Fired Up! - firedup's Blog - Bakersfield.com

Parra goes out in style

Sun, 30 Nov 2008 17:04:40 PST

Kern County’s termed-out Assemblywoman Nicole Parra has long been recognized as the queen (or certainly a princess) when it came to spending money – mostly campaign contributions – on junkets.

Every year when the annual spending reports come out, Parra is at the top of the list for trips to places like Spain and Japan. She claimed the trips are strategic and that her constituents, as well as all Californians, benefit from what she learns on those trips.

As she prepares to leave office, new reports have been issued and The Sacramento Bee reveals the lame-duck lawmaker “largely emptied her campaign coffers this year,” spending thousands of dollars on travel, meals, parties and conferences.

As examples, the newspaper noted she picked up the $1,367 tab for four other lawmakers at a bash honoring former Assembly Speaker Fabian Nunez at Ceja Vineyards. She spent $5,083 on a party for 100 supporters at Sacramento’s Cabana Lounge. She hosted 14 guests at a $1,967 thank-you dinner at Sacramento’s Hyatt Hotel and $226 for two guests at Ella in Sacramento.

She recently returned from the Pacific Policy Research Foundation’s annual conference for former and current legislators in Maui. The trip used to be sponsored by the union representing California prison guards. But after lawmakers took heat over the appearance that they were beholden to the union, a non-profit foundation with family ties to former state senator and now State Board of Equalization member Bill Leonard, now sponsors the event. Major corporations and special interest groups send their contributions to this foundation.

The Sacramento Bee reported that this year Parra also traveled twice to Las Vegas for political events, to New Orleans for the National Conference of State Legislatures, to Newport Beach and Del Mar for meetings with moderate Democrats and to Chicago for a session of the New Democrat Network, a progressive think thank.

Just weeks ago, Democratic Assembly leaders booted Parra from her Capitol office after she failed to support a Democratic version of the state budget. Parra further angered Democrats when she endorsed Republican Danny Gilmore, rather than Democrat Fran Florez in the race to replace Parra as the 30^th District representative.

Parra, who said she may run for state Senate in two years, will need to work hard to replace the campaign money she has spent on junkets and goodbye parties. She also contributed thousands to the campaigns of legislative colleagues.

For the complete story, go to

http://www.sacbee.com/capitolandcalifornia/story/1436582.html

Dianne Hardisty

Royalty in Bakersfield? Who wudda thunk?

Thu, 19 Jun 2008 16:29:59 PDT

This is a story filled with mystery and fantasy, likely presenting more questions than answers. But that is how Her Royal Highness Princess Katherine A. Plantagenet would want it to be.

A couple of months ago, I was mindlessly shopping in Target, when I encountered a friend who complained that The Californian had not published a story about HRH Princess Katherine A. Plantagenet.

To my clueless expression, she explained that a March obituary in The Californian announced the 86-year-old princess’s death. She wanted to know who she was and her connection to Bakersfield. I said I would check it out.

Easier said than done. I embarked on a weeks-long search, beginning at the San Jose funeral home that handled her arrangements. They offered little information, but promised to have the princess’s executor, Donald Bednarz, call me. When no call came, I located Bednarz in Portland, Ore., left repeated messages, but still no call.

The princess’s obituary also appeared in the San Francisco Chronicle and The Tribune Star in Terre Haute, Ind. From comments posted on an Internet blog, the obituary aroused curiosity in those cities, as well.

Among the blog postings was one by an anonymous Bakersfield writer claiming the princess had been a family friend named Bub, who told “Fantasy Land” stories and who moved to San Francisco, where letters were dispatched with the return address: HRH.

I hit pay dirt when I found Leah Garchik’s April 1 San Francisco Chronicle column. Bednarz told her he had known the princess for 28 years. They worked together at the Social Security Administration in San Francisco.

The princess ardently researched her “entitlements,” leading her to assume the name of a 12th century English royal family. “She loved to use her titles among all her friends and she wanted to be remembered in that regard,” said Bednarz, refusing to give her majesty’s real name.

When I called Garchik, she had no clue how the princess was tied to Bakersfield. But on the Legacy.com guest book that accompanied her obituary and photograph on the San Francisco Chronicle Web site, I found comments by Sister Judy Morasci, Mercy Hospital of Bakersfield’s vice president. Six years ago, the princess called Mercy. Her call was given to Sister Morasci.

“She said she once lived here years ago and had been in a bad accident,” Morasci told me. “She was taken to Mercy Hospital where the sisters were so good to her. She wanted us to know how much she appreciated their care.

“After that, she faithfully called me twice a year to ask how I was doing; how the hospital was doing; and tell me she was praying for me,” Morasci recalled, adding there was something strange about the princess’s voice and her apparent obsession with privacy.

Mary Pifer, whose comments also appeared on Legacy.com, bought the princess’s home in Terre Haute in 1990. She told me the princess called at least once a year to check on the house and her family.

“I will never forget her. She was a very kind, colorful, intriguing person,” Pifer said. “Her stories about her past were so interesting. We didn’t know how much was true.”

Father John Cloherty, the priest at St. Anne’s Catholic Church in San Francisco who officiated at her funeral, met the princess and Bednarz when they made her arrangements in 1990. For years, he brought communion to the wheelchair-bound princess’s Redwood City mobile home. He said she moved from San Francisco to Indiana and back to the Bay Area when her health failed.

Her detailed final instructions called for a Latin Mass at St. Anne’s, which about 25 people attended. Limousines carried the pallbearers and priest to a San Jose cemetery, where the princess was laid to rest in a crypt next her mother. She wore the crown she saved for special occasions.

On April 3, Garchik again wrote after receiving e-mails from the princess’s former Social Security Administration co-workers.

One recalled: “He said he thoughtfully considered that one should have whatever name one felt comfortable with. He morphed into Katherine and she conducted herself with great dignity for the second half of her life.”

Gil Watson, who headed the Social Security office in Bakersfield until his recent retirement, remembers the dapperly-dressed, very nice gentleman who transformed into the princess.

Could he have been the Bakersfield family’s friend, Bub?

“Maybe Sir Bub,” he suggested.

A mystery story by Editorial Page Editor Dianne Hardisty

No on Prop. 98, Yes on 99

Wed, 07 May 2008 17:18:21 PDT

Envision Bakersfield’s long-anticipated downtown linear park, South Mill Creek, finally at completion — except for a few spotty storefronts interrupting the scenic walking path every quarter-mile or so.

Imagine the long-awaited City Walk project, just south of Bakersfield’s Rabobank Arena, finally coming to fruition — except for the abandoned-looking warehouse situated squarely in the center.

Those are glimpses of city redevelopment in a post-Proposition 98 California.

Prop. 98, on the June 3 ballot, would severely restrict local governments’ ability to acquire private property through the power of eminent domain. Government would still be able to use its constitutionally mandated right to acquire property for roads, parks, schools and certain other public uses, but government would generally lose the power to condemn private property if the land is to ultimately end up in the hands of another private owner.

The impetus for the initiative is the 2005 U.S. Supreme Court decision against Susette Kelo, a Connecticut woman who tried to prevent the city of New London from seizing 15 occupied houses, including her own, for a private development. She lost, leading to justifiable and widespread outrage.

Prop. 98 would ban transactions like that. But Prop. 98, as written, could also hamstring an assortment of laws that restrict land use or protect air and water resources.

Prop. 98 would unquestionably lead to an avalanche of lawsuits involving government, developers and landowners, with taxpayers signing the checks. Opponents — who include Gov. Arnold Schwarzenegger, former Gov. Pete Wilson and Sen. Dianne Feinstein — fear it could also stall state water projects and limit public access to the coastline.

Oddly, Prop. 98 also ends rent-control law across the state. That fight is not relevant in Kern County, where rent control is not an issue, but it seems appropriate and logical that opponents of rent control (landlord associations in the case of Prop. 98) with a separate initiative exclusively addressing the issue.

Restriction of eminent domain is a subject best addressed by the state Legislature, which can study, develop, debate and refine property-condemnation laws that are fair to both property owners (because, yes, eminent domain has been abused by a few cities) and taxpayers who are generally well-served by government-facilitated development, including blight-eradication efforts.

In the absence of legislative initiative, however, there is Proposition 99, an alternative sponsored by the League of California Cities. It, too, would bar governments from using eminent domain to acquire an owner-occupied residence in order to transfer it to another private party. But it creates reasonable exceptions.

Prop. 99 also has a poison-pill provision that, assuming both propositions pass, nullifies Prop. 98 if it gets fewer votes than Prop. 99. Prop. 98 sponsors consider the provision underhanded, but the fact is, it spares a judge the chore of deciding how to combine the two into a single comprehensible law.

We urge voters to reject Prop. 98 and approve Prop. 99.

Re-elect Mayor Harvey Hall

Wed, 07 May 2008 17:16:45 PDT

Bakersfield voters should return Harvey Hall to the mayor’s office for a third term. Hall, first elected in 2000, has served the city with honor and dignity through occasionally difficult times.

Challengers with appropriate credentials have not stepped forward — no doubt because Hall is widely regarded as having done a good job.

Hall’s vision of the job is not that of an aggressive, policy-dictating activist mayor. Hall believes his role is to promote the city, both to outsiders and to those of us who live here. His consistent theme has been “Unity in the Community,” and he has worked toward fulfilling that goal.

But Hall is not just about rhyming mottos. He rolls up his sleeves and goes to work.
He doesn’t just delegate, he’s out there picking up trash along the city’s roadsides himself.

Hall’s official powers are negligible. He casts votes at Bakersfield City Council meetings only on the rare occasions when he must break a tie, and he rarely involves himself in council discussion. His job is to conduct meetings — “referee” sometimes might be a more apt term — and he takes that role very seriously.

