HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#501

Post by Tiredretiredlawyer » Thu Jun 29, 2017 7:27 pm

Sterngard Friegen wrote:
bob wrote:
Sterngard Friegen wrote:That stopped happening the day after I was sworn in, Mike.
:fingerwag:

Law & Order first aired in 1990 A.D. CE.
:roll:

The "feel[ing] like a fucking badass" part, John Scott bob. I was sweared in at Hammurabi's tomb.
I thought we lawyers wuz supposed to swear at the judges at the swearing in ceremony cause we wuz swearing in our new fangled lawyer clothes.


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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#502

Post by Sam the Centipede » Thu Jun 29, 2017 11:41 pm

Bah 'eck, the Ancient Lawyers Club is doing its Yorkshiremen act!

Fun fact, the Four Yorkshiremen sketch was originally in a precursor of Monty Python's Flying Circus called At Last The 1948 Show - here's a YouTube link to the original:
https://m.youtube.com/watch?v=VKHFZBUTA4k



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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#503

Post by bob » Thu Aug 17, 2017 4:33 pm

KPBS: Superior Court Judge Gary Kreep Disciplined By State Panel:
The state Commission on Judicial Performance today issued a severe public censure of San Diego Superior Court Judge Gary Kreep, the highest level of discipline the panel can impose short of removal from office.

The commission determined that Kreep engaged in 29 acts of judicial misconduct between 2012, when he took the bench, and 2015.

Those acts of misconduct, according to the commission, included:

— Misconduct during his judicial campaign.

— Making numerous comments in the courtroom reflecting a lack of courtroom decorum and an appearance of bias.

— Acting out of hostility toward the San Diego City Attorney's Office after it filed a "blanket'' challenge against him.

— Soliciting legal opinions from counsel not on a case in front of him.

— Telling an African-American court employee that she should not say she did not win a Halloween costume contest "due to racism,'' or words to that effect.

In addition, the commission noted that Kreep's conduct had a negative impact on the administration of the San Diego County Superior Court at a time when the court was dealing with a budgetary crisis.

* * *

The commission noted that there was a significant drop in incidents of misconduct after Kreep's first year on the bench and after he was counseled by his supervising judges.
And, from the CJP's presser:
For instance, [Kreep] denied opposing President Obama in political fundraising letters he signed during his judicial campaign despite unambiguous language in the letters to the contrary . . . .

While observing that the number of incidents of misconduct and Judge Kreep’s failure to fully and honestly acknowledge the extent of his misconduct might warrant removal from office, the commission stated that other considerations persuaded it that a severe public censure was the appropriate discipline. Those considerations included that all but five of the 29 incidents of proven misconduct occurred either during Judge Kreep’s judicial campaign or during his first year on the bench and the evidence before the commission suggested that Judge Kreep had made efforts to reform his judicial style and behavior. . . . The commission also cited in mitigation that the masters who presided over the evidentiary hearing noted the testimony of attorneys who appeared before Judge Kreep in the unlawful detainer department, and described him as fair and respectful of litigants. The masters also found in mitigation that Judge Kreep was hard working and had helped reduce the backlog on default matters at the superior court. Further, the judge has participated in continuing education, and extracurricular court and community activities and committees.
The CJP's decision; of note:
CJP wrote:[Kreep] states that the letters did not urge anyone to vote for or against a political candidate, but rather simply urged Congress to investigate whether President Obama was a “natural born citizen,” and thus eligible to serve as president.

We agree with the masters that Judge Kreep’s argument that his letters did not oppose former President Obama’s reelection effort is disingenuous, and is belied by the plain language of the letters.
For :sterngard: :
Judge Kreep remained counsel of record in Liberi v. Taitz after he was sworn in as a judge. As noted by the masters, “[e]ven if Judge Kreep did not perform any legal work and did not make any appearance in Liberi v. Taitz, his status as local counsel allowed
Mr. Berg to continue to appear as counsel pro hac vice in the case. (Cal. Rules of Court, rule 9.40(a).)”

