This is an archive of a past election.
See http://www.smartvoter.org/ca/scl/ for current information.
Santa Clara County, CA June 3, 2008 Election
Smart Voter

Judicial Elections, Part 1

By Jesús "Jess" Valencia

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

This information is provided by the candidate
The Importance of An Independent and Unbiased Judge.
I am very proud and honored to be a candidate in this election. It has been a very rewarding and educational experience. One of the unique challenges I have encountered is getting voters to recognize the importance of maintaining an independent and unbiased judiciary. Understandably, most voters want to know where a candidate stands on important social or political issues before deciding which candidate to support. I have voted in every major election since my eighteenth birthday. I understand and appreciate the importance of the traditional selection and endorsement process. Candidate forums, questionnaires and debates provide voters the chance to get information about a candidate's political views and policy positions on many social and economic issues. These approaches may be useful in elections involving the legislative and executive branches government. But, they are of limited use in judicial elections unless the voters understand one important distinction.

Judicial candidates don't have the luxury or freedom of answering questions intended for politicians. As a judicial candidate, and a member of the judicial branch, I am precluded by judicial canons and rules of ethics from publicly taking or stating a position on a case or matter of public policy or controversy which is pending (or could potentially come) before the court.

Many of the voters I have come across have raised important and intelligent questions involving their rights and interests, (including the fundamental right to vote, privacy, speech, religion), the public's right to maintain secure borders, the integrity of elections, public safety, gun control, etc. As a judicial officer I am duty bound by my oath of office to follow the rule of law and to support and defend the federal and state constitutions. I am also obligated to maintain the integrity and independence of the court. While I have a constitutional right to express my personal views and opinions on many matters, I must take great care that doing so does not undermine my obligation to remain neutral and independent. A good judge must avoid undermining the trust, integrity and independence of the court. Even the appearance of bias must be avoided.

Thus, when I am asked a question about a subject that may compromise the independence, objectivity and integrity of the court, I give a brief explanation and respectfully decline expressing my opinion on the matters. I mean no disrespect. Nor am I trying to be coy or evasive. I'm simply following the judicial canons of ethics to the best of my ability. I have found that most people understand and appreciate this important limitation.

Next Page: Position Paper 2

Candidate Page || Feedback to Candidate || This Contest
June 2008 Home (Ballot Lookup) || About Smart Voter


ca/scl Created from information supplied by the candidate: May 5, 2008 16:25
Smart Voter <http://www.smartvoter.org/>
Copyright © League of Women Voters of California Education Fund.
The League of Women Voters neither supports nor opposes candidates for public office or political parties.