He is justifiably proud of the fact that he has good relationships with all of the council members, even if they don’t necessarily always have good relationships with each other. Hall has managed to stay above the factional politics that occasionally rears its head at city hall.

Hall presents a good face on Bakersfield’s behalf — to the region, to the state, and to the world. He is a professional, informed ambassador.

Hall’s challengers — Dennis Martinez, Joseph Caporali and Marc DeLeon — do not offer the kind of leadership experience the position requires.

Dennis Martinez, a 48-year-old construction company owner, has admirable passion for the city and for the job’s potential, but his grasp of the issues is lacking. He is encouraged to look for other ways to serve the community, such as membership on a nonprofit board or government committee.

Caporali , a 76-year-old freelance film director, has by all accounts lived a fascinating life. But his colorful past, which includes multiple marriages (some of which he can’t remember), would make a better screenplay than mayor’s resume.

Marc DeLeon, a 39-year-old tattoo parlor owner, did not make himself available for an interview with The Californian’s editorial board.

The election is June 3. If no candidate wins a majority of the vote, the race will go to a November runoff. The Californian urges voters make a mayoral runoff unnecessary and re-elect Hall.

Errea, Mitchell, Brehmer for bench

Wed, 07 May 2008 17:14:41 PDT

The retirement of two Kern County Superior Court judges presents local voters with the rare opportunity to select replacements.

Most often, judges are appointed by the governor. If they face no opposition when their terms expire, they return to office without undergoing the rigors of an election.

But the timing of the retirements of Judge H.A. “Skip” Staley and Judge Clarence Westra places the seats on the June 3 ballot. It is an opportunity for voters to weigh the qualities of those who will be weighing justice in Kern.

Voters are fortunate to have several qualified members of the local legal profession stepping forward to seek election to these two seats. After meeting with candidates in both races, The Californian’s editorial board enthusiastically makes the following recommendations:

Commissioner Larry Errea is the most qualified and experienced of two candidates vying for Judge Staley’s seat. Errea has the judicial temperament and experience — both as a judge and attorney — to earn voters’ support.

Errea grew up in Bakersfield, and earned a bachelor’s degree from Cal State Bakersfield and a law degree from Whittier College School of Law. He practiced law in Bakersfield for 25 years before being appointed Superior Court commissioner in 2006. Errea is a thoughtful and knowledgeable commissioner who should be elevated to Superior Court judge.

His opponent, Olaf Landsgaard, is a Rosamond attorney who lacks the judicial experience that Errea will bring to the post.

Six Bakersfield attorneys are vying to replace Judge Westra. If a single candidate does not obtain a majority vote, the two top vote-getters will face each other in the November election. Those two candidates should be Charles “Chip” Brehmer and Holly Mitchell.

Brehmer is a private attorney who has prepared himself well — through specialized courses, as well as experience — for a judgeship. Brehmer earned a law degree from Wesemann School of Law in Valparaiso, Ind., and completed the mediation certification program at Pepperdine University School of Law. He has practiced law in Bakersfield since 1993 and has experience as a Kern County Superior Court judge pro-tem and judicial arbitrator.

A 1982 graduate of Howard University School of Law, Mitchell is a Kern County deputy district attorney. An experienced prosecutor, Mitchell’s career also has included diverse assignments as a supervisor with the office’s child support division and truancy program. Mitchell will bring unique insights and experience to the Superior Court bench.

Others in the race include private attorneys Matt Brady, Michael Gardina and Frank Butkiewicz, and public defender Tony Heider.

HOW DO WE JUDGE A JUDGE?

Fri, 15 Feb 2008 11:57:25 PST

How do you judge a judge? Good question. We are going to find out in the next few months as nine people compete for two open seats on the Kern County bench.

Actually, 11 seats are “open.” But only two judges are retiring and did not file “declarations” to run for reelection. Nine did. And while local lawyers are free to “contest” incumbent judges seeking reelection, that is seldom done. Traditionally, an incumbent serves unopposed as long as he or she wishes. Only judges who antagonize the public or legal community have drawn opposition.

Superior Court judges who face no opposition are even spared the bother of having their names appear on the ballot. They simply slide into one term after another — leading many citizens to conclude judges are not really elected.

But that has changed with the retirements of judges H.A. “Skip” Staley and Clarence Westra. As the candidate filing deadline neared, it appeared these two judicial seats would be uncontested elections. Only one candidate in each race — Commissioner Larry Errea, vying for Staley’s seat, and Bakersfield attorney Charles “Chip” Brehmer, for Westra’s — had declared intentions to run.

But that changed when The Californian published a news story and editorial last Friday alerting the community to the opportunity for voters to fill these seats. Like toadstools on your front lawn, a total of nine candidates popped up.

In addition to Errea, attorneys Ronald Carter and Olaf Landsgaard filed for Staley’s seat. Elections officials contend Carter is ineligible to run. He is disputing the ruling. In addition to Brehmer, attorneys Michael Gardina, Frank Butkiewicz, Holly Mitchell, Matt Brady and Tony Heider filed for Westra’s.

So, how will voters judge these candidates’ merits?

A good place to start is the California Bar Association, which maintains a Web page (www.calbar.ca.gov) where you can find information, including any discipline taken against a lawyer. You also can ask friends, neighbors, colleagues and others with ties to the local courts. It’s a tight community. Bad apples are easily identified.

And The Californian will help. Like all political candidates, those running for judge were sent “questionnaires” — job applications seeking basic educational and employment history. Candidates were asked to respond to supplemental questions specific to being a judge.

Candidate information is posted on the Opinion section’s FIRED UP! blog. Initial information came from the California Bar Association Web page.

You are invited to post your comments — testimonials and concerns — as well as questions regarding the candidates. Candidates are free to go onto the blog and respond. If they choose not to, The Californian will try to answer your questions.

MATHEW "MATT" BRADY - Westra Seat

Fri, 15 Feb 2008 11:32:44 PST

Mathew "Matt" Brady is a Bakersfield attorney. The following information was obtained from the California Bar Association Web site. This entry will be updated when he responds to The Californian's candidate questionnaire and supplemental judicial questions. You are invited to post your comments and questions concerning this candidate. The candidate is invited to respond directly onto this blog. If he chooses not to, The Californian will attempt to obtain answers to your questions.

Undergraduate School: California State University, Bakersfield

Law School: McGeorge School of Law, University of Pacific, California

Status: Active

Admitted to the California Bar: Dec. 7, 1988

Disciplinary record: None

CALIFORNIAN QUESTIONNAIRE

Name: Matt Brady or Mathew Mitchell Brady

Office sought: Kern County Superior Court Judge

Born: 1960 in Ridgecrest, CA

Spouse’s name: Shannon Brady

Number of children and ages: 2 Children: 15, 17

Current occupation/employer:
Vice President & General Counsel, ABA Energy Corp.

List employment history (past 20 years):

1988-1995    Associate Attorney for Clifford, Jenkins & Brown/ Clifford & Brown

1995-2001        Partner at Jenkins, Barnes & Brady/Jenkins & Brady

April-July 2000    Counsel to Committee on House Administration, U.S. Congress in Washington, D.C.

2001-2002    Mathew Brady, Attorney at Law (Serving as counsel to ABA Energy Corporation)

2002-Present    Vice President & General Counsel, ABA Energy Corporation

Professional licenses: License to Practice Law in the State of California

How long have you lived in the jurisdiction you seek election?
40+ years

Political offices you have held: Kern County Republican Central Committee; Chairman 2005-2006; Vice Chairman 2003-2004; Treasurer 2000-2002

Political offices you have sought: (dates, locations, outcomes):
Kern County Republican Central Committee: Ran successfully in the 2nd District for many years. Ran in the 4th District in 2006 and was not successful.

Board memberships/Community activities:
•    Planning Commission, City of Bakersfield 1994-1997; 1998-2002
•    Kern Superintendent of Schools High School Mock Trial Program - coach, scoring judge, Presiding Judge/Jurist
•    Kern River Alliance, member

Education:   Boron High School, High School Diploma; 1974-1978 California State University Bakersfield, BA in Political Science with a minor in music 1978-1982
University of the Pacific, McGeorge School of Law, Juris Doctor 1985-1988

Military:    N/A

Describe anything you have published, invented, discovered, painted, etc., and events or hobbies that would be interesting for a biographical story: I sing bass in my church choir. In college I performed in the choir and jazz choir and played the trumpet in the concert band.

Campaign committee members:    Treasurer Conni Brunni

State or Federal campaign ID number: Pending

Campaign consultant:    Mark Abernathy

List all criminal convictions or pleas in this county and others
(Include year): None

List all civil court judgments against you or any business you have had a financial interest in (partnership, sole proprietor, corporation) in this county and others (include year): None

SUPPLEMENTAL QUESTIONS

Why did you become a lawyer? I first decided to become a lawyer when I was still a teenager. It appeared to me at that time that whenever there was some big issue that needed to be resolved that lawyers were involved in resolving it. As I grew older I became fascinated by our society’s ability to govern itself through the law and as a student and practitioner of the law I felt I could have a positive influence on our society.

Have you been disciplined in any way by a Bar Association or successfully sued for malpractice?     No

Why do you want to become a judge?    In my mind this is the highest calling for a lawyer. Throughout my legal career there have been judges that have inspired me and I feel that this is the best way I can serve my community.

What is the nature of your law practice? For most of my career I had a civil litigation practice that involved handling all aspects of lawsuits covering a wide range of issues. I have represented in litigation: farmers, doctors, hospitals, retailers, contractors, oil and gas companies and oil and gas service companies, government agencies, small businesses and just ordinary people in need of legal services. I also developed a general business practice covering issues including formation of businesses, employment issues, contract preparation, real property matters, business purchase and sale, corporate governance, etc. In my present practice as the General Counsel for a business I use all of the aspects of my past practice and have further developed my oil and gas law expertise. In addition, I now hire, supervise and direct the activities of outside counsel to perform legal services throughout California. I also have had the opportunity to personally handle litigation for the business involving property worth millions of dollars which I successfully tried before a panel of arbitrators led by a retired federal judge.

