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LWV League of Women Voters of California
Santa Clara County, CA March 5, 2002 Election
Smart Voter Political Philosophy for Thomas Spielbauer

Candidate for
Judge of the Superior Court; County of Santa Clara; Office 16

[photo]
This information is provided by the candidate

The main reason I am running for judge is because of the danger that our freedoms are in at this time.

While Constitutional rights have been curtailed in time of war (Espionage Act during World War I; Relocation of Japanese Americans during World War II), this time things are very different. The legislative curtailment (e.g., the USA Patriot Act) of our civil rights since September 11th is so thorough, and the impact upon our freedom so profound, that it is almost inconceivable. We are at a pivotal point in our history. The abridgement of our freedoms today differs from what has occurred in the past. There previously has always been a formal congressional declaration of war which preceded the curtailment of civil liberties. There is no such formal declaration now, even though there could easily have been, judging from the congressional vote count for the Patriot Act. Additionally, the "War on Terrorism" is designed to last forever, unlike a formally declared war. While issues of safety are important, so is our Constitution.

I took an oath to support and defend the Constitution. Each one of us will be called upon in the months and years ahead to examine what this oath means, and to live it as we best can. I ask that you vote for me so that I can honor my oath from a place from where I can be effective.

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? One of the significant, if not most important role, of the judiciary is to be a last line of defense for our personal freedoms, the Constitution and the Bill of Rights.

I am the only judicial candidate who has stepped forward and recognized this crucial judicial role and the Constitutional quandary that America is in today. I will be a judge you can trust to safeguard your Constitutional freedom. I am not afraid to talk about it as a candidate.

I do not pretend that September 11th, and the resulting responses never occurred. My campaign and ballot statement is not the normal rhetoric of "I can be tough on crime, I am a nice person, look at the nice things I have done, and look who else likes me."

I ask that each voter read the voter ballot statements (the statements which appear in the voter handbook from the Registrar of Voters) and ask themselves where each of the candidates stand on the constitutional dilemma which faces us today. I ask that you reflect on what our Bill of Rights, and our Constitutional freedoms, mean to you before you vote. As a judge, I will protect those rights.

Beyond all of this, I am the most experienced, and qualified, candidate. I have been an attorney for 24 years. I became a lawyer in 1977, not in 1990.

Some Brief Qualifications: • Attorney for 24 years, not merely 11 years (10 is the minimum the law requires). • Deputy Public Defender for 20 years. • Argued to the United States and California Supreme Courts. • Extensive courtroom experience • Numerous jury trials, safeguarding the rights of the unfortunate, the forgotten, and the vulnerable. • Army officer/Vietnam-era vet. • Law professor to lawyers. • President of local and then State lawyers association. • Family man. • Major fund-raiser for Eastside schools. • Life-experience. • Supported by numerous attorneys, public defenders, citizens, community leaders, etc. etc. • "...a bright, creative attorney..." -San Jose Mercury News

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Created from information supplied by the candidate: February 28, 2002 20:27
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