supports Kreis
I read the recent newspaper articles about the Commission on Judicial Performance's initiation of formal proceedings against Judge Kreis and the Notice of Proceedings. After much reflection, I felt compelled to write this My Word.
Judge Kreis was appointed to serve as Superior Court Judge by Governor Brown. Prior to his appointment the Judicial Nominees Evaluation (JNE) Commission, which is run by the State Bar of California, it was required to do a rigorous investigation into his credentials to serve as a judge and, based on that investigation recommended his appointment to the Governor. As part of their investigation, the JNE gathers information about a potential appointee's honesty, integrity, legal experience, community respect, ability, industry, objectivity, health, and judicial temperament, from attorneys in this community and throughout the state. I invite people to confirm this by going to www.caljudges.org and reading the CJA JFC Judge Appt & Election Process 8-22, PDF. Another resource can be found at https://law. stanford.edu/wp-content/uploads/2017/06/Judicial-Selectionin-California.pdf. After JNE's investigation, they evaluate the candidates and make a recommendation to the Governor. Based on the JNE recommendation, the Governor decides who to appoint as judge.
I have lived and practiced law in this community since 1994. I know many of the people that are mentioned in the Notice of Proceedings and the recent articles and many who are involved but unnamed, many I consider friends. Virtually all are colleagues. I mention that because, while I have endorsed and continue to endorse Judge Kreis, I do not presume to tell anyone what the truth is.
Rather, I feel compelled to write to remind people that, as stated by the Commission on Judicial Performance “The commencement of formal proceedings is not a determination of judicial misconduct.” Once again, I invite people to confirm this by going to https://cjp.ca.gov/wp-content/uploads/sites/40/2022/07/CJPPPT-07.11.22.pdf (Commission on Judicial Performance). By going to the site and reading the Commission on Judicial Performance's publication you will see that complaints can be made online and the “commission votes to take action on every complaint.” They do this so that every complaint can be assessed. After the Notice is filed special masters appointed by the Supreme Court, hear evidence presented by both sides and decide whether, after listening to all of the evidence presented, they have been presented with sufficient reliable evidence to prove the allegations by clear and convincing evidence. If the allegations are not proven the allegations must be dismissed. If they are proven, the Commission must determine whether to remove, censure, or admonish that judge.
Please understand, I was a prosecutor for 12 years. I take the allegations very seriously. However, I will not deprive any person of the presumption of innocence. Nor will I find something to be true without either evidence establishing it is true or a judicial determination that it is true. Instead, I will allow the legal process to run its course. If the Commission concludes that Judge Kreis has engaged in judicial misconduct, they will decide the appropriate consequence and I will respect their decision. Until then, I will continue to endorse Judge Kreis because of the things about him that I know to be true: When I was a prosecutor, I had the curse and the privilege of regularly having Judge Kreis as opposing counsel. Judge Kreis was a brilliant and resolute Deputy Public Defender. He served thousands of people in this community that could not afford an attorney to represent them. He fought for each and every one of them as if they were the most important people in his life. Since being appointed, whenever I have been in his court he has always been prepared, knowledgeable, respectful, authoritative and has acted with objectivity and impartiality. Nor have I observed him acting with impropriety or witnessed conduct that causes me to doubt his integrity or his independence.
Therefore, I write this letter to explain why I continue to endorse Judge Kreis. I know he was appointed Judge by Governor Brown after a JNE investigation and evaluation of his fitness to serve, I know he was a brilliant attorney who litigated without fear or favor and demanded that everyone receive the protection of the law. While I read the allegations and I consider them to be very serious if true I don't confuse them with evidence, and I will give Judge Kreis the presumption of innocence that all of us deserve because no system or society is just that does not deem all people innocent until proven guilty in accordance with the law.