We conclude, as did the masters, that Judge Kreep did not exercise reasonable diligence in seeking to withdraw as counsel of record. For almost six months after he was elected, he simply relied on Mr. Berg to take care of the matter and did not file his own motion until three days before he was sworn in as a judge. Any delay in the court’s ruling on his motion was because Judge Kreep filed a deficient motion, and the deficiencies still had not been corrected more than a month later. Further, Presiding Judge Trentacosta twice urged Judge Kreep to take care of this matter promptly.

Judge Kreep violated the California Code of Judicial Ethics, canons 1, 2 [a judge shall avoid impropriety and the appearance of impropriety], 2A, and 4G [a judge shall not practice law]. We concur with the masters that his conduct constitutes improper action “ecause he made some effort to seek a substitution but did not use reasonable diligence.”

Bottom line: Still on the bench. But to bury the lede:
Commission members Mr. Richard Simpson; Anthony P. Capozzi, Esq.; Ms. Sarah Kruer Jager; Ms. Pattyl A. Kasparian; Nanci E. Nishimura, Esq.; and Mr. Adam N. Torres voted in favor of all the findings and conclusions expressed herein and in this order imposing a severe public censure. Commission members Hon. Ignazio J. Ruvolo, Hon. Michael B. Harper, Dr. Michael A. Moodian, and Hon. Erica R. Yew concur as to the factual findings and legal conclusions expressed herein, but dissent as to the order of severe public censure and would have ordered the removal of Judge Kreep from office. Commission member Ms. Mary Lou Aranguren did not participate.

It was a 6-4-1 decision for censure, with all three of the judges on the commission voting for removal. ("For completeness," the commission members' biographies.)

bob wrote:Kreep needs to convince at least six commissioners that he should keep his job, and it was obvious that several are already convinced that he should lose it.

Kudos to Kreep: he hit his goal.


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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#504

Post by Sterngard Friegen » Thu Aug 17, 2017 4:57 pm

Glad that my complaint was of some service to the CJP, but sad Kreep wasn't dumped.



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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#505

Post by Suranis » Fri Aug 18, 2017 4:29 am

Kreep won't give a toss about the censure. All he will care about is that his ass is still on the bench. He will be back to the same tricks next week.


Irony can be pretty ironic sometimes.

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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#506

Post by bob » Fri Nov 17, 2017 3:31 pm

S.D. U.-Trib.: Disciplined judge often absent from courtroom:
San Diego Superior Court Judge Gary Kreep, publicly censured in August for his conduct on the bench by the state judicial discipline agency, has been frequently absent from his duties in a downtown courtroom the past several months.

For several years Kreep has been assigned to hear landlord-tenant dispute cases in a second floor courtroom of the central courthouse. But lawyers who regularly appear in that courtroom said he is on the bench only intermittently these days.

* * *

Under commission rules, a judge who is absent for more than 90 days in a 12-month period has to be reported to the state CJP by the presiding judge of the court where the judge works. [ . . . A] court spokeswoman said that Kreep has not been absent for more than 90 days over the past 12 months.

* * *

Kreep did not respond to requests for an interview sent via email and through the court.

The rules appear to give wide latitude to judges, who receive a salary of $200,042 per year as of July 1.

* * *

Kreep could be on a medical leave or dealing with medical problems.

During his disciplinary proceedings earlier this year he said he had back problems. . . .
Oh:
Kreep is up for re-election in 2018. He narrowly won his seat in an upset in 2012, defeating a career prosecutor by fewer than 2,000 votes.

The disciplinary proceedings and the public censure have made him vulnerable in the upcoming race. While rumors of potential challengers have circulated in the courthouse one is already in the race — Deputy District Attorney Matt Brower.

His campaign web page takes direct aim at Kreep. “I am running for Superior Court Judge on a platform of taking bias out of the courtroom,” he wrote.”I hope you will agree this sets me apart from the incumbent in my race.”

Brower said in an interview that he does not think Kreep has changed because of the discipline. “I’m not convinced he’s rehabilitated and is a different man now,” he said.
Brower's site.


