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LWV League of Women Voters of California Education Fund

Smart Voter
Santa Clara County, CA June 6, 2006 Election
Candidates Answer Questions on the Issues
Judge - Superior Court; County of Santa Clara; Office 8


The questions were prepared by the the Leagues of Women Voters of Santa Clara County and asked of all candidates for this office.     See below for questions on Sentences, Experience, Bias

Click on a name for candidate information.   See also more information about this contest.


1. As a judge, you may be called upon 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?

Answer from Douglas B. Allen:

A wide range of legal and life experience has given me insight into fair sentencing issues. Working with youth as a coach and teacher, representing indigent clients in civil rights actions, drafting legislation on peace officer powers and representing public officials, business and property owners has provided me with exposure to diverse community members and interests. All of this gives insight into fairness and the need to provide all persons with protection against crime.

Answer from William J. Monahan:

I understand the importance of keeping our community safe. I will take into consideration all of the factors in aggravation and mitigation that the court must evaluate. I will consider the seriousness or violent nature of the crime, the injuries to the victim, the age and circumstances of defendant, the defendant's criminal history, and other relevant matters brought before me.

Answer from George S. Cole:

What will produce the most improvement -- for this person, for those affected by this decision, and for our community as a whole? How can we educate and change failed socialization, or correct a mistake, with the least unwanted and secondary costs from the process? The specific nature of the individuals affected by my decision would be the most significant factor; matching the human reality for each particular case to the broad strokes of the general law requires the exercise of comprehension and individual assessment.


2. Please describe your experience in civil and criminal cases.

Answer from George S. Cole:

I have represented both plaintiffs and defendants in civil cases, where I always sought to find the most reasonable result with the least cost to the parties and the system, and focused on diligent study of the law and dogged inquiry into and mastery of the specific facts for that case.

My experience with criminal cases is limited to my service since 2000 as a Traffic Judge Pro-Tem, where I sought to meet the goal stated in the law of dealing with each person fairly, expeditiously, and in good spirit, valuing the educational opportunity and seeking to make the entire community -- including particulary each defendant -- safer and better as a consequence of my decision.

Answer from Douglas B. Allen:

With 25 year of civil and criminal trial experience it is difficult to describe in a paragraph. I have tried cases that include three month long jury trials, received multi million dollar and defense verdicts, and numerous injunctions and writs. My cases have often been leading edge cases in civil and property rights, law enforcement and environmental protection. Nine of my cases have resulted in published appellate decisions. I have tried jury trials in Federal and state courts throughout California, in most areas of the law including intellectual property and anti trust. I have handled numerous appeals and writs including many election cases, civil rights, peace officer powers, real estate and employment. Small business to Fortune 100 companies, professionals and public officials to indigent individuals have been my clients.

Answer from William J. Monahan:

A Santa Clara University Law School graduate with 22 years of extensive experience. Regularly requested to serve as Judge Pro Tem for 10 years by the Santa Clara County Superior Court. Experienced trial attorney, arbitrator and mediator. Sucessfully handled complex civil, business, real estate, employment, and trade secret litigation. Handled cases at the state, federal, and appellate levels. Known as a dedicated litigator with throrough understanding of the trial process. Graduate of the Santa Clara Citizen's Police Academy.


3. Would you propose any changes to assure 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?

Answer from George S. Cole:

I support the outreach program which brings the court (judge, clerk, reporter, and files) to communities and locales in Santa Clara County. Our courthouses are useful, and reasonably efficient -- but they are not the sole means whereby access to the law for all can be provided. As a judge, I hope to assist the effort to reach out to all our citizens; and would hope to explore and perhaps expand the potential offered by telepresence options.

Answer from Douglas B. Allen:

I have represented persons of various ethnic, racial and gender identity groups in many cases. I have advanced their claims and defended them in cases involving excessive police force, sexual harassment, employment, and other civil rights. Recent trials of mine in United State District Court involved verdicts in sexual harassment and civil rights. What I find is the best protection of persons of diverse backgrounds is having a judge that will have the intelligence and experience to know the law and the courage to apply it.

Answer from William J. Monahan:

As your judge, I will be fair and unbiased. I will decide cases based on the evidence and the law. I will treat everyone with dignity and respect. I will assure equal justice for all.


Responses to questions asked of each candidate are reproduced as submitted to the League.  Candidates' responses are not edited or corrected by the League.

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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Created: April 4, 2007 10:10 PDT
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