League of Women Voters of California Education Fund
Santa Clara County, CA March 2, 2004 Election
	Teresa Guerrero-Daley Answers Questions Candidate for Judge - Superior Court; County of Santa Clara; Office 18

The questions were prepared by the Leagues of Women Voters of Santa Clara County and asked of all candidates for this office.

Read the answers from all candidates.

Questions & Answers

1. As a judge, you may be called on to impose sentences for crimes ranging from misdemeanors to homicide. While there are sentencing parameters and guidelines, you will have latitude. What factors and principles/values will affect your decisions?

As a judge, I will be required to follow the sentencing guidelines and consider such areas as the nature of the crime, the harm to the victim and family, the defendant's criminal history, and any mitigating factors.

2. Currently Superior Court supervises the County's Juvenile Probation Department, including the juvenile facilities. Last year serious issues were raised about staffing, practices and services. The Board of Supervisors placed a measure on the ballot that would transfer control of the Probation Department from the Court to the Supervisors. Superior Court judges oppose the measure. What are your views on this issue?

The Presiding Judge is the spokesperson for the courts. If Measure A passes, it is an issue that could still be litigated therefore, the Canons of Judicial Conduct preclude judges and candidates from speaking to issues that may come before the courts.

However, more important than who is in control of the Probation Department, is the need to address the public concern that arose from allegations of improper treatment of minors in the Juvenile Hall. Any reform must take in consideration the safety of the probation officers that work in these facilities. In order to address these allegations, a fair, objective, and thorough process to address such complaints should be implemented. As the Independent Police Auditor, I work with these type of allegations and years of experience has taught me that even if the allegations are unfounded, the perception that such conduct occurred must still be addressed. Instituting mechanisms to intake, document, and investigate complaints coupled with methods of communicating the findings to the complainants is a good way to address these concerns and rebuild public confidence.

3. In March 2000 California voters adopted the Juvenile Crime Act which included punitive measures for juvenile offenses and gave prosecutors, rather than judges, the authority to send teenagers to adult court. What is your opinion about how this act is applied in Santa Clara County?

I have known George Kennedy, District Attorney for Santa Clara County, for many years and know him to be a fair and reasonable leader. Since the passage and implementation of the Juvenile Crime Act, and in talking to my colleagues in the legal community, I have no information that would lead me to believe that a pattern of abuse of discretion exists in Santa Clara County.