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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#507

Post by RoadScholar » Fri Nov 17, 2017 3:39 pm

A $200K job where you can just not show up for 18 weeks in a year? :swoon:


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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#508

Post by Sterngard Friegen » Fri Nov 17, 2017 3:45 pm

RoadScholar wrote:
Fri Nov 17, 2017 3:39 pm
A $200K job where you can just not show up for 18 weeks in a year? :swoon:
Why not? I know of a $400,000 a year job where we'd be thrilled if the officeholder never showed up.



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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#509

Post by bob » Mon Nov 27, 2017 5:51 pm

East County Magazine: HEAR OUR INTERVIEW: JUDICIAL CANDIDATE TIM NADER:
In an interview originally aired on the East County Magazine Show on KNSJ radio, San Diego Superior Court Judge candidate Tim Nader discusses his experience and judicial values and views of our criminal justice system.

* * *

His opponent, Judge Gary Kreep, was censured by the State Commission on Judicial Performance , which found Kreep engaged in 29 acts of judicial misconduct. demonstrating lack of judicial temperament and ran his courtroom in a manner that suggested bias. Kreep made derogatory comments about women attorneys, minorities and people with cases him, among numerous other controversies.

* * *

On Judge Kreep, he notes that all sitting judges on the Commission on Judicial Misconduct voted to remove Kreep, but a narrow majority of non-sitting judges opted to keep him on the bench and censure Kreep “The standards are good and generally the system works fairly well,” Nader says. He sees the biggest flaw as the length of time it takes for cases to work their way through the system to address any issues with judges.


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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#510

Post by bob » Tue Dec 19, 2017 3:09 pm

The Sun: Tim Nader to run for Superior Court judgeship:
Tim Nader will soon gavel his term on the governing board into adjournment and has called to order a campaign for Superior Court judge.

Nader, 60, a California State Attorney and UC Berkeley law school graduate announced that he is a candidate for Superior Court judge on the June 2018 ballot. His current term on the governing board ends December 2018.

In addition to serving a pair of four-year terms on the SWC Governing Board, Nader is the former mayor of Chula Vista and a former member of the city council. He was elected to the college board in 2010 along with former SWC President Norma Hernandez in an election that changed the dynamic of the board and the direction of the college.

Nader has served in the State Attorney office for 22 years as a prosecutor, family law attorney and civil law attorney.

* * *

Nader is running against first-term San Diego County Superior Court Judge Gary Kreep, who has been accused of racist and sexist remarks to attorneys in the courtroom. He was found guilty of the charges that came after an investigation into his judgeship, but was reprimanded instead of removed.

“The functioning of our judiciary is a critically important part of our democratic system,” said Nader. “If we don’t maintain a politically independent judiciary and a competent and fair judiciary, the rest of the system is in deep trouble.”
It is extraordinary that Kreep has drawn two challengers for his seat. (Sitting judges are usually not challenged.)

I wonder if Kreep will even bother running for re-election.


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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#511

Post by Suranis » Wed Dec 20, 2017 12:51 am

Is there more money in whining that the system was unfair and drummed you out?


Irony can be pretty ironic sometimes.

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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#512

Post by Orlylicious » Wed Dec 20, 2017 1:54 am

Yes, ask Roy Moore :lol:



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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#513

Post by jonbeck » Sun Feb 11, 2018 4:54 am




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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#514

Post by ZekeB » Sun Feb 11, 2018 5:41 am

bob wrote:
Tue Dec 19, 2017 3:09 pm
I wonder if Kreep will even bother running for re-election.
Considering that the voters didn't look into who he really was the first time around, I'd bet most of them still don't know the real Kreep. He probably stands a real chance of getting re-elected unless his opponent plows some bux into advertising.


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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#515

Post by bob » Thu Feb 22, 2018 3:42 pm

S.D. U.-Trib.: Candidate challenging veteran judge once worked for legal group founded by Judge Gary Kreep:
•San Diego Superior Court Judge Herbert Exarhos is facing an election challenge from a lawyer who once worked for fellow Superior Court Judge Gary Kreep.
•The challenger, Escondido lawyer Vicki Rothman, said she only worked briefly for Kreep’s law organization years ago.
•Kreep is also facing four challengers in his bid for re-election. They are the only two judges facing challenges.