How often have you gone to trial? As a civil litigator most of my cases were resolved by trying cases before an arbitrator, through law and motion practice, or by means of settlement. In addition much of the work of a litigator is conducted outside the courtroom by performing discovery including deposing witnesses under oath, and taking other steps to conduct fact finding. As a civil litigator I have spent a great deal of time preparing for and appearing in court on law and motion matters seeking court orders that addressed various aspects of the cases including summary judgment motions which terminated the cases. In addition, I have occasionally handled appellate matters before the Fifth District Court of Appeal.

How often have you tried a case before a jury? During my litigation career, in working on hundreds of litigated matters, I have had the opportunity to serve as lead counsel for four jury trials.

Are you qualified to argue a case before the Supreme Court?
I am qualified to argue a case before the California Supreme Court. I could qualify for, but have not applied to practice before, the U.S. Supreme Court.

Have you served pro bono as an attorney for a client or organization? Yes. I have assisted groups in forming non-profit corporations and served as counsel to them on a pro bono basis.

Have you served as a judge pro tem, mediator, arbitrator or hearing officer? How often? As a planning commissioner for the City of Bakersfield, I served in a quasi-judicial position which routinely required me to make factual findings, apply CEQA as well as land use and zoning laws to projects, and otherwise determine whether applications before the commission were in compliance with California law.

What is your judicial philosophy? As a Superior Court Judge I will strive to provide a fair, impartial, consistent forum to resolve disputes, adjudicate criminal offenses, and address the variety of issues brought before our local courts. I am a conservative person and not a judicial activist with an agenda. I do not believe judges should take on a legislative role but should instead focus on applying the law to the facts of each case. I take seriously the oath to uphold the Constitution of the United States and the Constitution of the State of California and will do so to the best of my ability. I believe that all participants in the legal process deserve to be treated with respect so that justice may be served.

CHARLES ROBERT "CHIP" BREHMER - Westra Seat

Fri, 15 Feb 2008 11:21:10 PST

Charles Robert "Chip" Brehmer is a Bakersfield attorney. The following information was obtained from the California Bar Association Web site. This entry will be updated when he responds to The Californian's candidate questionnaire and supplemental judicial questions. You are invited to post your comments and questions concerning this candidate. The candidate is invited to respond directly onto this blog. If he chooses not to, The Californian will attempt to obtain answers to your questions.

Undergraduate School: Valparaiso University, Valparaiso, Ind.

Law School: Valparaiso University School of Law

Status: Active

Admitted to the California Bar: Dec. 2, 1992

Disciplinary record: None

CALIFORNIAN QUESTIONNAIRE

Name:    CHARLES ROBERT BREHMER

Other name(s) used:    Chip Brehmer

Office sought: Judge, Kern County Superior Court, #30

Web site address: BREHMERFORJUDGE.COM

Born: 1966 in Cedar Rapids, Iowa

Spouse’s name: Graciela “Chela” Maria Gambetta Brehmer

Number of children and ages: Three children, ages 7, 4 and 2

Current occupation/employer: Attorney, Charles R. Brehmer, A Professional Corporation

List employment history (past 20 Years):
    2000 – Present: Charles R. Brehmer, A Professional Corporation
    1995 – 2000:       Partner, Biel & Brehmer, Attorneys at Law
    1993 – 1995:       Associate Attorney, Borton, Petrini & Conron

Professional Licenses: License to practice law in both California and Indiana since 1992. California Bar Exam date: 1992; Indiana Bar Exam date; 1992
Real Estate sales license in California.

How long have you lived in the jurisdiction you seek election? Since March 1993

Political offices you have held: None

Political offices you have sought (dates, locations, outcomes): None

Board memberships/Community activities: Past and Current
•    Judge Pro-tem – Kern County Superior Court
•    Judicial Arbitrator - Kern County Superior Court
•    Hearing Board Member, San Joaquin Valley Air Pollution Control District
•    Member San Joaquin Valley Civic Leadership
•    Member Leadership Bakersfield Class of 1999
•    Member Board of Directors, YMCA of Kern County
•    President, YMCA of Kern County
•    Member Allocations Committee – United Way of Kern County
•    Chairman Church Governance Review Committee 1998 , St. John’s Lutheran Church

Education:
•    B.A. Political Science and History, double major Valparaiso University,
    Valparaiso, Indiana
•    Juris Doctor Valparaiso University; Wesemann School of Law,
Valparaiso, Indiana

•    Mediator Certification Program through Pepperdine University.

Military: N/A

Describe anything you have published, invented, discovered, painted, etc., and events or hobbies that would be interesting for a biographical story:

Competitive Runner, Marathon Running; completed Chicago Marathon, Portland Marathon and (upcoming) L.A. Marathon, also ran Bakersfield Half Marathon, Santa Barbara Pier to Peak Half Marathon, Surf City Half Marathon, Las Vegas Half Marathon etc. Avid reader, favorite novels “To Kill a Mockingbird”, “Travels through the Yucatan” and “Anatomy of a Murder”. Enjoy soccer - favorite teams, Real Madrid and LA Galaxy. Certified Advanced Scuba Diver.

World traveler, raised in Nigeria from ages 1-8. Additional travels through Europe, South America, Asia and South Pacific.

Campaign committee members: John T. Mitchell, Kern County Deputy District Attorney; Denis Maddox, M.D. and others. Endorsement List to Follow

State or Federal campaign ID number: In process

List all criminal convictions or pleas in this county and others: None

List all civil court judgments against you or any business you have had a financial interest in (partnership, sole proprietor, corporation) in this county and others: None.

SUPPLEMENTAL QUESTIONS

Why did you become a lawyer?

We are fortunate to live in a great country that advocates the pursuit of justice. Throughout my life I have been compelled to follow the same pursuit. Our country was founded on and continued to develop the equal application of the law to all and access to an impartial legal system in which to resolve disputes. One of our greatest Presidents, Abraham Lincoln, was a practicing lawyer who represented each of his clients with enthusiasm and dedication for the truth.

I have known since a young age that I wanted to be the champion for those who needed representation in a legal forum to resolve their disputes. My greatest moments as a lawyer are those in which I represent someone in our community who has no true access to the legal system and truly needs a champion to assist in resolving their dispute.

I truly believe our legal system and our courts are the best, although not perfect, method of resolving disputes and that by and large lawyers, as officers of the court, truly have a desire and interest for a just result.

As a judge, I will equally apply the law to all and offer access to an impartial legal system with just results.

Have you been disciplined in any way by a Bar Association or successfully sued for malpractice?

No discipline whatsoever and no malpractice judgments.

Why do you want to become a judge?

Our court system in Kern County is facing a large turnover of experienced judges who are retiring after faithful service to our community. As a practicing lawyer who knows the courtroom it is critical that good, honest experienced attorneys make the commitment to become judges and serve.

I truly believe that I have not only the integrity and desire to humbly serve the community but that I also have a broad scope of experience as a Judge Pro Tem, a Judicial Arbitrator, a Fee Arbitrator and a Mediator as well as courtroom and trial experience all of which make me the most viable candidate to serve as a judge.

I have also received a tremendous amount of support and encouragement to submit my name and my reputation and serve as a judge. This support and encouragement has come and continues to come from judges and practicing attorneys whom I have both worked with and against over the past 15 years and is inclusive of attorneys from all areas of the legal community. I also am known to be independent, clear thinking and not associated only with one area of legal practice or one area of political thought.

I am committed to this community and have demonstrated that by my involvement over the past years. I live here with my wife and three young children and I want a safe and dynamic community for my family and all citizens of Kern County.

The job of a judge is to be independent, clear thinking, and make decisions based upon the current law with equal application of the law to all members of our community. I have the experience and the ability to serve our community as a judge and the desire to do so not at the end of my career but during the prime of my career.

What is the nature of your practice?

Over the past 15 years, I have had the opportunity to represent both plaintiffs and defendants in a myriad of both civil and criminal matters ranging from business disputes to criminal to injury cases. In addition, I have had the opportunity to mediate a number of disputes and act as an independent arbitrator in many other disputes. I further have had the opportunity to assist when no one would and ensure that the rights of many were protected.

How often have you gone to trial?

Over the past 15 years, I have had the privilege to represent members of the community in many matters that have been decided by a jury, a judge, retired judge, or other independent decision maker. In addition to many jury trials and numerous court trials, I have represented parties in adversarial arbitration proceedings, as well as a number of adversarial administrative proceedings and contested administrative proceedings.

How often have you tried a case before a jury?

I have been trial counsel in 12 jury trials to verdict and more than 50 other times in court trials, adversarial arbitration proceedings and administrative proceedings.

Are you qualified to argue a case before the Supreme Court?

I am admitted to argue any case before the California Supreme Court, the Indiana Supreme Court and I am eligible to argue before the U.S. Supreme Court.

Have you served pro bono as an attorney for a client or organization?

Yes. I believe that as an attorney I have the highest ethical duty and responsibility for all people in my community. This includes assisting those who have no financial means to obtain qualified legal representation. Over the last decade, I have felt compelled to assist many individuals in preserving their rights when they alone would not be able to. I fought these cases with vigor and enthusiasm. I am proud to say that some of my most enjoyable days in the practice of law have been times when I have represented individuals at no charge. I have also represented the interests of non-profit organizations at no charge.

