By Greg Mitchell

For a civil specialist, James McIntyre sure has been making a lot of criminal law. A civil practitioner for 30 years at a mid-sized San Diego firm, McIntyre addressed criminal law issues in nine of his first 19 published opinions. He has come down for both the prosecution and defense, for example ruling in People v. Beal, 60 Cal.App.4th 84, that abstention from alcohol was an appropriate probation condition for a methamphetamine offender, and in People v. Castaneda, 55 Cal.App.4th 1067, that a defendant's constitutional rights were violated when a sheriff's deputy testified that in the San Diego area, the "typical heroin dealer is usually Hispanic male adult."

McIntyre has been considered judge material for some time. President George Bush nominated him to federal court in 1992, but the Senate failed to act before Bush's term expired. His three years as a superior court judge were a hit with San Diego DA Paul Pfingst, who told the Commission on Judicial Appointments that McIntyre enjoyed "an enviable reputation for integity and legal excellence throughout our legal community." As managing partner at McInnis, Fitzgerald, Rees, Sharkey & McIntyre, he showed good administrative skills and advocated the hiring of women and minorities, according to name partner Thomas Sharkey.

The State Bar's Commission on Judicial Nominees Evaluation rated McIntyre "well-qualified."