While San Diego Superior Court Judge Gary Kreep is fending off four challengers in his re-election bid, another lawyer who once briefly worked for Kreep’s law firm is challenging one of the court’s longest tenured judges.

* * *

While the races are different, there is one link. More than a decade ago Rothman worked for a time at the U.S. Justice Foundation, the Ramona-based legal advocacy group that Kreep founded and headed for years before wining election to the bench in 2012.

The foundation took on conservative constitutional law cases, often filing court briefs supporting the position of other like-minded legal groups and causes. Those have concluded cases dealing with same-sex marriage, religious liberty and the “birther” cases that unsuccessfully challenged the birth certificate of former President Barack Obama.

Rothman said she had nothing to do with the birther cases, and said she did not work at the firm very long.

“I did work for a short time at USJF, however that was over 10 years ago,” she said in an email response to questions. “I supplemented my income from my private practice which was handling civil, family and estate law, although my practice now is almost exclusively family law.”

Rothman’s name appears as one of three lawyers for the U.S. Justice Foundation as a “friend of the court” in a 2010 9th Circuit Court of Appeals case. The organization was one of many that lined up to oppose a lawsuit filed by a Sacramento-area man to remove the phrase “In God We Trust” from the nation’s money. He lost.

She was also quoted in a foundation news release in 2006 as the lead attorney on a “friend of the court” brief filed in the U.S. Supreme Court supporting a challenge to an anti-discrimination ordinance in Berkeley that banned subsidies for groups that discriminate. The law targeted the Sea Scouts, affiliated with the Boy Scouts of America, which at the time banned gay people and atheists. The high court declined to hear the case, allowing the law to stand.

Rothman said she has not spoken with Kreep in many years and he had no influence in her decision to run against Exarhos. She said that voters should be concerned that judges are usually appointed to the bench by governors who share the same political views, and that the “closed door” system of the judiciary that few understand is a disservice to voters. She indicated she wants voters to have a choice.

* * *

Rothman said that Exarhos would most likely retire sometime during his next term, leaving the seat open to be filled by the governor.

* * *

Exarhos, 75, is the second longest serving judge on the bench. He said he did not know why Rothman had challenged him, but was prepared for a race.

* * *

It’s unusual for a sitting judge to be challenged for re-election. It’s expensive to mount a coutywide campaign for low-profile races that attract little attention, and lawyers run the risk of earning the enmity of other sitting judges who don’t like seeing colleagues put on the spot.

Typically judges face a challenge for some controversial ruling in a high-profile case, or — like Kreep — because they have been disciplined in some way by the Commission on Judicial Performance. The commission issued a public censure of Kreep last year, making his seat a tempting target this year.


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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#516

Post by boots » Thu Feb 22, 2018 4:37 pm

The fact that CJP did not discipline him is troubling, as we have a local likely judicial candidate who has several pending state bar actions, and who would (IMO) be a disaster of a judge due to lack of "judgement."



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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#517

Post by bob » Thu Feb 22, 2018 4:48 pm

boots wrote:
Thu Feb 22, 2018 4:37 pm
The fact that CJP did not discipline him is troubling
Kreep was (technically) punished: he was publicly censured. Which really isn't a meaningful punishment,* but he was one CJP vote away from being removed.


* The censure means he'll never be offered a better job, but that wasn't going to happen regardless.


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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#518

Post by Sterngard Friegen » Thu Feb 22, 2018 7:58 pm

I don't know how bob missed it, but VIcki Rothman is a Taft Law Skool 'n Stuff alumna. She was admitted in 2005 so depending on how many times she took the bar exam, she could be a classmate of clounselor at law Orly Taitz.



