Fresno Co. judicial contest heats up

Published online on Tuesday, May. 27, 2008

CORRECTION: This story incorrectly reported that Deputy District Attorney Jim Kelley, who is running for Fresno County Superior Court judge, has been endorsed by the California Peace Officers' Association. Kelley has been endorsed by the California Reserve Peace Officers Association. The California Peace Officers' Association has not endorsed any candidates in the Fresno County Superior Court judge race.

In the four-way race for Fresno County Superior Court judge, two deputy district attorneys are embroiled in a war of words while the other two candidates -- both defense attorneys -- watch from the sidelines.

But one of the defense attorneys, Glenn LoStracco, is just barely leading the fundraising race and promises to be a strong contender for a job that usually goes to prosecutors.

The other defense attorney, Gary Shinaver, a chief public defender, has raised no money and loaned himself only $200.

Voters will go to the polls June 3 to select a replacement for Judge W. Kent Levis Jr., who is retiring. It is the only contested judicial race this year in Fresno County.

So far, the contest has mostly centered on a series of exchanges between Douglas Treisman and Jim Kelley, both deputy district attorneys.

Treisman has been endorsed by the two previous Fresno County district attorneys, 12 sitting and retired Superior Court judges, the Fresno and Clovis police associations, and the sheriff's deputies and sheriff's sergeants associations.

Kelley, who also has volunteered as a reserve deputy sheriff for the last nine years, has been endorsed by the California Reserve Peace Officers Association and at least four Superior Court judges.

In late April, Kelley and Treisman's cordial disputes grew into a bit of a spat when Kelley wrote a letter to sheriff's deputies saying he -- not Treisman -- was "law enforcement's choice."

Treisman said Kelley's letter and his campaign literature are misleading the public because he has not earned most of the local law enforcement associations' endorsements.

"It matters, because as attorneys we are obligated above all other things not to mislead," Treisman said.

But Kelley says he does have the support of law enforcement, because many individual prosecutors, police officers and sheriff's deputies have endorsed him.

The two candidates also have butted heads over who has the most experience. Kelley, a deputy district attorney for 11 years, handles domestic violence cases. He said he has worked on more than 100 trials, including attempted murder and rape cases. Treisman, a prosecutor for almost 19 years, works on the lifer unit, where he represents the state at parole hearings. He served on the homicide unit for two years.

LoStracco, who was a deputy district attorney for three years before he became a private defense attorney in 1992, has raised the most money in the race as of March 17, the most recent figures available. He has raised $32,720, including a $10,000 loan from himself. Treisman is close behind with $31,534, including a $4,000 personal loan and a $10,000 donation from his mother. Kelley has raised $18,643, which includes two personal loans totaling $6,250.

LoStracco says that since he is the only candidate who has been both a defense attorney and prosecutor, he can provide the most perspective as a judge on a bench composed mostly of former prosecutors. He is the only registered Republican running for judge, a nonpartisan position, and has the endorsement of the Fresno Republican Central Committee, former Fresno Mayor Jim Patterson, and the Kings County district attorney, Ronald Calhoun. The other three candidates are Democrats.

Having represented many defendants, LoStracco said, "I can tell you none of them is going to be able to pull the wool over my eyes."

In 1996, LoStracco filed for bankruptcy because his private practice was struggling, he said. He also has had to deal with collections offices over the years, records show.

Shinaver, an attorney for 25 years and a chief public defender since 1997, said he wants to be a judge who does more than preside over a courtroom. If elected, he said, he would try to find ways for the courts to better connect to the small towns and communities in Fresno County. He also said that the court should work on developing a system that will reach out to a larger pool of jurors so that juries better represent the community.

Shinaver, who is endorsed by the La Raza Lawyers Association's Central Valley Chapter, said he also would want to be more involved in the county budgeting process and ensure that the Sheriff's Department and Probation Department receive more resources as the courts expand.

"I've been doing this a long time and see how things are happening, and I know I could do it differently and do it better," he said.

CORRECTION: This story incorrectly reported that Deputy District Attorney Jim Kelley, who is running for Fresno County Superior Court judge, has been endorsed by the California Peace Officers' Association. Kelley has been endorsed by the California Reserve Peace Officers Association. The California Peace Officers' Association has not endorsed any candidates in the Fresno County Superior Court judge race.