Remarks at Judicial Candidates Forum

By Mitchell W. Roth

Explains the rationale for the need to elect a Trial Lawyer to the Superior Court

Even this can be misleading. Most matters that come before the court reach an ultimate resolution without a trial, and even with respect to those that go to trial, as much court time is taken with discovery and law and motion practice as is consumed in trial. Then there are those many, many matters that come before the court that are not lawsuits or criminal matters per se, such as writs and receivers, commitment hearings and protective order hearings.

As a judge I bring my collective experience to the job. This experience shapes the lenses through which I will see and experience the matters brought before my court.

In my 26 years I have been involved with all kinds of civil litigation and transactional practice. I have represented plaintiffs and defendants. This litigation has involved such diverse areas of practice as personal injury, negligence, medical negligence, contract disputes, real estate matters, trademark infringement suits, private nuisance, TRO's and injunctions, wrongful termination cases, unfair trade practices, slander and libel, landlord-tenant matters, divorce and child support, and securities fraud cases, to name a few.

Any contact that you will have with the courts will likely be in some matter other than a criminal case. Which of the candidates would you like to see as the judge in your case? Do you want a judge whose lenses have been shaped by an intense career spent prosecuting criminal defendants, or do you want someone with 26 years of diverse experience in all kinds of legal matters?

The Los Angeles County court bench is already overfilled with former criminal prosecutors. What we need are more lawyers like myself, legal generalists with deep and varied experience.

26 years of diverse experience in the law are the unique assets I bring to the bench. Also, my wife, Vicki, insisted I tell you that I am the most objective and even-tempered person she knows. Coming from my wife - you know that must be true.

I hope you can see that what I bring to the job is unique. It is valuable to assure the just exercise of the judicial power of the State in service to the litigants, the bar and the public.

The job of a judge is to act on behalf of the State in the exercise of its judicial power. That means a judge's job is to resolve all justiciable disputes brought before the court according the requirements of the law. The overwhelming majority of these disputes emanates from civil disputes between citizens and involves issues of civil discovery practice and civil law and motion practice. In these areas the other candidates have little or no experience or expertise.

One of our greatest jurists, Oliver Wendell Holmes said, "The life of the law is not logic but experience." Our judicial system, which develops and applies the law through the process of deciding concrete disputes, relies upon the truth of this insight. And it further depends upon the presence of judges with varied life and legal experience to bring to the service of the judicial process.

Most judges never run in a seriously contested race. Most are initially appointed by Governors; who posturing as "law and order" candidates, appoint criminal prosecutors to the bench in disproportionate numbers. Thus appointed - these judges rarely run in a contested race.

It is critical to the quality of our judiciary and the quality of justice delivered by our courts to seize opportunities such as this and to elect a judge with broad and deep experience in civil practice and civil law. Respecting Office No. 69 I am that candidate.