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LWV League of Women Voters of California Education Fund
Santa Clara County, CA June 3, 2008 Election
Smart Voter

Jay Steven Boyarsky
Answers Questions

Candidate for
Judge - Superior Court; County of Santa Clara; Office 8

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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.
Read the answers from all candidates (who have responded).

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?

I am supported by more than 20 law enforcement leaders and groups because of my record protecting the public from dangerous criminals. For me, protecting the community is protecting my family. That will be a principle value informing my decisions.

My reputation in the legal community, particularly with defense attorneys and judges, is that I am reasonable and I listen. I support drug treatment. I believe in sentencing alternatives for non-violent offenders. The criminal justice system is often ill-equipped to deal with the mentally ill and I support programs that solve problems rather than simply pass them on to other people or other times.

Prosecutors have enormous discretion in determining who to charge with a crime. My job as a prosecutor isn't to win cases but to do justice, including when that has meant rejecting or dismissing a case that was either mistakenly filed, or where subsequent investigation revealed such weaknesses in evidence that dismissal was warranted.

Because of my commitment to justice, I have widespread support from law enforcement leaders and groups because I have shown them respect and have worked with them to improve the criminal justice system through training and legislation. In addition, I have extensive support from civil rights leaders (see Question 3 below), and defense attorneys.

I will apply all of these values and principles to my role decision making as judge.

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

As a Deputy District Attorney for the past 14 years, I have prosecuted or supervised thousands of criminal cases over the course of my criminal justice career. I am specially assigned to Hate Crime prosecutions, and was Supervisor of the North County Division (encompassing the cities of Sunnyvale, Palo Alto, Mountain View, Stanford University and other areas) for over five years where I oversaw nearly 20% of the 40,000 criminal cases filed annually in Santa Clara County.

I helped pass Maricela's Law to protect women and children from sexual predators. I also have civil law experience at a major law firm, and was a federal clerk for the late Judge William Ingram at the United States District Court.

I have dedicated hundreds of hours assisting public safety organizations, protecting crime victims, and working toward a hate-free community for all.

I earned my law degree from the prestigious UC Berkeley's Boalt Hall School of Law, and my Bachelor degree from UC Santa Cruz.

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?

My commitment to diversity and inclusiveness consists of not only my assignment to handle Hate Crimes as a Deputy District Attorney and my extensive work with civil rights organizations, but also my personal efforts as a member of the Board of Directors of the Anti-Defamation League, Central Pacific Region.

Due to my extensive efforts to eliminate bias in the criminal justice system, I am immensely proud to be supported by civil rights leaders from the NAACP, BAYMEC, the ADL, and numerous other individuals committed to the protection of civil liberties.

I will extend my professional and personal dedication to the elimination of bias in the legal system to my role as judge in every way possible.


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

Read the answers from all candidates (who have responded).

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Created from information supplied by the candidate: May 16, 2008 18:50
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