In further preservation of our legal process, I have served and continue to serve as an Attorney-Client Fee Dispute Arbitrator through the California State Bar and the Kern County Bar Association on a pro-bono basis and as a Judicial Arbitrator – Kern County Superior Court and refused reimbursement for these services.

Have you served as a judge pro tem, mediator, arbitrator or hearing officer? How often?

My experience as a Judge Pro-Tem, Judicial Arbitrator, Attorney-Client Fee Dispute Arbitrator, and Mediator place me in a very unique position when compared to other candidates who seek the position of Judge of the Kern County Superior Court.

I have had the opportunity to serve as a Judge Pro-Tem for the last approximate 10 years with the Kern County Superior Court. Over that time, I have been the sole “judge” and decision maker in the courtroom in over 200 disputed lawsuits.

I also have served over the past 10 years as a Judicial Arbitrator for the Kern County Superior Court, serving as the sole decision maker/arbitrator in disputed litigated cases more than 30 times.

Further, I have served and continue to serve as an Attorney-Client Fee Dispute Arbitrator for the California State Bar and the Kern County Bar Association on a pro bono basis. This involves being the sole decision maker or joint decision maker of a three-arbitrator panel, wherein fee disputes between a client and an attorney are decided.

Over the past five years, I have also obtained mediation training through Pepperdine University’s Straus Institute for Dispute Resolution and have served as a mediator on a number of occasions.

What is your judicial philosophy?

I take the responsibilities of a judge very seriously. As indicated above, I have had the opportunity to serve as an independent decision-maker as a Judge Pro Tem, Judicial Arbitrator and Fee Arbitrator on hundreds of occasions over the past 10 years of the more than 15 years I have been in practice.

The importance of independent non-partisan decision making is critical in order to serve as a judge in the Superior Court.

As a Judge Pro Tem for the Superior Court, I have taken the same oath of office as that of a full-time Superior Court Judge and fully understand the responsibilities of independent decision making as a judge.

My decision making as a Judge Pro Tem, which would carry over as a Judge of the Superior Court, is to evaluate each and every case on an individual basis and subsequently render a decision based on the application of the current law to the unique facts in each case.

The law should not be applied either arbitrarily or capriciously and I firmly believe in the equal applicability of the law to all regardless of ethnicity, religious beliefs, gender or political affiliation.

FRANK BUTKIEWICZ - Westra Seat

Fri, 15 Feb 2008 11:18:01 PST

Frank Butkiewicz is a Bakersfield attorney. The following information was obtained from the California Bar Association Web site. This entry will be updated when he responds to The Californian's candidate questionnaire and supplemental judicial questions. You are invited to post your comments and questions concerning this candidate. The candidate is invited to respond directly onto this blog. If he chooses not to, The Californian will attempt to obtain answers to your questions.

Undergraduate School: State University New York

Law School: California Western School of Law, San Diego

Legal Specialist: Criminal law (State Bar of California)

Status: Active

Admitted to the California Bar: April 30, 1981

Disciplinary record: None

CALIFORNIAN QUESTIONNAIRE

Name: Frank Butkiewicz

Other name(s) used: Frank S. Butkiewicz, Jr.

Office sought: Judge of the Kern County Superior Court, Office #30

Born: 1953 in Wilkes Barre, PA

Spouse’s name: Imelda Ceja-Butkiewicz

Number of children and ages: son, 27; daughter, 22

Current occupation/employer: Attorney at Law, Sole Practitioner

List employment history (past 20 years):

1981-1986:     Deputy Public Defender with the Office of the Kern County Public Defender

1986-1995:     Attorney with the law firm of Chain/Younger

1995-Present:    Sole practitioner

Professional licenses: 1981-Present: Licensed to practice law in State of California.
State Bar No. 97261

How long have you lived in the jurisdiction you seek election? Since 1981

Political offices you have held: None

Political offices you has sought: (dates, locations, outcomes): None previously

Board memberships/Community activities:

2004-Present:     Board of Directors of the Kern County Bar Association
2007-Present:     Chairman, Oversight Committee of the Kern County                                 Indigent Defense Program
1986-Present:     Member of the California Attorneys for Criminal Justice

Education:

1973:     A.A. Degree in Liberal Arts & Sciences; Broome Community College, Binghamton, NY
1975:    B.A. degree in Political Science; State University of New York at Albany, Albany, NY
1979:     J.D. Degree; California Western School of Law, San Diego, CA

Military: None

Describe anything you have published, invented, discovered, painted, etc., and events or hobbies that would be interesting for a biographical story:

Recipient of Eagle Scout Award; Hobbies: Cooking (9/10/03 Bakersfield Californian article as neighborhood cook), Tennis, Gym Exercise

Campaign committee members: Lupe Carrillo, Treasurer

State or Federal campaign ID number: Not yet assigned

List all criminal convictions or pleas in this county and others
(Include year): None

List all civil court judgments against you or any business you have had a financial interest in (partnership, sole proprietor, corporation) in this county and others (include year): None

SUPPLEMENTAL QUESTIONS

Why did you become a lawyer?

I did not come from a family of lawyers. In fact, my grandfather was a Polish immigrant who worked as a coal miner in Pennsylvania. But in high school I remember reading the book “To Kill a Mockingbird” and it left an indelible impression about the courage, compassion, struggles, and success of a lawyer who fought against inequality. Since that moment, I realized I wanted to become a trial lawyer and from then on I focused my education towards attaining this goal.

I graduated magna cum laude from the State University of New York at Albany and earned my B.A. degree in political science. During my undergraduate studies, I was accepted into two honors fraternities and I also served as Chairman of the State University Judicial Board. I earned my law degree from California Western School of Law in San Diego, California where I successfully competed in various moot court competitions. I was selected Chairman of the Advocacy Honors Board and admitted membership into the National Order of Barristers.

Have you been disciplined in any way by a Bar Association or successfully sued for malpractice?

    I have never been subjected to disciplinary action by any Bar Association and, to my knowledge, I have never had any malpractice judgments rendered against me.

Why do you want to become a judge?

    I would like to use my knowledge and experience to help people resolve their differences in a fair and impartial process.
What is the nature of your law practice?

    I have been an attorney here in Bakersfield for 27 years and I am actively engaged in the practice of both civil as well as criminal law. During my career, I have handled over two thousand cases and I have been certified as a “specialist in criminal law” by the State Bar of California.

I serve on the Board of Directors of the Kern County Bar Association and I am Chairman of the Oversight Committee of the Kern County Indigent Defense Program.

    In addition to my duties as an attorney, I have also served as an adjunct professor in criminal law with the Department of Criminal Justice at California State University at Bakersfield from 1984-1989.

How often have you gone to trial?

    I go to trial every year. Last year I was counsel in five jury trials and this year I have cases set for trial before the June election date.

How often have you tried a case before a jury?

    I have tried over 100 cases before a jury.

Are you qualified to argue a case before the Supreme Court?

    I am licensed to practice law before the California Supreme Court. While I have never had the privilege of appearing before that particular court, I have argued both civil and criminal appellate cases before our 5th District Court of Appeal in Fresno.

Have you serve pro bono as an attorney for a client or organization?

    During my career I have represented clients at either no cost or a reduced fee. As part of my private practice I also offer free consultations.

Have you served as a judge pro tem, mediator, arbitrator or hearing officer? How often?

    Prior to the hiring of our Court Commissioners I served as a judge pro tem here in Bakersfield and in Lake Isabella. Approximately two years ago I also completed a training course for pro tem judges taught by the Honorable Craig Phillips and the Honorable Catherine Purcell.

What is your judicial philosophy?

A judge has a very important societal role, responsibility and duty to be impartial, and not have an agenda to favor any special interest group or make decisions based on politics. To quote retired U.S. Supreme Court Justice Sandra Day O’Conner: “a good judge applies the law as it is, not as she [or he] wants it to be.”

MICHAEL RALPH GARDINA - Westra Seat

Fri, 15 Feb 2008 11:13:49 PST

Michael Ralph Gardina is a Bakersfield attorney. The following information was obtained from the California Bar Association Web site. This entry will be updated when he responds to The Californian's candidate questionnaire and supplemental judicial questions. You are invited to post your comments and questions concerning this candidate. The candidate is invited to respond directly onto this blog. If he chooses not to, The Californian will attempt to obtain answers to your questions.

Undergraduate School: Glendale Community College, Glendale

Law School: (Entry reads: "See Registration Card")

Status: Active

Admitted to the California Bar: Dec. 22, 1976

Disciplinary record: None

CALIFORNIAN QUESTIONNAIRE

Name: Michael R. Gardina

Office sought: Judge of the Superior Court

Born: 1949 Burbank, Calif.

Spouse’s name: Robin

Number of children and ages: My son is 25 years old; my daughter is 22 years old.

Current occupation/employer:

    Michael R. Gardina, A Law Corporation

List employment history (past 20 years): I have remained in private practice and have been self employed as a professional law corporation for more than 25 years.

Professional licenses: I was admitted to the California State Bar on December 22, 1976 and I was admitted to the Washington, D. C. Bar on March 13, 1991

How long have you lived in the jurisdiction you seek election? I have practiced and have maintained my offices in Bakersfield from 1995 to the present. I have also served this community as a trial lawyer from 1978 to 1984.

Political offices you have held: None.

Political offices you have sought: (dates, locations, outcomes): None.

Board memberships/Community activities:     Currently the vice-president of the Criminal Defense Section, Kern County Bar for 2008; a member of the Indigent Defense Panel, Kern County Bar since its inception; a member of the Board of Directors of Criminal Defense Section, Kern County Bar in 2005; Kern County Bar Association; Criminal Defense Section of Kern County Bar; formerly a member of the Basque Club, Bakersfield and the Lyons Club, Bakersfield.

Education: California State University, Northridge; Glendale University School of Law; Valley University School of Law

Military: None.

