The Recorder

By Cheryl Miller

May 19, 2008


SACRAMENTO - Gov. Arnold Schwarzenegger did little to deflect minority groups' criticism of his judicial appointments on Friday when he named 20 judges to the bench, many of them white men.

The governor's office does not release the race or ethnicity of individual appointees. But based on names and photos distributed by the Schwarzenegger administration as well as conversations with minority bar leaders, it appears the governor's selections include at least 14 Caucasians, at least two Latinos, just one African-American, no Asian-Americans and six women.

"It's not surprising," said Nicole Solis, president-elect of San Francisco La Raza Lawyers Association. "To have diversity on the bench it appears we're going to have to get it from the voters and not the governor."

San Francisco La Raza Lawyers has endorsed San Francisco Supervisor Gerardo Sandoval in his bid to unseat incumbent Superior Court Judge Thomas Mellon Jr.

Schwarzenegger announced his selections just days before the full state Assembly is scheduled to consider AB 2095, a Democrat-supported bill that would force the governor to identify members of his secret judicial vetting committees. Critics have accused the committees of screening out minority candidates, a suggestion that the governor's office and committee members themselves strongly deny.

Of the governor's 20 appointments, nine are Republicans, eight are Democrats, two are registered decline-to-state and one described himself as "independent." Seventeen of Schwarzenegger's picks will serve in trial courts, including five who were elevated from their jobs as court commissioners.

The governor filled three vacancies on the Second District Court of Appeal. Robert Mallano, now an associate justice in Division One, was promoted to presiding justice of the same panel. Los Angeles County Superior Court Judges Patricia Bigelow and Frank Jackson were named associate justices in Division Eight and Seven respectively.

Janet Gaard, a long-time prosecutor in the state Department of Justice, will leave her current post as chief assistant attorney general for the division of public rights, to become a superior court judge in Yolo County. Gaard joined the department in 1984 and directed former Attorney General Bill Lockyer's legislative office during his eight-year tenure.

Gaard will be joined on the Yolo County bench by Gary Richardson, who has served as a court commissioner since 2006.

Santa Clara County Deputy District Attorney Jacqueline Arroyo, an 18-year veteran of the department, will take the superior court bench in that county. She will be joined by L. Michael Clark, senior lead deputy county counsel in Santa Clara County.

In Santa Cruz County, Burton, Volkmann & Schmal partner Timothy Volkmann was named to the bench. To the south in Monterey County, Schwarzenegger appointed Wills & Benoit partner Thomas Wills to the superior court. He fills the vacancy created last year when the Commission on Judicial Performance removed Judge Jose Velasquez from office for misconduct on the bench.

Five new judges were named in Orange County: Jacki Brown, Donald Gaffney, Bob Gannon, Kim Hubbard and James Waltz.

Los Angeles County Superior Court Judge Elena Duarte will move to Sacramento County Superior Court.

In Kern County, Schwarzenegger's three appointments are Michael Dellostritto, John Somers and Louie Vega.

Kevin DeNoce and David Worley were named judges in Ventura County.