Defense Attorney takes on Longtime County Probate Judge in Election

RIVERSIDE - A 25-year Inland Empire defense attorney today is taking on a longtime Riverside County probate judge whom the challenger says has treated the public unfairly, an accusation the judge called fiction as he stood by his record of the last 16 years.

Attorney Michael Kennedy of Joshua Tree is confronting Superior Court Judge James ''Jim'' Cox of Indian Wells in today's primary election.

Kennedy has been working as a defense lawyer since the mid-1980s, specializing over the past decade in driving-under-the-influence cases. Cox was appointed to the county bench by Gov. Pete Wilson in 1996, and since 2004 has served as the county's supervising probate judge, working out of Palm Springs.

Voters countywide will determine the winner of the judicial race, and whichever candidate prevails will serve a six-year term.

''Somebody says 'judge' and people go, 'Oh, ah -- God's gift to intellectual precision,''' Kennedy said. ''But many judges are political hacks who got there because of who they know or from going to the right cocktail parties. Some are smart and some are stupid. I've seen them pick on the unrepresented public. But these guys forget that the public is in charge. They are public servants. The public is the master.''

Kennedy, who describes himself as a constitutionalist or ''originalist'' when it comes to interpreting the law, said he is distressed by judges who fail to realize they're ''umpires'' and not advocates for the government. He pointed to an encounter with Cox in the late 1990s as an example.

According to Kennedy, he had received a traffic citation and his arraignment for the infraction was in a Banning courtroom where Cox was presiding. The attorney said he was ''aghast'' when he witnessed Cox allegedly tell the defendants lined up before him that if they pleaded guilty, they would receive reduced fines, but if they pled not guilty, they would have to post bail before they would be granted a trial.

Kennedy said he told the judge to ''stop playing games'' with him, citing a constitutional requirement that a person be deemed a ''flight risk'' before imposing bail. He said Cox pushed his case to the bottom of the pile and then dismissed it after the other defendants' cases had been disposed and they had left the courtroom.

Cox told City News Service that his opponent's allegations ''make absolutely no sense'' and can't be verified because it's ''more than 10 years after the fact'' and the records are gone. He denied ever denying someone their right to a trial.

According to Kennedy, he has heard from fellow attorneys that Cox will ''play favorites'' in his courtroom, allowing some lawyers representing clients in probate cases to charge higher fees, while disfavored attorneys' fees are halved.

''Nobody can go on the record and complain because if you do -- there go your fees,'' Kennedy said.

Cox replied that he determines fees based on the actual work an attorney does.

''A probate judge is known as a super-fiduciary. When an attorney is not doing his or her job, such as filing reports on their accounts, then the super-fiduciary orders them to appear and explain,'' Cox said. ''If they try to charge in response to orders to appear, then, yes, I'll reduce their fees for that. It's the conservatee's money. That old man or that old lady has to pay from whatever funds they have for a conservator (to take care of their affairs.) It's the duty of a judge to review fee requests.''

Cox said his nearly 16 years as a jurist have been unblemished.

''I do my job and follow the law,'' the judge said.

He said his endorsements from every sitting county judge, as well as the Riverside County Deputy District Attorneys' Association, speak to his credibility and performance.

Kennedy highlighted Cox's endorsements as evidence of his being a political insider.

''Establishmentarians will always side with whoever's part of the establishment,'' the attorney said. ''We used to have the finest judiciary in the world 30 years ago. But it has diminished. The only way to regain it is by being a part of the solution. That's why I'm in this race.''

Kennedy's endorsements include Maricopa County, Ariz., Sheriff Joe Arpaio and attorney Aissa Wayne, one of actor John Wayne's four daughters.