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The questions were prepared by the Leagues of Women Voters of Santa Clara County and asked of all candidates for this office.
See below for questions on
Sentencing,
Experience,
Bias
Click on a name for candidate information. See also more information about this contest.
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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?
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Answer from Diane Ritchie:
As a judge in criminal court, I gave severe enough sentences to create a real change in the behavior of defendants. I gave sentences significantly more severe than the standard sentencing. In one case, a defendant was convicted of simple assault and disturbing the peace. He yelled vulgar words and tried to hit one of his neighbors. He had been a problem in the neighborhood for a long time. I sentenced him to 30 days in jail, to stay 300 years away from his neighbors for three years (which required him to move out of his parent's home), to get psychological counseling, anger management, and to get a job. I supervised him during probation. He went from an anti-social 40 year old living with his parents to a productive member of society with a job and his own place to live. In another case, a defendant was convicted of battery. He tried to choke his mother-in-law. She came over when her daughter called to say he was beating her. His 9 year old daughter called the police and tried to pull him off her grandmother. I sentenced him to 90 days in jail, parenting without violence, psychological counseling, and a peaceful contact order with his mother-in-law.
Answer from Matthew Harris:
A Judge should seek to impose a sentence that is just, based on all the facts and circumstances surrounding the crime. Many of these factors have been formalized and incorporated into the Penal Code as matters that the court must or must not take into consideration. These considerations are usually described as aggravating and mitigating factors, and function as formal rules for examining whether this robbery, for example, is worse than other robberies. Typical factors include victim impact, severity of injury or dollar amount, prior criminal history, whether a weapon was used and the likelihood of the defendant committing a new crime in the future, as well as other factors unique to each case.
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2. Please describe your experience in civil and criminal cases.
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Answer from Matthew Harris:
In addition to being the candidate most experienced in criminal law, my extensive work in civil litigation with a large law firm, as a Consumer Protection and Asset Forfeiture Prosecutor and as a federal prosecutor set me apart from the other candidates and make me the choice to work in most of the court's non-criminal divisions, where cases follow the more formal procedural requirements of the Code of Civil Procedure and are usually based on written submissions.
After graduating from the University of Notre Dame Law School, I went to work for a top California law firm as a civil litigation associate, where I received an education in the basic skills that civil trial lawyers need to master, including witness preparation, conducting depositions, discovery, arbitrations, and settlement negotiations and preparing matters for trial.
Later as a deputy on the Consumer Protection Unit, I spent four years investigating and bringing predominately civil cases against businesses engaged in unlawful business practices and deceptive advertising. My present assignment in Asset Forfeiture is a full civil caseload.
In 1991, I joined the District Attorney's Office. That same year, I was a co-recipient of the Robert L. Webb Award for Trial Advocacy in Misdemeanor cases. For over 22 years, I served on most of the DA's major felony trial teams and I have tried to a jury many cases including homicides, sexual assaults, robberies, kidnapping and the full range of gang crimes. I was named County Employee of the Month by the Board of Supervisors for my work leading to a conviction by jury of a paroled rapist for capital homicide.
I have also served on the Major Fraud Team where I prosecuted white collar criminal cases such as embezzlement, forgery and commercial bribery. For three years, I was honored to be cross-designated as a Special Assistant U.S. Attorney prosecuting federal criminal cases in district court, including trafficking in counterfeit software, asset forfeiture, money laundering, wire fraud, and felon with a gun, in conjunction with the U.S. Department of Justice's Project Safe Neighborhood, a special program targeting gun crimes.
Answer from Diane Ritchie:
As a judge I successfully presided over thousands of criminal cases including, domestic violence, gang, child abuse, rape, and other violent crimes. As a civil trial judge, I settle over 30% of the cases assigned to me. I have successfully presided over business cases, real estate, personal injury, living trusts, and other civil cases.
Prior to becoming a judge, I was an attorney for 27 years. Early in my career, I was a Santa Clara County District Attorney. I handled important cases including child molest. I was civil attorney for more than 24 years. As a civil attorney cases in many areas of law from employment law, education law, and family law, to real estate, and personal injury. I handled class actions on behalf of restaurant workers who were not paid overtime which settled one of which settled for 13 million dollars. I also handled a case on behalf of students who were harassed on the basis of sexual orientation. Before becoming a judge I was a mediator in civil cases.
Before becoming a judge, I was an attorney for 27 years. I a civil attorney for more than 24 years and a Santa Clara County District Attorney for three and a half years. As a civil attorney I handled class actions on behalf of restaurant workers who were not paid overtime which settled one of which settled for 13 million dollars. I also handled a case on behalf of students who were harassed on the basis of sexual orientation. Before becoming a judge I was also a mediator in civil cases.
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3. Would you propose any changes to assure that there is no appearance of bias in the courtroom including, but not limited to, bias based on disability, gender identity, age, race, religion, ethnicity, or sexual orientation?
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Answer from Diane Ritchie:
Disability: It is important to have a sufficient number of sign interpreters. Each sign interpreter can only interpret for about an hour. Then they need to switch off. We also need hearing assistive devices which work consistently.
Gender Identity: It is important to ask the person outside the presence of the jury how he/she wants to be referred to. It is important to treat everyone equally and with respect, including people with the protected characteristics listed above.
National Origin: The Court does not provide interpreters in civil cases. It is important for the Court to find a way to obtain interpreters in these cases.
It is important to ensure juries reflect the diversity of our county.
Answer from Matthew Harris:
A Judge has to constantly evaluate the context of things happening in the courtroom;(1.)the parties before the court are advocates and are necessarily biased in favor of their own interests,(2.)some may try to take advantage of what they think are vulnerabilities and/or the prejudices of others. To ensure fairness, the Evidence and Penal Codes allow for support persons, discretion in the manner and order of witness examinations and the limitation of evidence to only relevant matters and only those in which the probative value significantly exceeds inherent prejudice. By applying these rules, the court can significantly prevent bias in the proceedings.
Responses to questions asked of each candidate
are reproduced as submitted to the League.
Candidates' statements are presented as
submitted. The answer to each question should be limited to 400 words. Direct references to opponents are not permitted.
The order of the candidates is random and changes daily. Candidates who did not respond are not listed on this page.
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League of Women Voters of California Education Fund
