Yesterday there were a few MSM articles generated because the State Bar’s "Jennie" Commision gave an unfavorable rating to one of Governor Schwarzenegger’s new judicial appointments, conservative Republican Elia Pirozzi. In response to this rating by the bar, the FR reached out to Steve Baric, the President of the California Republican Lawyers Association for some commentary. As with all attorneys, brevity is not Steve’s longsuit. But he pens a compelling post below…
On its website, the California State Bar states that the mission of the Commission on Judicial Nominees Evaluation (JNE) of the State Bar of California is to assist the Governor in the judicial selection process and thereby to promote a California judiciary of quality and integrity by providing independent, comprehensive, accurate, and fair evaluations of candidates for judicial appointment and nomination. A noble mission. However, in practice the above is ignored if you are a Conservative Republican candidate for the bench. In the case of a conservative candidate, it appears that the mission is to denigrate and paint the nominee as either unqualified or outside of the mainstream of accepted American legal thought.
It is well understood in legal circles that the Bar and the profession in California is biased against Republicans and Conservatives. Young lawyers applying for work are told to exclude from their resumes membership in Republican organizations. Also, candidates for the bench are counseled not to mention in their applications to the JNE commission that they are members of the Federalist society, a conservative legal society. Republicans in the legal profession deal with liberal bias constantly.
Therefore, it came as no surprise when the JNE commission issued a “not qualified” rating for San Bernadino Judge Elia Pirozzi. Judge Pirozzi has been active in Republican politics for several years in the Inland Empire. Furthermore, he has opposed a number of Democrats including Congressman Joe Baca in local elections. He has been a vociferous advocate for the Republican cause in San Bernadino. Thus, it is easy to understand why liberal interest groups dislike Judge Pirozzi.
From a legal standpoint, there is no reason to oppose Judge Pirozzi. During the same time he was involved in local politics, he continued to practice law. He has practiced in the Inland Empire for about twenty years. During the past year, Judge Pirozzi has served as a Judge Pro Tem, a position that he was selected for by his peers in the legal community, Democrat and Republican. Several of his peers in the local legal community have commented on just how qualified Judge Pirozzi is for the position, including retired San Bernadino Superior Court Judge Peter Norell. However, these expressions of support did not deter the JNE commission from rating him “not qualified.”
Unfortunately, the above scenario is par for the course and oft repeated. Examples of Conservative Candidates for the bench being lauded by local bar colleagues only to be attacked by mysterious liberal Bar organizations are numerous. Justice Janice Rogers Brown is but one example. She was rated “not qualified” by this same commission. Now, this rating appears laughable based on the distinguished career she has had on both the California Supreme Court and the D.C. Circuit Court of Appeal.
Although unfortunate, it is not uncommon for the JNE commission to be used for political purposes by liberals. Governor Schwarzenegger has appointed an honorable man to the bench. The Governor and his Judicial Appointments Secretary, Sharon Majors-Lewis should be commended for this selection. As for the JNE commission’s rating, it should either be ignored or seen for what it is – a political hit piece.