Judge Denies Bias Toward Prosecution

A Superior Court judge who has come under fire from Ventura County public defenders has denied that his rulings are based on an underlying bias toward the prosecution.

Judge James P. Cloninger said Friday that he is legally prohibited from discussing specific pending cases, even if they are no longer assigned to his courtroom.

But the judge, who was appointed to the Superior Court in April by Gov. Pete Wilson, denied that he favors one side over the other.

“Allegations that I’ve acted with bias in cases are not true,” he said.

Last week, deputy public defenders appearing in Cloninger’s courtroom began disqualifying him from their cases. Under the law, each side in a criminal case may disqualify one judge without stating a reason.

Several public defenders have said they believe Cloninger treats their clients more harshly than other judges would in the same circumstances. An assistant public defender said Cloninger’s rulings, from sentences to evidentiary matters, seem to be prosecution-biased.

Cloninger, 42, was a deputy district attorney before Wilson appointed him to the Municipal Court bench in 1993. He was elevated to Superior Court a year later.

Cloninger’s record as a judge has been defended by prosecutors, who say he does not always rule in their favor. A private criminal defense attorney also has defended the judge, saying he seems to be fair and impartial.

Court officials have said that if the disqualifications continue for long, Cloninger might have to be transferred to an assignment where he hears civil cases.

That is what happened last year to Superior Court Judge Lawrence Storch after county prosecutors began disqualifying him from all new criminal cases.