Describe anything you have published, invented, discovered, painted, etc., and events or hobbies that would be interesting for a biographical story:     My hobbies include screenwriting and music. Awards in screenwriting include, First Place “National Screenwriting Competition” (New York) 2001; Second Place, “Fade In Magazine” 2002, a national competition (Los Angeles); and, in 2000 a third place (Washington). I was a club and studio musician in the late 1960’s & early 1970’s. Currently, I play from time to time in a rock group for local events.

State or Federal campaign ID number: Not applicable.

List all criminal convictions or pleas in this county and others
(Include year): None.

List all civil court judgments against you or any business you have had a financial interest in (partnership, sole proprietor, corporation) in this county and others (include year):      I have never been sued in Kern County.

SUPPLEMENTAL QUESTIONS

Why did you become a lawyer?     I have always had a deep respect for the law, and a natural interest in studying constitutional law. I felt that through the law I could best serve the community.

Have you been disciplined in any way by a Bar Association or successfully sued for malpractice? I have never been disciplined by any bar association. I had one claim in 1984 for alleged malpractice which was resolved without litigation.

Why do you want to become a judge? There is a need in our judicial system for an individual who has had practical experience in both complex civil and criminal litigation. I feel that my thirty (30) years of practical experience, my patience and my even temperament would serve this community well as a member of the bench.

What is the nature of your law practice? For the past thirty (30) years, as a private practitioner, I have had a wide range of experience in many areas of the law. I have an expertise in handling complex civil and criminal litigation. My private practice has served individuals, small business owners and corporations as both plaintiffs and defendants.

How often have you gone to trial? I am engaged in trial an average of six (6) months out of the year. Currently, I average about five or six jury trials per year. However, I have had several complex jury trials that alone have lasted from four to six months each. The balance of each year is spent in law and motion practice, investigation of claims, and advising clients.

How often have you tried a case before a jury? I have tried more than 75 jury trials, as well as, many court trials.

Are you qualified to argue a case before the Supreme Court? Yes, in both state court and federal court. In the federal court arena, I have been admitted to the following: Central District of California, December 23, 1976; Northern District of California, January 19, 1982; Eastern District of California, January 26, 1982;     Ninth District Court of Appeals, November 17, 1981

Have you served pro bono as an attorney for a client or organization? Yes. Throughout the years, I have advised low income families on various matters of law, including, civil, criminal, family law, and probate litigation.

Have you served as a judge pro tem, mediator, arbitrator or hearing officer? How often? On occasion, I have offered my services as a mediator / arbitrator.

What is your judicial philosophy? As a trial judge I would remain faithful to the law. I believe that all sides to the litigation deserve a fair trial and an equal opportunity to be heard. I am conservative when it comes to the interpretation and enforcement of the rights guaranteed by the United States and California constitutions. As a trial lawyer, I have been an advocate for client rights under the various constitutional provisions. As a private citizen, I am in favor of strong first and second amendment rights as guaranteed by the United States Constitution.

HOLLY NADINE MITCHELL - Westra Seat

Fri, 15 Feb 2008 11:03:15 PST

Holly Nadine Mitchell is a deputy Kern County district attorney. The following information was obtained from the California Bar Association Web site. This entry will be updated when she responds to The Californian's candidate questionnaire and supplemental judicial questions. You are invited to post your comments and questions concerning this candidate. The candidate is invited to respond directly onto this blog. If he chooses not to, The Californian will attempt to obtain answers to your questions.

Undergraduate School: California State University, Dominguez Hills

Law School: Howard University School of Law, Washington, D.C.

Status: Active

Admitted to the California Bar: Jan. 25, 1983

Disciplinary record: None

Californian Questionnaire

Name: Holly Mitchell

Other name(s) used: Holly Okafor

Office sought: Superior Court Judge

Web site address: www.HollyMitchellforjudge.com (under construction)

Date and place of birth: 1956 in Harbor City, CA

Spouse’s name: Ronnie Mitchell

Number of children and ages: 6 Total ( 3 of my own & 3 stepchildren)

Current occupation/employer: Deputy District Attorney in Kern County District Attorney’s Office

List employment history (past 20 years): Kern County District Attorney

Professional licenses: Member California State Bar

How long have you lived in the jurisdiction you seek election? Since 1983

Political offices you have held: None

Political offices you has sought: None

Board memberships/Community activities: Alpha Kappa Alpha Sorority, Inc.

Education: BA degree from Cal-Sate University Dominguez Hills in 1979 Double major: Political Science & African American Studies
J.D. Degree from Howard University School of Law in 1982

Military: None

Describe anything you have published, invented, discovered, painted, etc., and events or hobbies that would be interesting for a biographical story: I write original skits and short plays for various auxiliaries and groups at my church, St. John Missionary Baptist Church.

Campaign committee members:
Daphne Harley, Linda McKnight, Mike Yraceburn, Craig Smith, Wendy Avila, Ronnie Mitchell, Janet Crosby, Raquell Jones, Ben Lopez, Phyllis Nance, Edward Nance, Kathleen Kress, Tamie Triplett, Linda McKnight, Vernon McKnight

State or Federal campaign ID number: 1304553

List all criminal convictions or pleas in this county and others: None

List all civil court judgments against you or any business you have had a financial interest in (partnership, sole proprietor, corporation) in this county and others (include year):
After separating from my first husband in 1988 (20 years ago), a lawsuit was filed against me in 1989 by Higher Education Assistance Foundation for my Student Loan. At the beginning of my legal separation, my ex-husband did not accept financial responsibility for any of our marital debt. As a result, I feil behind in repayment of my student loan due to my overwhelming financial responsibility, as a single mother of two toddlers (18 months and 3 yeas of age),who was pregnant with a third child at the time of the separation. Nevertheless, the matter was resolved by way of Stipulated Judgment and repayment terms were reached.

SUPPLEMENTAL QUESTIONS

Why did you become a lawyer?
I always had a passion for the challenge of debate. As a child, I dreamed of becoming a trial attorney, arguing my case before a jury in the courtroom and helping other children. I have always enjoyed the art of written and verbal communication. I’ve learned to enjoy using words and evidence to persuade others in writing and public speaking. As a prosecutor, I’ve enjoyed having a role in upholding the law in our community, whether it be prosecuting the thief or drug dealer, establishing paternity and enforcing the child support laws, bringing an abducted child back to his parent or compelling a truant minor to go to school. I have found becoming a lawyer to be a very rewarding career choice.

Have you been disciplined in any way by a Bar Association or successfully sued for malpractice? No

Why do you want to become a judge? I consider it an honor to serve our community as a judicial officer. I have the work experience, background, knowledge, education, confidence and skills to be an effective, fair, honest and firm judge.

What is the nature of your law practice?
I am a public prosecutor for the County of Kern. Throughout my career, I have prosecuted various types of crimes.

How often have you gone to trial?
1983 – 1988: approx. 5-7 per year
1989-1999: 2
2000 – present: approx. 6-7

How often have you tried a case before a jury?
Throughout my legal career, I have periodically gone to trials. During the first five years of my career, I was assigned to the criminal division where jury and court trials were a normal part of my weekly job duties. After I changed assignments to the Child Support Division, I had fewer trials and more short hearings to establish paternity, child support, establish payment on arrearage, orders of exam and contempt of court actions.
My total career I have tried approximately 30-40 jury trials.

Are you qualified to argue a case before the Supreme Court?
Yes

Have you serve pro bono as an attorney for a client or
organization? No

Have you served as a judge pro tem, mediator, arbitrator or hearing officer? No

What is your judicial philosophy?

A judge, has a sworn duty to enforce the laws of the people of the State of California. A judge is entrusted with the responsibility to uphold the law. Whether the case is criminal, civil, family law or injunctive in nature, the citizens that come before the court are entitled to present their case to a fair and impartial judge. The decisions from the bench should be based upon the evidence presented in the courtroom. There is no place for bias or preconceived ideas. The duty of the judge is to honor the law. A judge honors the law by listening and hearing the evidence, interpreting and applying the law and making a ruling based upon the evidence presented in the courtroom. It is not the role of the court to engage in judicial activism. A Superior Court judge acts as a steward of the law for the People. As judge, it would be my public duty and the people’s expectation that I live up to that stewardship by applying the law in a fair, firm and efficient manner. This requires the ability to make difficult decisions with confidence and integrity. I am prepared and equipped with the qualities necessary to fulfill these duties.

LARRY ALLEN ERREA - Staley Seat

Fri, 15 Feb 2008 10:53:41 PST

Larry Allen Errea is a Kern County Superior Court commissioner. The following information was obtained from the California Bar Association Web site. This entry will be updated when he responds to The Californian's candidate questionnaire and supplemental judicial questions. You are invited to post your comments and questions concerning this candidate. The candidate is invited to respond directly onto this blog. If he chooses not to, The Californian will attempt to obtain answers to your questions.

Undergraduate School: California State University, Bakersfield

Law School: Whittier College School of Law, California

Status: Became inactive when he was appointed commissioner in 2007

Admitted to the California Bar: Dec. 22, 1976

Disciplinary record: None

CALIFORNIAN QUESTIONNAIRE

Name: Larry Errea

Office sought: Superior Court Judge, office 24

Born: 1945 in Bakersfield

Spouse’s name: Janet

Number of children and ages: Two, 37 & 32.

Current occupation/employer: Superior Court Commissioner/Kern County Superior Court.

List employment history (past 20 years): Current from 7-05-2006. Prior 25 years in private law practice in Bakersfield, CA.

Professional licenses: California State Bar. Currently inactive.

How long have you lived in the jurisdiction you seek election? Past 30 years. Fifty-three of total 62 years.

Political offices you have held: None.

