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Duane Dichiara

San Diego Judicial Races Part 1

In what seems like another lifetime I was a lawyer. I can hear the jokes now “lawyer, political consultant, what’s next – used car salesman?” My first solo political campaign was electing conservative Republican Tim Casserly to the bench. Since then, I’ve elected a new Republican judge every cycle.

I write all this to preface the point that I watch San Diego judicial races fairly closely. This time around we have one important judicial race that will be determined in the June primary – Democrat David Rubin v. Republican Paul Phingst. This has all the makings of a grudge match. See, Phingst is the former San Diego County District Attorney. He lost a bitter campaign a few years ago to Republican Judge Bonnie Dumanis. As such, it’s no great surprise that Dumanis and her allies in the law enforcement community are supporting Rubin, who is a local prosecutor. So are a number of Republican Judges, including Bostwick, Ervin, Smyth, Whitney, and Fraser (most of whom were elected with the Republican Party endorsement).

But this gets more interesting. By any account David Rubin is a liberal Democrat. He is a sustaining member of the San Diego Democratic Club. During the last Presidential campaign Rubin hosted and contributed to an event for the National Stonewall Democratic Fund (National Stonewall Democrats describe themselves as a “grassroots force for social change” and basically believe the Democrat Party is too far to the right on social issues, if that can be believed). The featured speaker was Chrissy Gephardt who explained that the money raised would be used to target voters in swing states for John Kerry.

A glancing look at Rubin’s campaign material confirms his affiliations. Rubin’s April 18th fundraiser ‘Host Committee’ included Judge Pat Cowett (ruled Proposition A, which authorized the transfer of the Mount Soledad Cross to the federal government and which passed with 75% of the vote, unconstitutional), Charles Bird (past president of the ACLU who helped evict the Boy Scouts from Balboa Park), and Candace Carroll (a member of the ACLU – on the National Board of Directors who had this gem to say about the War on Terror “I’m more afraid of Bush and the FBI that I am of someone who lives in a cave”).

I could understand the desire of the law enforcement community to elect one of their own over an individual some of them consider to be a political opponent. But did the folks in question have to solidify behind a politically active liberal Democrat like David Ruben, even if he is a prosecutor? Politics are one thing, but do we really want someone making decisions on the bench, probably for a lifetime, with Ruben’s affiliations and views?