Hoping Voters Will Overrule Objectors

Superior Court Commissioner Sheila Fell upset sheriff’s deputies with one of her rulings in a lawsuit against them. Former prosecutor Jan Nolan got slapped with a low bar association rating, which many attribute to her close ties to former Dist. Atty. Mike Capizzi.

They’ll learn next month whether those negative marks will hurt them at the polls as they run for separate Superior Court judgeships with no incumbents in the race.

If the March primary results are a tip-off, Fell is favored in her race against former prosecutor Tom Dunn. She got 45% of the vote to his 38% in a three-candidate race. But Nolan acknowledges she trails far behind Deputy Dist. Atty. Dan McNerney--in part because of her own decision not to accept campaign funds.

* Fell-Dunn race.

Fell, 58, has the endorsement of Dist. Atty. Tony Rackauckas and the two staff associations within the office, the deputies and the investigators. Dunn, 45, has the support of the incumbent leaving office, Superior Court Judge William Hopkins, and campaigns mostly on his 12 years of experience as a prosecutor. He’s also spent the last three years as a lawyer on staff at the 4th District Court of Appeal.

But also, Dunn hopes to capitalize on the decision by the Assn. of Deputy Sheriffs of Orange County to make a last-minute switch to Dunn over Fell. At issue was one of her rulings in a pending defamation civil case where the parents of a 2-year-old murder victim are suing the Sheriff’s Department. Fell allowed the couple to review the file of the sheriff’s criminal investigation into the boy’s death. That ruling was overturned by the appellate court, which said it was “premature” to turn over the files.

“I cannot talk about that case because it’s pending, and Mr. Dunn knows that,” Fell said. “But when you’re on the bench, you always make one side unhappy with each ruling.”

But other law enforcement agencies have stood by her, and Fell, who has been a court-appointed commissioner for six years, has the support of the vast majority of Orange County judges. Fell also has strong community support because of her work as chair of the Orange County Domestic Violence Council.

Dunn’s biggest problem may lie in voters’ tendency to support judicial candidates already on the bench. He disagrees it’s an edge for Fell. Though commissioners perform most of the same functions as judges, Dunn points out that most voters don’t know what commissioners do. But Fell counters that the ballot will identify her as Superior Court commissioner, which will make an impact with voters.

Dunn, who lost a judicial race four years ago, also has to overcome the ratings by the Orange County Bar Assn. Fell got its highest rating, “highly qualified,” and Dunn its lowest, “not recommended.”

Dunn argues the bar vote is meaningless, and that his experience speaks for itself.

“I feel like I’ve been preparing for this job all my life,” Dunn said. “In my courtroom experience, I’ve had a chance to see different styles of judges, and I know what it takes to be a good one. But Sheila started the race six months before me, and that’s something I’ll have to overcome.”

Fell says of her performance: “I’ve been tough, fair and effective ever since my appointment.”

* Nolan-McNerney race

Nolan, 62, said she knows that her “not recommended” bar rating, while unfair in her view, is going to hurt her. McNerney, 47, got a “qualified” rating. But what may cost Nolan most is her decision to forgo campaign donations.

“I had to go with my gut instinct on that,” she said. “I simply don’t think it’s right for judicial candidates to accept money from anyone, especially lawyers, who might appear before them in the courtroom.”

Nolan had been the highest-ranking woman in the district attorney’s office under Capizzi. But she said she was forced out when Rackauckas took over two years ago.

Nolan said she’s running for judge because, “I was forced into retirement and I’ve still got too much to contribute to retire.”

It’s not a race with much rancor. McNerney and Nolan respect each other and worked well together as colleagues, they said.

“My approach is going to be to talk about my experience and not say anything negative about Jan,” McNerney said.

McNerney has been a prosecutor for 15 years, and served a lengthy stint on the district attorney’s office homicide panel before moving up to supervisorial duties.

Nolan’s other problems: McNerney walloped her in the March primary (48% to 23%) and has fat campaign coffers, close to $80,000 spent by the time the race is over.

Nolan is relying on her campaign statement, which goes out with sample ballots to all voters, to let people know what she’s accomplished.

“I’m hoping that voters will see I have more experience than Dan,” Nolan said.

But McNerney has a statement to voters too, and selective mailers on top of that which Nolan can’t match financially. He’s also got supporters doing precinct walks.

McNerney also can point to a lengthy list of law enforcement endorsements, and he has the backing of his boss, Rackauckas.

“Most of my legal experience has been in the courtroom,” McNerney said. “I’ve had a chance to see close-up the work of some of the best judges in the county. We have a great bench here that we should be proud of.”