Political offices you have sought: (dates, locations, outcomes): None

Board memberships/Community activities: Past board member and president of Volunteer Center of Kern County. Past board member and president of Kern County Basque Club. Past member of West Bakersfield Rotary, East Bakersfield Lions, Elks Lodge. Past board member of Coyote Club (fund raiser for local high school and college/university wrestling). Past member of Friends of Cal State Wrestling.

Education: Wayside Elementary School, Golden State Junior High School, South High School, Bakersfield College. BS degree from Cal State Bakersfield. JD degree from Whittier College, School of Law.

Military: Active duty in United States Navy, 1966 to 1968. Vietnam Veteran.

Describe anything you have published, invented, discovered, painted, etc., and events or hobbies that would be interesting for a biographical story: Published” “Basque Road Trip,” Nevada Magazine.

Campaign manager (if not yourself): Pending

Campaign committee members: Pending

State or Federal campaign ID number: Pending

Campaign consultant: None at this time.

List all criminal convictions or pleas in the county and others (include year): None.

List all civil court judgments against you or any business you have had a financial interest in (partnership, sole proprietor, corporation) in this county and others (include year): None.

SUPPLEMENTAL QUESTIONS

Why did you become a lawyer? An interest in the law and in our legal system.

Have you been disciplined in any way by a Bar Association or successfully sued for malpractice? No.

Why do you want to become a judge? I became a court commissioner because after thirty years of participating in our legal system as an advocate, I felt I had the experience and temperament to contribute to that system and my community as an effective and impartial judicial officer. Being a judge would allow me to hear a broader variety of cases.

What is the nature of your law practice? The emphasis was on business and real estate matters.

How often have you gone to trial? Approximately 200 to 300 times.

How often have you tried a case before a jury? In excess of 25 times.

Are you qualified to argue a case before the Supreme Court? I have never applied for admission to the Bar of the U.S. Supreme Court. I have argued before the U.S. Court of Appeals, Ninth Circuit.

Have you served pro bono as an attorney for a client or organization? Many times.

Have you served as a judge pro tem, mediator, arbitrator or hearing officer? How often? Judge pro tem for Bakersfield Municipal Court in approx. 1992. Hearing officer for Kern and Tulare Counties’ Employee Retirement Associations during the period from 1991 to 2006. Presided over approximately 75 to 100 hearings.

What is your judicial philosophy? Similar to that of the Kern County Superior Court. To insure that every person appearing before the court, for whatever reason, receives a fair and impartial trial/hearing.

OLAF ARTHUR LANDSGAARD - Staley Seat

Fri, 15 Feb 2008 10:45:01 PST

Olaf A. Landsgaard is a Rosamond attorney. The following information was obtained from the California Bar Association Web site. This entry will be updated when he responds to The Californian's candidate questionnaire and supplemental judicial questions. You are invited to post your comments and questions concerning this candidate. The candidate is invited to respond directly onto this blog. If he chooses not to, The Californian will attempt to obtain answers to your questions.

Undergraduate School: Lewis & Clark College, Portland, Ore.

Law School: University of Idaho College of Law, Moscow, Idaho

Sections: Criminal law; solo & small firm; real property law

Status: Active

Admitted to the California Bar: Dec. 11, 1986

Disciplinary record: None

CALIFORNIAN QUESTIONNAIRE

Name: Olaf Landsgaard

Other name(s) used: Ole Landsgaard, Olaf Arthur Landsgaard

Office sought: Judge

City of Residence: Rosamond

Web site address: http://www.olaflandsgaardforjudge.com also olaflandsgaard.com

Born: 1960 Lancaster, CA

Spouse’s name: n/a

Number of children and ages: n/a

Current occupation/employer: self

List employment history (past 20 years): Sole practioner – the past twenty years

Professional licenses: Attorney

How long have you lived in the jurisdiction you seek election? 35 years

Political offices you have held: Trustee, Southern Kern Unified School District

Political offices you have sought: (dates, locations, outcomes): School Board Trustee

Board memberships/Community activities:

Rosamond Rotary Club: Charter member (1998), President (twice) – 1999 and 2001, also secretary 2003-2005.
Antelope Valley School Boards Association:   Delegate from SKUSD, was the association’s auditor for 1 year and co-corresponding secretary for 1 year between 2002 and 2007.
Antelope Valley Bar Association:   Immediate Past president.
Kern County School Boards Association: Delegate from SKUSD four of five years between 2002 and 2007.
California School Boards Association: Delegate for District 12b, 2006-2007.
Rosamond Rotary Foundation: Started in 2002 – as a director. Remain on board today.
Rosamond Parks and Recreation: Association started in 1992 or 1994. Inactive today (Rosamond CSD added parks powers in 1998 or 1999). Was the secretary.
Rosamond Skypark Association: Homeowner association includes two commercial properties – one of them is my office location. Serving on the Board of Directors three of the last 5 years. I am a pilot.
Measure R Citizens Oversight Committee: Formed after 140 million dollar bond passed in 2004 for our community college, Antelope Valley College (AVC). Chairman of the Committee of eighteen since the committee was formed in May, 2005.
Rosamond Hills Corporation: Once called “Golden Hills” this is a non-profit corporation providing 77 housing units to Senior citizens in Rosamond. Director from 1988 to about 2001. Served as treasurer for a time. Still am on the regular membership list for same.
Lancaster BPOE (Elks): 1993-1994. Was on the youth committee.
Rosamond Chamber of Commerce: Member since 1988 or so. Served as a director for a couple of years. 6 years ago (or so) it became part of the Antelope Valley Chambers of Commerce. I am still a dues paying member.
Aircraft Owners and Pilots Association (AOPA) since about 1998.
Experimental Aircraft Association since about 1998.
National Rifle Association since about 1990
California Assembly of Pistol and Rifle Association (CAPRA): since about 2000
Civilian Military Support Group: since about 2002 to the present. Currently Honorary Commander of the 412th (Civilian Dave Bond – my counterpart).
High Sierra Cyclists: about 1998 to 2005 – member
Antelope Valley Republican Assembly: Member in the mid 1990s.
Southeast Kern Republican Assembly: Member in the mid 1990s. Also the President at one time.
Sandcreek Orators: Member since 1992 (Charter member). Have held all different offices.
This list is not exhaustive.

Education:

J.D. – University of Idaho, 1986
B.S. – Lewis-Clark State College, 1982
Rosamond High School graduate, 1978

Military: None

Describe anything you have published, invented, discovered, painted, etc., and events or hobbies that would be interesting for a biographical story: Last year put together three songs for a song competition – recorded with mandolin player (Major) Paul Kladitus and bass player, Matt Kapusta (“Zumas Trio”).

Campaign committee members: Cece Fisher, Fate Young, Cleon Young, Ted Landsgaard, Daniel Landsgaard, Eric Landsgaard, Chad Henry, Willie Brown

State or Federal campaign ID number:

Treasurer: Cece Fisher

Campaign consultant:   Andrew Mercy

List all criminal convictions or pleas in this county and others
(Include year): None.

List all civil court judgments against you or any business you have had a financial interest in (partnership, sole proprietor, corporation) in this county and others (include year): None

SUPPLEMENTAL QUESTIONS

Why did you become a lawyer? To join the profession responsible for crafting a U.S. Constitution that put into words what was in the hearts and minds of a society which understood freedom and the unique opportunity America had to sow the roots of freedom. To join a profession given the responsibility to preserve and defend that freedom. To join a profession that covers a wide area of ideas. To join a profession that requires independent thinking and encourages creativity.

Have you been disciplined in any way by a Bar Association or successfully sued for malpractice? No.

Why do you want to become a judge? To make a difference in your life.

What is the nature of your law practice?

General Practice:

Estate Planning: Draft Wills, Powers of Attorney’s, Trusts.

Civil law: The past ten years civil litigation has been primarily in the personal injury area – and I have tried 4 or 5 cases in front of a jury. Previously, I had been practicing real estate and unlawful detainer litigation which were usually judge trials.

Criminal law: When I first started out, I took a number of court appointments for misdemeanor cases as well as felony preliminary hearings. First jury trials were criminal assault trials and then, DUI trials. I practice DUI defense.

Juvenile law: A smattering of juvenile cases gave me enough background to help the Magistrate court at EAFB change the way they were hearing juvenile cases just three years ago.

Corporate and/or transactional law: I have helped a number of people create their own corporations, LLC’s, and partnerships.

Litigation: I am a trial lawyer. I am not well practiced in appellate law – save for a handful of cases.

Administrative: I have presented cases before the DMV administrative hearing officers – primarily license suspension hearings for those accused of driving under the influence, but also for elderly drivers. I just completed a hearing in front of the Office of Administrative Hearings.

House or staff counsel: When I first began to practice, I was the attorney for the local Rosamond Community Services District (approx. 1986 to 1990).

How often have you gone to trial? 200-300 times.

How often have you tried a case before a jury?
15 to 20 times.

Are you qualified to argue a case before the Supreme Court? I have not sought to be admitted to argue to the U.S. Supreme Court. However, I am qualified to do so should I seek admission.

Have you served pro bono as an attorney for a client or organization? Yes

Have you served as a judge pro tem, mediator, arbitrator or hearing officer? How often? Yes. Pro tem- twice. Mediator 50-100 times. Arbitrator: 5-10 times. Hearing officer – none.

What is your judicial philosophy? “What is my role as a judge in this case?” [not my original words – but they work].

PERFECT GIFTS FOR POLITICIANS

Sun, 02 Dec 2007 13:32:30 PST

As we draw up our shopping lists for holiday gift giving, there are always those tough-to-buy-for friends and relatives. The same can be said for our elected and appointed community (government) leaders. They have given us sooooo much all year long, now it's time for us to return the favor. Help with your suggestions for the "perfect gifts" for folks like Mayor Harvey Hall, City Manager Alan Tandy, the various Bakersfield City Council members, Kern County supervisors, school board members, you name them. No, you don't have to be serious. Yes, you can be sarcastic. Some of your "perfect gifts" will find their way into an Opinion section feature we hope will be a kick in the pants -- or butt.

