ballot with four names almost guarantees a run-off election. So the candidates running for retiring Santa Clara Superior Judge Frank Cliff's seat are running low-key campaigns and hoping to finish first or second in the March 5 election.
For now, civil and criminal defense attorneys Ronald Berki and Arthur Bocanegra, Deputy District Attorney George Chadwick and civil litigator William Priest are simply emphasizing -- and sometimes sniping about -- their relative levels of experience.
"All the candidates are trying to find sound bites to distinguish themselves from the other candidates, and diversity of experience is the most obvious you can render," said Chadwick.
On Tuesday evening, the candidates will face off for the first time at a public forum sponsored by The Recorder and the Santa Clara County Bar Association.
As for fund raising, the four seem to be taking a wait-and-see approach, with most bankrolling a large portion of their campaigns and collecting mostly nominal donations from supporters.
Still, the candidates have found ways of distinguishing themselves from their rivals.
George Chadwick
Chadwick, who has worked in the prosecutor's office for 11 years, has landed key law enforcement endorsements as well as backing from District Attorney George Kennedy, and he's vowed not to accept monetary contributions. The 43-year-old Santa Clara University School of Law graduate has given $7,016 of his own money in the election to pay for signs and mailers. Chadwick said he and his wife, who is also serving as his campaign manager, have refinanced their home to help fund the campaign.
"I am not independently wealthy. But in judicial elections, the role of money should be less than in other kinds of elections," Chadwick said of his pledge to turn away contributors.
Chadwick, who worked as a litigation associate from 1987 to 1990 at Orrick, Herrington & Sutcliffe and Pillsbury Madison & Sutro, said his work on complex civil litigation, coupled with his prosecutorial experience, makes him the standout candidate.
"I am the only law enforcement employee in the race and the only one who has represented victims in this race," Chadwick said, adding that he's also the only candidate who has "handled any complex large litigation."
Chadwick has gone on the offensive in the campaign, calling into question opponent Priest's list of endorsements. Chadwick challenged Priest's ballot statement in court, saying he was recycling endorsements from his unsuccessful bid for judge two years ago - including ones from law enforcement groups that are backing Chadwick this time around. He also objected to Priest identifying himself as a "Superior Court Attorney." A judge ordered Priest to clarify that the endorsements dated to 2000, but OK'd the "Superior Court Attorney" description.
William Priest
Despite Chadwick's challenge, Priest, who in 1999 was the Santa Clara Bar Association president, received the most votes in SCCBA's online plebiscite. Priest walked away with 179 out of 453 votes, or 38.9 percent.
Priest will now face Bocanegra in a run-off. Bocanegra, coming in second, garnered 111 votes. Chadwick received 91 votes and Berki received 33. Seven voters marked none qualified and 32 abstained.
Priest, 61, has worked as a civil litigator for more than 20 years at his San Jose firm, The Priest Law Offices. "I have by far the most experience of anyone running in this race. I have 33 years of trial experience as a lawyer," Priest said. He also stresses his work as a judge pro tem.
He sees the endorsement controversy as a non-issue. "We sent out letters to each of the people that endorsed in the previous election thanking them and [telling them] if they didn't intend on continuing their endorsement, let me know," Priest said.
When Chadwick questioned some of the endorsements, Priest said he took them off the Web site.
More substantively, Priest has campaigned with a "tough on crime" message.
Priest, who spent more than $160,000 -- much of it his own money -- chasing a judgeship two years ago, has just kept pace with the other candidates this go-around. Priest has $24,000 in contributions, according to his financial disclosure statements. His forms also reflect forgiven loans of $150,484, mostly from himself, from the previous election.
The University of Idaho School of Law grad has said it's too soon to tell how much he'll sink into the campaign.
Arthur Bocanegra
Bocanegra, 48, is also emphasizing his diversity of experience. The solo practitioner, who now handles criminal defense and plaintiffs' personal injury work, has also served as a deputy public defender and deputy San Jose city attorney.
"I have 21 years of experience and it's been extensive in court litigation," Bocanegra said. "I am just trying to let people know who I am and make my best effort."
Bocanegra, a member of La Raza Lawyers, has drawn support from the Hispanic community. The Santa Clara University School of Law grad said the need for a diverse bench isn't the primary slate in his platform, but said the issue does resonate with voters.
"I think it's important only in the sense that it's important that the superior court bench is a reflection of the community," Bocanegra said.
Bocanegra, who recently started a death penalty trial that's expected to last until April, said campaigning may have to take a back seat. "I just see my first priority and responsibility is to my client," Bocanegra said.
Ronald Berki
Berki, a criminal defense and plaintiffs personal injury attorney, so far has run a low-budget, no-frills campaign.
The 54-year-old Western State University College of Law grad has reported contributions of $5,675, including a $2,000 loan to himself.
His contributors include Santa Clara Superior Court Judge Paul Bernal, who gave $100, and a variety of local business professionals.
Berki said he's learning the art of campaigning as he goes along, but said so far, so good.
"I think I've raised a good amount. I am looking to spend $25,000 to $30,000," Berki said. "My whole idea is to get my name out there and to tell people about my qualifications on the limited amount of money I have."
He said he'd bring integrity and a strong work ethic to the bench.
"I think I can do a great job. I have seen some wonderfully fine judges over the 22 years I've practiced law. I'd like to do it, too."
