olleagues have become adversaries in the race for retiring Judge Leon Fox's seat on the Santa Clara Superior Court bench.
Two deputy district attorneys -- Aaron Persky and Ron Del Pozzo -- are running along with Deputy Public Defender Thomas Spielbauer and civil attorney Michael Millen to fill the spot on the court.
Both Persky, who joined the office in 1997, and Del Pozzo, who was hired 12 years ago, say they aren't actively recruiting fellow DAs for endorsements and donations. Still, those inside the office said it's a little awkward to have two prosecutors on the ballot.
"It's been difficult, if not impossible, to solicit in my own office," said Del Pozzo. "Everyone wants to sit on the sidelines and see how things shake out."
While candidates for judicial elections usually run on reputation, not platforms, the two other candidates have launched issue-based campaigns. Spielbauer, who lost a 2000 bid for the bench, says that post-Sept. 11, judges need to be especially vigilant in protecting constitutional rights. Millen says Silicon Valley courts should reflect the technology and innovation that has put Santa Clara County on the map. Companies should feel assured, he says, that judges presiding over high-tech disputes understand the technology and the evolving body of civil law.
The candidates will meet at 5 p.m. Tuesday for a forum at Isaac Newton Auditorium at 70 W. Hedding St., San Jose. The forum is sponsored by The Recorder and the Santa Clara County Bar Association.
Ron Del Pozzo
As the veteran DA on the ballot, Del Pozzo, a career prosecutor, is getting the nod from most law enforcement groups, including Santa Clara County Sheriff Laurie Smith, as well as endorsements from seven San Jose City Council members. Del Pozzo also boasts the largest war chest in the race, raising $22,160 including a $5,000 loan to himself.
While candidates in both judicial races have been stressing experience in both criminal and civil court, Del Pozzo admits his strength lies with his work in the Hall of Justice. Del Pozzo, 47, now works in the DA's career criminal unit.
"I feel like I am getting my message out to the groups that will support me -- law enforcement, labor, business and the general public," Del Pozzo said.
"With a legal background which includes almost 100 trials that I've done over the past 12 years, I am experienced and would be able to transfer my trial skills on the bench to be a good trial judge."
In January, SCCBA's Fair Judicial Practices Commission asked Del Pozzo to change his campaign literature after a complaint was filed accusing him of inflating his civil experience. The complaint alleged that Del Pozzo misled voters by listing civil practice experience when his only civil experience was as a law clerk, not a practitioner.
"They asked me in future literature to change 'worked' to 'clerked,'" Del Pozzo said. "I respect their view and the fact they wanted me to clarify the exact language."
Del Pozzo narrowly won the most votes in an SCCBA plebiscite. He walked away with 115 votes, compared with Persky's 94. Spielbauer earned 82 votes, while Millen had 48. SCCBA members will now vote in a run-off between Del Pozzo and Persky.
Del Pozzo, a Golden Gate University School of Law graduate, said even though he's not asking colleagues for endorsements, many have approached him. Nine deputy DAs have contributed to the campaign.
Aaron Persky
While Persky is competing for office support with Del Pozzo, the former civil ligitator has had success raising money and support among Palo Alto's corporate bar. Persky left Morrison & Foerster in 1997 to join the DA's office. He says his experience handling complicated civil cases and now prosecuting criminal cases makes him the most well-rounded candidate.
Before graduating from Boalt Hall School of Law in 1990, Persky, 39, worked as an investigator with the Department of Commerce's International Trade Administration.
"I have a blend of criminal and civil experience that I think would serve me well. I like being an advocate, but being a judge is a challenging and important job."
And while opponent Del Pozzo may have more history with the office, Persky, who now prosecutes sex crimes and civil commitment hearings for sex offenders, has made some important allies there. Chief Assistant DA Paula Kuty and Assistant DA Karyn Sinunu have donated to his campaign.
Persky, who helps train other DAs on how to use technology in the courtroom, is also making technology a campaign issue, saying he'd like to see the court utilize available technology to make the courts more efficient.
Michael Millen
Like Persky, Millen, a Los Gatos solo practitioner, stresses civil experience and technology issues. Millen handles primarily civil work, but has made headlines with his pro bono representation of abortion protesters and other conservative causes. Millen, who boasts an engineering degree, said Silicon Valley businesses need to have faith that Santa Clara judges can efficiently and fairly resolve high-tech disputes.
"Our courts need to be a model of Silicon Valley technology, and we are not there yet," said, Millen, who is 36. "I could not do it myself but I would be a champion to move in that direction. If litigation is easier for the attorney, it's better for clients."
The Santa Clara University School of Law graduate said his extensive civil experience and pro bono work, which has taken him into the appellate courts, gives him a larger breadth of experience.
"We have a lot of great DAs on the bench. I think everyone who votes does well to remember there is two parts to the law -- the criminal side and the civil side," said Millen, whose $15,000 in funding comes from himself and his parents.
Millen has represented several anti-abortion protesters in what Millen describes as First Amendment cases.
In one case he represented abortion protester Rossi Foti in challenging a Menlo Park law banning protest signs on public property. The Ninth Circuit sided with Millen.
In another case decided by the First District last year, Millen represented the parents of a 12-year-old Livermore boy who sued the public library after he downloaded nude photographs from a library computer. The First District rejected Millen's argument that the library had a duty to prevent the viewing of explicit material.
"These are certainly conservative causes," Millen said. "In order to do any pro bono work, you need to believe the law you are fighting for is right. How I personally feel about that, it's just not relevant" to the campaign.
Thomas Spielbauer
Spielbauer, a career public defender backed by the Libertarian and Green parties, said he decided to take a second run at the bench after the Sept. 11 terrorist attacks.
He says he's using his campaign as a soapbox to discuss eroding constitutional freedoms since the terrorist attacks.
"Traditionally when you look at judges, you look [at] are they fair, are they going to conduct a court where people walk away with a sense that justice has been done?," Spielbauer said.
But since the attacks and the ensuing U.S. response, the role of judges has become crucial, the 53-year-old says. "Judges are the final protectors of our constitutional freedoms."
Spielbauer said the open-ended conflict requires judges to be vigilant to prevent the modern day equivalent of the Alien and Sedition Acts. "We are in constitutional crisis right now regardless of how you feel about what is coming out of Washington. The Constitution and the freedoms we enjoy under it are being looked at differently," Spielbauer said.
Despite Spielbauer's impassioned pitch, the 21-year deputy public defender has done little fund raising. The California Western School of Law graduate has given himself $2,762 for campaigning and reported no other contributions.
Spielbauer says he is the only candidate that really stands out in this election, dismissing the other candidates' pitches as rhetoric.
"It's the normal boilerplate stuff - 'I can be tough on crime.' The message that's out there is as if Sept. 11 never occurred," Spielbauer said.
In the 2000 election, District Attorney George Kennedy endorsed Spielbauer's opponent, calling Spielbauer's beliefs "dangerous."
Spielbauer doesn't dispute that. "The DA exercises enormous influence in the criminal justice system. I bring with me some ideas that would weaken his power over the criminal justice system. I am dangerous to his position," Spielbauer said.
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