Ask presidential candidates questions

Fri, 30 Nov 2007 17:04:21 PST

Immigration. Abortion. Extramarital affairs. Will these really be the top issues on voters’ minds when they go to the polls next year to select Republican and Democratic candidates for president?

The spinmeisters and strategists would like us to believe these “hot button” issues really matter. That allows them to craft their campaigns to sell their candidates like bars of soap. Slick!

But The Californian is asking bloggers to help identify the really important issues, which will be published with the candidates’ positions.

As the Feb. 5 presidential primary nears, bloggers are invited to post their questions” for Republican and Democratic candidates on the FIRED UP! blog. Identify the issues that really matter to you. The Californian’s staff will research candidates’ positions. These questions and answers will be presented in upcoming editions of The Californian.

One man’s "easy assembly" is another man's torture

Mon, 17 Sep 2007 14:43:09 PDT

By ROBERT PRICE, Associate Editor ---

Easy assembly. Says so right on the side of the box.

I can do easy assembly. Easy assembly means you snap six pegs into six holes, maybe tighten a couple of screws. Then you stick a little paper umbrella into your icy, refreshing beverage, dangle your feet in the swimming pool, lean back and admire your handiwork. Your job is done.

I opened the box containing my bistro table-slash-propane patio heater, purchased that afternoon from a home improvement store that I really should own stock in, and pulled out the instruction manual. Bad sign right off the bat.

Instructions for something requiring “easy assembly” should be a single sheet, not a 16-page booklet. “Easy assembly” instructions should start out with the admonition: If you need to bother with these instructions, you are lacking in either testosterone, common sense or basic American ingenuity.

The list of instructions started out with unpacking directions. This worried me. If it’s complicated coming out of the box, it’s got to be complicated in the going-together phase. I went straight to the back page of the assembly manual to see if my new acquisition had been fabricated in China. It’s not that I fear Chinese products, per se. It’s more that I fear Chinese-translated-to-English assembly instructions.

Whew. Manufactured in Bowling Green, Ky.

OK, let’s see ... Estimated assembly time: 55 minutes. What?

OK, now I had an issue. A very big issue. Fifty-five minutes is not “easy assembly.”
Fifty-five minutes is approaching Weekend Project status, and I need 48 hours, minimum, to properly psych myself into a Weekend Project. I might have attempted to shove everything back into the box, but everything was on the floor now, in orderly stacks, and the directions did not include a section called “repacking instructions.” I was stuck.

The wife tried to be reassuring. We can do this together, she said. I’ll read the instructions, you work the #2 Phillips screwdriver.

An offer of help. Yet another ominous sign. Foolishly, I accepted.

At the one-hour mark: “Did I say you were supposed to screw down the support pillars before you attached the lower table panel? Sorry, it was supposed to be the other way around.”

Ah, so that’s why it doesn’t fit. Well, give me a minute, then, to just remove these 48 screws.

At the two-hour mark: “Did I say the burner support plate goes on top of the emitter bracket? Actually, it goes underneath.”

Well, of course. Hold on for a second while I grab this decorative grate and gouge my eyes out.

After three hours and forty-five minutes, sprawled on the ground in a pool of sweat and tears, I screwed in what I believed to be the final screw. My thumb was numb, and my lower back felt like I’d just spent the afternoon in the trunk of a Mini Cooper.

Did the finished product look anything like the picture on the box? Yes, thank God, it did.

If I had the energy, I might work up a little righteous indignation. While our state and federal legislators piddle away their time wrestling with immigration reform and troop draw-downs, manufacturers continue to perpetrate the hoax of “easy assembly” on innocent consumers like you and me.

A worker who has been assembling this particular bistro table-slash-propane patio heater every day for the past six months could undoubtedly put one together in under 55 minutes.

Normal people will need two hours. Normal people who have spouses assisting them may need four.

There ought to be a law. Let’s get it on the books before somebody really hurts himself. Now, can someone please show me how to turn this thing on? It’s hard to read sweat-mottled operating instructions when your neck won’t turn.

Contact Robert Price at 395-7399 or rprice@bakersfield.com.

Thomas spanks squabbling road planners

Fri, 07 Sep 2007 15:47:17 PDT

By Robert Price, Associate Editorial Page Editor -

One participant called it a “come to Jesus” meeting. Another referred to it as an “ass-chewing.” Virtually everyone agreed that the temperature in the room went up several degrees when Bill Thomas, the retired 14-term congressman from Bakersfield, paid a recent visit to his old district to check on the progress of his millions.

Well, not his millions. Ours. The bundle Thomas secured for Kern County from the 2006 federal transportation bill: a windfall of $726 million, give or take, that is ours to spend on long-overdue freeways and other assorted asphalt amenities. All we have to do is come up with a few million in local matching funds and reach some consensus on where and how to spend it all before it evaporates.

In other words, cooperate. That part hadn’t been going so well.

The various parties with stakes in the proceedings — the County of Kern, the City of Bakersfield, CalTrans, the Kern Council of Governments and others — were, by some accounts, making precious little progress in route-planning.

Things reached the critical stage Aug. 20 when the three city representatives on the Joint City/County Transportation Task Force staged a coup of sorts, electing one of their own — Councilman Zack Scrivner — as permanent chairman (rejecting county representatives’ call for a rotating city/county chair arrangement) and then moving to place a higher priority on city road improvements than on regional needs. County committee representatives Ray Watson and Mike Maggard bit their lips and went with the flow.

Congressman Kevin McCarthy did not. McCarthy, Thomas’ successor in the 22nd Congressional district, told The Californian’s editorial board the following day that the two competing jurisdictions would need to develop “greater synergy” if the southern valley is to get the most out of the Thomas millions. Thomas might have to get involved personally, he warned.

I trembled when I heard those words, and I’m not even on dad’s — er, Thomas’ — “spank list.” At least I don’t think I am.

McCarthy and Thomas convened a three-hour meeting of the principal parties Aug. 30 in McCarthy’s office and Thomas, by several accounts, carried on animatedly for the first two. That may be putting it mildly. “He ranted and raved for two hours,” one participant said. “Basically (he asked), ‘What the hell is going on?’” The gist of his message: Stop the squabbling, find common ground and get moving.

Bakersfield City Manager Alan Tandy bore the brunt of Thomas’ tirade, some said.
Tandy agreed that Thomas was Thomas, pointing out that the retired congressman — once overwhelmingly voted “hottest temper” in the House of Representatives — was never one to tiptoe. Would you characterize him as fiery, Mr. Tandy?

“Are you referring to the last 26, 27 years (in office)?” Tandy joked. “Let’s say he was ‘involved.’”

Afterward, McCarthy, who played good cop to Thomas’ bad cop, was more interested in talking about the results than the gathering itself.

“What happens in the room stays in the room,” said McCarthy, expressing a sentiment that probably explains why attendees were willing only to speak off the record in characterizing the tenor of the meeting. “None of that discussion is healthy. What I look at is the final end result, and the final end result is that we’re moving forward.”

A followup meeting Wednesday among just staff folk was said to have been highly productive. People seem to have gotten the message from Thomas (who did not return a call seeking comment).

“It was wild to get that much distance (covered) in one meeting,” Craig Pope, director of the county’s roads department, said of the Thomas-led sit-down. “Bill Thomas was able to get us to the same page. He was incredibly powerful. … I’m fired up and I’m sure others are fired up.”

He expects to see real progress when the Bakersfield City Council and county Board of Supervisors hold their joint meeting later this month. Others have the same expectations.

“I’m very optimistic,” said Ahron Hakimi, a CalTrans engineer who’s assigned to the Thomas Roads Improvement Program task force. “The parties involved are heading in the right direction.”

“It’s all good,” agreed David Price, who heads the county’s Resource Management Agency.

But what happens if it starts going bad again?

“I’m going to continue to come back (from Washington) and have these facilitation meetings,” McCarthy said. “Why not stay on top of it?”

And beware. He might bring dad along too.

Contact Robert Price at 395-7399 or rprice@bakersfield.com.

A deadly hand that left no fingerprints

Fri, 07 Sep 2007 15:42:52 PDT

By Dianne Hardisty, Editorial Page Editor -

Death lurked in the Capitol’s shadows, waiting to strike when no one was looking.

Fingerprints were wiped clean from the weapon so no one could be blamed.

Senate Bill 76, a straightforward law authored by Sen. Dean Florez, D-Shafter, is dead.

Californians who expect their elected officials to serve honorably and their government to be “transparent” are wounded.

Senate Bill 76 was born in the wake of Bakersfield City Councilman Ken Weir’s refusal to reveal — as required by state law — his income sources. A certified public accountant, Weir was elected to the City Council last fall after serving on the Bakersfield City School Board for 14 years.

Like all elected government officials, school board members are required to disclose sources of income and investments to prevent conflicts of interest. Weir revealed little on his City Council and school district forms.

It was only after he moved to the City Council and participated in a closed-door session involving a business client that attention focused on Weir’s failure to comply with state disclosure laws. Weir eventually was ordered by the Fair Political Practices Commission to reveal the information.

Weir’s behavior as a school trustee prompted The Californian to survey members of several other area school boards, learning that many also were ignoring state disclosure laws. In stepped Florez with a compliance plan.

Attempting to clean up government corruption, Assembly Bill 1234 was signed into law in 2005. It limits politicians’ spending, including on travel, and requires elected members of city, county and special district boards to complete a two-hour ethics course every two years. The course reviews the laws, including financial disclosure laws, government officials must obey.