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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#519

Post by boots » Thu Feb 22, 2018 8:01 pm

bob wrote:
Thu Feb 22, 2018 4:48 pm
boots wrote:
Thu Feb 22, 2018 4:37 pm
The fact that CJP did not discipline him is troubling
Kreep was (technically) punished: he was publicly censured. Which really isn't a meaningful punishment,* but he was one CJP vote away from being removed.


* The censure means he'll never be offered a better job, but that wasn't going to happen regardless.
Yes, that says it more accurately. I have to remind myself not to post so quickly here; I have a tendency to not take posting to the internet too seriously (much to the irritation of some others I am sure) which sometimes leaves my message a bit unclear.



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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#520

Post by Foggy » Thu Feb 22, 2018 8:19 pm

Sterngard Friegen wrote:
Thu Feb 22, 2018 7:58 pm
I don't know how bob missed it, but VIcki Rothman is a Taft Law Skool 'n Stuff alumna. She was admitted in 2005 so depending on how many times she took the bar exam, she could be a classmate of clounselor at law Orly Taitz.
Yabbut, that other nerfball from Taft told us that it isn't so much a school as a reading list, so they probably never got in a hair-pulling, fingernail scratching fight, I regret to report. :(


In my defense, I was left unsupervised.

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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#521

Post by bob » Thu Feb 22, 2018 8:36 pm

Foggy wrote:
Thu Feb 22, 2018 8:19 pm
Yabbut, that other nerfball from Taft
For the noobs: Paging Dr. Levy!

(Speaking of Levy, I just came across his 2011 full-throated defense of Ratko Mladić. Woah.)


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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#522

Post by bob » Wed Mar 21, 2018 5:29 pm

CNS: California Judges Lose Fight of Tighter Pension Scheme:
A group of six California trial judges cannot collect more generous benefits under an older iteration of the Judges Retirement System, but are subject to the more abstemious plan enacted after they took office, an appellate panel ruled Tuesday.

The judges, led by Judge Matthew McGlynn of Tehama County, were elected in June and July 2012, but did not take the bench until Jan. 7, 2013.

The group includes San Diego Superior Court Judge Gary Kreep, Alameda County Superior Court Judge Tara Flanagan, Imperial County Superior Court Judge Louis Brooks Anderholt, Kings County Superior Court Judge Jennifer Giuliani, and Yuba County Superior Court Judge Benjamin Wirtschafter.
The CACOA's ruling explains the changes in the pension system (and why these judges elect didn't qualify for the old system).


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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#523

Post by bob » Wed Apr 11, 2018 4:55 pm

S.D. U.-Trib.: Brace yourselves, it's a long June primary ballot:
For [judgeship] No. 37, incumbent Gary Kreep is challenged by Matt Brower (a deputy district attorney), Steve Miller (a retired federal prosecutor), Tim Nader (a deputy attorney general) and Victor Torres (a private practice lawyer).
California votes on June 5. A top-two primary, but I would not be surprised if Kreep, as the incumbent, makes it to the general election.


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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#524

Post by Azastan » Wed Apr 11, 2018 6:54 pm

bob wrote:
Wed Mar 21, 2018 5:29 pm
and Yuba County Superior Court Judge Benjamin Wirtschafter.
Ha! I was on a Road Scholar program with him last year.



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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#525

Post by bob » Mon Apr 16, 2018 5:08 pm

S.D. Jewish World: Howard Wayne endorses Tim Nader for judge:
I am proud to support Deputy Attorney General Tim Nader for Superior Court Judge in the upcoming June election. Tim is highly qualified and will do an excellent job.

The incumbent in this race, Gary Kreep, does not deserve re-election. Before his election he was involved in the “birther” movement to disqualify President Obama based on the fictitious claim he was born outside the United States. As a judge the incumbent was severely reprimanded and nearly removed from the bench by the California Commission on Judicial Performance because of his disrespectful treatment of attorneys appearing before him based on their race and gender.

* * *

Tim Nader is endorsed by Assembly Member Lorena Gonzalez-Fletcher, Representative Juan Vargas, San Diego City Attorney Mara Elliot, his four colleagues on the Southwestern Board, and by me, a former member of the Legislature.


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