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Eight candidates vie for two judge seats
Saturday, May 10, 2008; Posted: 03:08 PM
May 10, 2008 (The Bakersfield Californian - McClatchy-Tribune Information Services via COMTEX) -- -- Voters in Kern County have a rare opportunity June 3 to elect two new judges to Kern County Superior Court

Most judges are appointed by the governor, not voters, but the pending retirement of judges H.A. "Skip" Staley and Clarence Westra has inspired eight judicial candidates to compete for the two open seats-and that means local voters have the power to choose some of those who wear the black robes next year.

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Kern County Elections Chief Sandy Brockman said she's never seen this many local attorneys throw their hats into this nonpartisan ring before.

Six of the candidates are vying for the position held for the past quarter-century by Judge Westra. If a single candidate in that race does not obtain a majority vote, the two top vote-getters will face each other in the November election.

The two remaining candidates are competing for the seat held since 1982 by Judge Staley.

The six attorneys running for Westra's seat are Charles "Chip" Brehmer; Holly Mitchell; Matt Brady, Michael Gardina; Frank Butkiewicz; and Tony Heider.

Larry Errea and Olaf Landsgaard round out the ballot for the remaining judgeship.

CHIP BREHMER

Charles R. "Chip" Brehmer is a private attorney who has been practicing law in Kern County since 1993. He 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 experience as a temporary Kern County Superior Court judge and judicial arbitrator.

The Kern Law Enforcement Association has endorsed Brehmer.

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.

HOLLY MITCHELL

Holly N. Mitchell has been a deputy district attorney in Kern County for some two decades. A 1982 graduate of Howard University School of Law, Mitchell's experience with the District Attorney's office has included criminal prosecution as well as work as a supervisor with the office's child support division and truancy program.

What is your judicial philosophy?

"There is no place for bias or preconceived ideas. The duty of the judge is to honor the law ...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."

TONY HEIDER

Tony K. Heider has practiced law in both the public and private sectors for more than 33 years, with the bulk of his career spent at the Kern County Public Defender's office. A 1973 graduate of the University of San Francisco School of Law, Heider has tried hundreds of criminal cases, from misdemeanors to capital cases. In his current role as chief assistant public defender, Heider says he has gained years of supervisory and administrative experience.

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."

MICHAEL GARDINA

Michael R. Gardina has remained self-employed in private practice for more than 25 years. After attending Glendale University and Valley University schools of law, Gardina began a career that has included experience in more than 75 jury trials and other court trials.

Gardina's name has been in the news in recent months. Following his work as co-defense attorney in the high-profile murder trial of Vincent Brothers last year, an inquiry was initiated by Judge Michael Bush in which Gardina and his co-counsel, Anthony Bryan, were ordered to show why they shouldn't be held in contempt of court for alleged actions during the trial.

No criminal charges have ever been filed in the case, and no official resolution has yet been reached, though tentative rulings by a second judge appear to be falling in Gardina's favor. Gardina has declined to comment on the dispute until a legal resolution is reached.

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."

FRANK BUTKIEWICZ

Frank Butkiewicz has a private practice in Bakersfield with decades of experience in civil and criminal law. A 1979 graduate of California Western School of Law, Butkiewicz has handled more than 2,000 cases, including more than 100 jury trials, and has been certified as a specialist in criminal law by the State Bar of California.

Butkiewicz has served as a temporary judge in Bakersfield and Lake Isabella and has completed a training course for temporary judges.

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'Connor: 'a good judge applies the law as it is, not as she (or he) wants it to be.'"

MATT BRADY

Matt Brady is a Kern County native and a 1988 graduate of the University of the Pacific, McGeorge School of Law. Currently employed as vice president & general counsel for ABA Energy Corp., Brady's primary focus has been civil law and litigation. He has served as lead counsel on four jury trials.

Brady was active for a number of years with the Kern County Republican Central Committee. In 2002, the state's Fair Political Practices Commission fined the committee and its treasurer, Brady, $10,000, the maximum allowed, for violating state campaign finance laws.

In explaining the maneuver to The Californian's editorial board last month, Brady said he and other local Republicans mistakenly relied on outside advice rather than seeking an commission opinion.

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."

LARRY ERREA

Larry Errea worked 25 years in private practice before becoming a Court Commissioner in Kern County Superior Court last year. A graduate of Whittier College, School of Law, this Kern County native also has experience serving as a temporary judge and a hearing officer for Kern and Tulare counties' employee retirement associations.

He has handled cases before a jury on more than 25 occasions.

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."

OLAF LANDSGAARD

Olaf A. Landsgaard is a Rosamond resident and a 1986 graduate of the University of Idaho. As a sole practitioner for more than 20 years, Landsgaard has worked in criminal, civil, estate planning, personal injury, real estate law and other areas of the law. He estimates he has tried 15 to 20 cases before a jury.

Landsgaard completed a mediation certification program at Pepperdine University School of Law in 2002. He has served as a temporary judge.

Why did you become a lawyer?

"Since the fourth grade I have admired Thomas Jefferson. He was a lawyer --drafted the United States Constitution. He believed in the growth of America. He invented. He thought. He wrote. He sought to become a lawyer and accomplished much."

To see more of The Bakersfield Californian, or to subscribe to the newspaper, go to http://www.bakersfield.com. Copyright (c) 2008, The Bakersfield Californian Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

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