School board members were omitted from AB 1234’s list of government officials required to complete this course. It is unclear if the omission was an oversight, or intentional. Some believe the powerful California School Boards Association flexed its muscle. The association denies that.

News stories regarding Weir and The Californian’s survey of slip-sliding school board members prompted Florez to introduce SB 76, which requires school board members undergo similar training. Although Florez’s SB 76 overwhelmingly cleared the Senate with bipartisan support, it was derailed recently in the Assembly.

The Legislative Counsel classified the bill as “non-fiscal” because it imposed insignificant costs. In fact, the more far-reaching AB 1234 also was labeled “non-fiscal” when it passed the Senate and Assembly in 2005.

But simply changing the law to add school board members provoked the Assembly Appropriation Committee to intervene and kill the bill for “fiscal reasons.” Florez suspects it was again the work of the California School Boards Association. Legislative advocate Debra Brown said the CSBA did not oppose the bill and only answered the committee’s questions.

The Assembly Appropriations Committee’s analyst who was instrumental in delivering the fatal blow acknowledged conferring with association representatives, but only after the bill was referred to her. She insists cost concerns, not politics led to its demise.
What costs, I asked, noting the “ethics training” is available free over the Internet.

School districts would have to pay to notify their board members and that costs money, she responded.

That can’t cost much since district administrators routinely and frequently talk to their board members.

Schools are very aggressive about seeking reimbursement from the state for mandated costs, she insisted, and then remembered she wasn’t supposed to be talking to the press. End of conversation. Separately, the California School Boards Association advocate acknowledged costs would be insignificant.

Here’s what happened, according to Florez: “My bill was banished to the Assembly Appropriations Committee because of political reasons. School boards don’t want to be held accountable for their ethical lapses. It’s better to hide behind ‘not knowing’ the law than being transparent about knowing your responsibilities.

“The message in SB 76 was simple: All elected school district board members should be held to the same standard as other elected officials and undergo ethics training. No one should be held to a different or lesser standard just because their role is to administer the educational well-being of our children and teachers in California’s public schools and community colleges.”

Dianne Hardisty is The Californian’s editorial page editor. E-mail dhardisty@bakersfield.com.

A new/old form of mass transit -- hoofing it

Fri, 31 Aug 2007 16:26:57 PDT

By ROBERT PRICE
Associate Editorial Page Editor

Twenty-minute hikes are no big deal to Lydia Bishop. She goes hiking and biking in the Cascades of west-central Washington every chance she gets. But she undertakes those recreational exertions voluntarily, not because she’s marooned.

Bishop, a self-described “rugged mountaineer,” nonetheless managed to maintain her good humor when she found herself momentarily stranded at the new William M. Thomas Air Terminal at Meadows Field last Tuesday.

She’d come to town to visit her eightysomething mother and stepfather, as she often does. This time she decided to fly into Fresno, rent a car and drive to Bakersfield. She’d turn in the car at the airport’s rental counter, hop on a Golden Empire Transit bus and walk to mom’s house from the GET bus stop.

Bad idea. Bakersfield’s exquisite new terminal has more flights than ever, a lobby that could pass for an art museum and its very own Blimpie’s diner. But no buses — at least according to the woman at the car-rental counter and the receptionist in the administrative office upstairs. Bishop could catch a bus by hoofing it over to the old, semi-deserted terminal a mile away, she was told. Commercial flights use the old terminal only on weekends but, uh, the bus stops there daily anyway.

Bishop, a CSUB grad, retains a high “melt point” from her 15 years in Kern County, so the walk was no big deal. She was wearing a big, wide-brimmed hat, a thick coat of sunscreen and, she noted, “it wasn’t too beastly hot.” She waited alone at the old terminal for 20 minutes — dousing herself in a sprinkler at one point to cool off — and everything worked out.

Bishop contacted GET the next day. Why, she wanted to know, does a city the size of Bakersfield not have bus service to and from its dazzling new air terminal? That’s “a reasonable and logical expectation for your visitors to hold,” she correctly pointed out.
Ah, but the air terminal does have bus service, she was told. Call 24 hours in advance (869-6363) and GET will send over a shuttle that’ll take you to the central bus terminal.

That’s very nice of GET, but it doesn’t do much good if not enough people know about it or plan that far ahead. “They need to tell the people who work at the airport,” Bishop said. “They need to put up signs, too. Lots of signs.”

The bigger issue is the importance of public transportation and the value of intermodal terminals, where travelers can easily move from train to plane to automobile — or bus, as the case may be — without having to drag a suitcase down a mile of road.

It all comes down to money and efficiency, of course. GET is loathe to operate routes that don’t have riders. The agency might have been able to put up with low ridership numbers while it developed that and other routes, had it received the promised infusion of operating funds from the proposed half-cent sales tax last fall. But we all know how that turned out.

Yet other Bakersfield-sized Central Valley cities have made it work. Fresno’s FAX bus line has two routes stopping at Fresno-Yosemite International Airport every half-hour on weekdays and hourly on weekends. Stockton’s San Joaquin Regional Transit has buses stopping at Stockton’s main airport 11 times every weekday and five times on weekends. Even the Modesto Area Express stops at that area’s airport four times daily despite limited ridership.

The GET folks know all about “limited ridership.” They were taking just three people out to the Thomas terminal on a regular basis before suspending that service after just six months. And people aren’t exactly beating down the door to get the route restored. “Not one single person has asked about it,” GET spokeswoman Gina Hayden said.

Still, GET can do more now. Posting the availability of the on-call shuttle — and making sure airport-area employees know about it — is the first place to start. GET might also explore the possibility of using smaller vans to regularly shuttle travelers from the new terminal to the old terminal until the agency can justify a full-sized bus.

The bigger issue, of course, is the overall lack of interest in public transportation in Bakersfield. In Bishop’s city, buses are popular because they’re convenient and frequent. The opposite is true here, largely because home builders indulge (and probably foster) an appetite for big homes, big lots and maze-like developments, none of which are conducive to public transportation.

All of which suggests Bishop might want to make other plans next time she comes to visit mom. Good thing she enjoys a good, hearty hike.

Contact Robert Price at 395-7399 or rprice@bakersfield.com.

‘Golly, we’re sorry' just isn't cutting it anymore

Fri, 31 Aug 2007 16:24:00 PDT

By DIANNE HARDISTY
Editorial Page Editor

-

Breakfast. My husband was crunching his Cheerios, hogging The Californian. I was flipping through another newspaper, washing down Special K with black coffee, when I spotted the story.

So, Jack, did you get some ballot information from CalPers?

He recalled he had — a mailer in advance of a California Public Employees Retirement System board election.

Do you still have it? Go get it. I want to show you something.

Now? I’m reading. I’m eating.

Yes, I think you will want to see this.

He lumbered off to rummage through a desk in our home office, returning shortly with the mailer sent to about 500,000 retired government workers.

See anything you recognize above the mailing address?

He did. He wasn’t happy. He responded: “Those jerks.”

There for every mail handler and criminal dumpster diver to see was Jack’s Social Security number — a vital piece of everyone’s “financial identity,” a piece law enforcement agencies and banks tell us we must guard. Thieves armed with our Social Security number can rack up bills and clean out our bank accounts.

CalPers plastered retired California government employees’ Social Security numbers across the outside of mailers last week. It was yet another stunning example of bone-headed stupidity, or sheer indifference.

The reason doesn’t matter. We have seen reports of government agency laptop computers containing citizen’s Social Security numbers and other critical information going missing. There have been numerous breaches of security at the Veterans Administration, putting active and retired military personnel and their families at risk.

University computers have been entered, targeting students, alumni and faculty. Major department stores have jeopardized customers. And even financial institutions — the very ones who warn us to guard our Social Security numbers — have reported security lapses.

A television commercial shows a scruffy thief pawing through a trash can. We are warned to be vigilant. Shred sensitive documents before discarding them. Heck, why should a thief bother to get his fingers dirty in my trash can when government agencies and businesses are just handing out the information?

CalPers sent out a postcard apology to its members this week. Big deal! The postcard also contained “fraud alert” steps we can take if we “have any concerns.”

CalPers spokesman Brad Pacheco explained a CalPers data file was given to a vendor who mailed out the election information. A computer accidentally lifted Social Security numbers from the data and added the numbers to the mailing labels.

So, Brad, did anyone get punished for this screw up?

“We’re taking an ‘enterprise strategic view,’” he responded.

Brad, I have no idea what you just said.

With that, Brad launched into a more convoluted explanation. The bottom line: No one is being punished because so many are to blame. Security will be tightened, he promised, adding that security training has been ordered for the entire staff.

I am sure you would get the same gobblygook explanation from the VA or other agencies after they have jeopardized clients or customers. But this stuff keeps happening. What’s a person to do?

With 8 million identity theft cases reported a year at a cost of $5 billion to those victimized, one of the fastest growing segments of the insurance industry is identity theft coverage. Oddly some of the very agencies or corporations offering coverage have had their own security breaches.

But while the coverage is relatively inexpensive, many financial experts contend it is a waste — policies are redundant and cover only limited costs.

But since we have less and less control over the security of our financial information, properly crafted identity theft insurance would be a prudent protection.

And like companies offering automobile insurance, identity theft insurance carriers likely would demand increased security steps be taken. The automobile insurance industry constantly lobbies for vehicles and highway travel to be safer. Wouldn’t it be nice if identity theft insurers pressured for increased security measures?

If identity theft insurance today is a consumer rip-off, California’s elected insurance commissioner should clean up the industry’s act.

“Golly, we’re sorry,” just isn’t cutting it anymore.

To respond to Editorial Page Editor Dianne Hardisty, e-mail dhardisty@bakersfield.com.