December 2, 2008 Tracy, CA

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Written by Press Editorial Board /   
Tuesday, 20 May 2008

Voters must make a judicious decision.



It’s a rare election when voters can choose one of the San Joaquin County Superior Court’s 28 judges. Most of the time, judges notify the state before they announce their retirements, so the governor fills the vacancies. Once judges are seated, they’re hardly ever contested after each six-year term.

In the primary election June 3, voters will see four candidates on the ballot for Judge John W. Parker’s open seat. None of them are household names in Tracy — Phil Urie, James Morris, David Drivon and Frank Pacheco, all lawyers in Stockton. But all possess the qualifications to serve as superior court judges, which means they’ve practiced law in California for at least the past 10 years.

We’re especially impressed with Morris and Drivon, both highly respected in the legal community, with lengthy endorsement lists.

Morris, 62, has been a lawyer for 37 years in state and federal trial courts. He’s served as a judge pro tem and court-appointed arbitrator. He practices civil law in private practice.

He’s also married to the Superior Court’s presiding judge, Robin Appel.

Our hesitation with Morris is that is he’s had limited criminal experience to prepare him for superior court, which has trial jurisdiction over all criminal and civil cases in the county. 

Drivon, 48, is also in private practice doing civil litigation, but he worked for seven years in the San Joaquin County District Attorney's office, two of those in Tracy.

We see Drivon as independent, effective and well-rounded in the law. He is the only candidate who has substantial experience in both civil and criminal law, which is a critical need in our ever-growing superior court. 

Drivon may be best known for his 2003 lawsuits against the Catholic Church during a yearlong window that lifted the statute of limitations for child abuse lawsuits against institutions. He won more than $100 million on behalf of 128 plaintiffs who claimed abuse by clergy.

Drivon’s name is familiar in legal circles, as his brothers are lawyers and their late father was a district attorney, municipal court judge and namesake of Humphrey’s College law school in Stockton.

We’re happy to see this most-often closed process of selecting a judge open to the public, but it’s a humbling responsibility.

If no candidate gets more than 50 percent of the votes on June 3, the top two vote-getters will face off in November. While that would give us more time to get to know them, we think the choice is clear now.  We endorse David Drivon for the San Joaquin Superior Court.
 

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