Bird Backers Try to Stifle Debate--Deukmejian

SANTA CRUZ — In a thinly veiled attack on California Chief Justice Rose Elizabeth Bird, Gov. George Deukmejian charged Thursday that some of her supporters are trying to squelch public discussion of her performance by suggesting that it is wrong for judges to have to stand for election.

“I’m concerned because I see an attempt to stifle debate on some of the most important legal and philosophical questions facing society,” Deukmejian told the California District Attorney Assn. in a speech that focused on Bird’s upcoming election but did not mention the chief justice by name. “There are those who contend that it is improper for people to exercise their constitutional rights to express their views in the voting booth.”

Later, Deukmejian repeatedly refused to identify the targets of his criticism, saying only that they are “spokespersons” for some members of the court.

“I guess if the shoe fits, then they’ll wear it,” he said during a helicopter tour of the fire-ravaged Los Gatos area.

6 Justices on ’86 Ballot

Bird and five other justices face confirmation by the voters in the 1986 general election. Bird and Justices Cruz Reynoso and Joseph R. Grodin have been targeted by conservatives who would like to give Deukmejian the chance to fill their seats on the court.

In his address to the district attorneys’ group, which is already on record opposing the three justices, Deukmejian spelled out a campaign theme designed to counter Bird’s campaign.

“The public should have every right to review the work of its courts, just as it has the right to review the work of the governor and the Legislature,” said Deukmejian, a longtime foe of the chief justice.

Election of judges is a tradition in California dating from 1934, he noted.

‘What They Think Is Right’

Concern that the election would politicize the court is unfounded, he said, because judges “worthy of their office” would not let their campaigns influence their decisions.

“The independence of worthy, capable and committed judges is not being impaired in any way by these elections,” he said. “They should do what they think is right and fair and then accept the judgment of the people.”

During his tour of devastation caused by the arson-set fire in the hills above Los Gatos, Deukmejian elaborated on his latest assault on the Bird court:

“My point is that while these same spokespersons will talk about maintaining constitutional rights for individuals, they would deny the constitutional right the people have under our state Constitution to be able to express their views with respect to the judiciary.”

One of His Targets

While Deukmejian would not identify the “spokespersons” he was criticizing, his own spokesman, Kevin Brett, said after the speech that one of the governor’s targets was Ralph J. Gampell, administrative director of the California courts.

Contacted in his San Francisco office, Gampell responded, “I don’t know what Mr. Brett is talking about and I suggest he doesn’t either.”

Some judges, Deukmejian suggested in his speech, might fare better if they were removed from office.

“If they are capable judges and they don’t happen to be reelected, they know they can earn more money in a large law firm,” he said. “Therefore, they should have little to fear if they conduct their office in a fair and impartial manner.”