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

Royalty in Bakersfield? Who wudda thunk?

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

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

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

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?

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

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

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

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

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.

TONY KARL HEIDER - Westra Seat

Tony Karl Heider is chief deputy Kern County public defender. 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: San Francisco State University

Law School: University of San Francisco School of Law

Status: Active

Admitted to the California Bar: Dec. 19, 1973

Disciplinary record: None

CALIFORNIAN QUESTIONNAIRE

Name: Tony K. Heider

Other name(s) used: Antonio Karl Heider

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

Born: 1948 in San Francisco, CA

Spouse’s name: Kathleen Kavern Heider

Number of children and ages: Two sons, ages 20 and 18.

Current occupation/employer:
Kern County Public Defender’s Office

List employment history (past 20 years):
1974-1986: Kern County Public Defender’s Office
1986-1987: Law Offices of Fred S. McAtee
1987-1988: Goldberg, Fisher, and Quirk
1988-Present: Kern County Public Defender’s Office

Professional licenses: The State Bar of California since 1973.

How long have you lived in the jurisdiction you seek election? Approximately 34 years.

Political offices you have held: None.

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

Board memberships/Community activities: Currently, I am Secretary-Treasurer of the Kern County Bar Association, and I have been on its Board of Directors since 2002. I chaired several Bridging the Gap programs helping new admittees to the State Bar of California ease into practice in Kern County.

For many years, I have served as a judge in the Kern County Mock Trial and We the People competitions.

I have been a speaker representing the Kern County Public Defender’s Office at several Leadership Bakersfield programs.

I am presently on the state-wide Board of Directors of VIP Mentors, Incorporated.

I sit as Vice-President of the local Domestic Violence Advisory Council.

I am a member of the California Public Defenders Association.

I serve as a Eurcharistic Minister and a Reader at St. Philip the Apostle Church.

Education: University of San Francisco School of Law, J.D. 1973
San Francisco State College, B.A. in Political Science, 1970.

Military: None.

Describe anything you have published, invented, discovered, painted, etc., and events or hobbies that would be interesting for a biographical story: I love cars. When I was growing up, I spent my allowance on plastic model car kits and collected over 150 of them, most of which I still have. As for real automobiles, I am having my late parents’ 1964 Jaguar Mark II 3.8 Sedan restored to the way it looked when they took delivery of it on October 22, 1963.

Campaign committee members: David L. Kelly, Treasurer

State or Federal campaign ID number: 80-015-2403

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 want to become a lawyer?

I cannot remember a time when becoming a lawyer was not my goal. The seeds were planted by my parents and nurtured by the Perry Mason television series which first aired in 1957. When I was 11 or 12, I read books written by Melvin Belli, Vincent Hallinan, and Jake Erlich, all renowned San Francisco attorneys. Like the fictional Perry Mason, these lawyers achieved success for their clients even against great odds. The prospect of fighting for the underdog appealed to me.

I credit my high school teachers with solidifying this goal and for giving me the basic tools to achieve it. They, along with my parents, taught me the importance of public service, echoing much of what President John F. Kennedy talked about in his inaugural speech on January 20, 1961. For me, it was by becoming a lawyer that I could best make a positive contribution to 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?

I would like to put my 34 years of courtroom, administrative, and life experiences to work for the people of Kern County by serving as a judge of the Superior Court. As a judge, I would be able to play an integral part in ensuring equal, courteous, and fair treatment for all who appear in court.

What is the nature of your law practice? Criminal Law and office administration.

How often have you gone to trial? Hundreds of trials, from misdemeanors to capital murder cases.

How often have you tried a case before a jury? Hundreds of times.

Are you qualified to argue a case before the Supreme Court?
I was sworn in to practice before the Supreme Court of California but have never had the occasion to do so.

Have you served pro bono as an attorney for a client or organization? When in private practice, I was part of the Lawyer Referral Service, now defunct.

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

What is your judicial philosophy?

If elected to the bench, I would strive to serve the people of Kern County with integrity and to work for the cause of justice. I would never lose sight of the fact that everyone is entitled to equal access to our courts and fair treatment before the law. No matter what their role in the judicial system, all parties before the court must be treated with respect and courtesy. I do not have a political agenda espousing a particular philosophy. Rather, I would render justice for all through well-reasoned decisions based upon the law.