Government
Jun. 22, 2002
Accused Judge Can Withdraw From Election
LOS ANGELES - Citing unclear law on the matter, a judge has allowed Orange County Superior Court Judge Ronald Kline to withdraw from the November judicial election as he continues to fight charges of child molestation and possession of child pornography.
Kline - who was first runner-up in the March 5 primary despite the pending cases against him - asked to withdraw from the election because the criminal charges were putting too much strain on him and his colleagues.
Kline's lawyer contended that the judge could back out because he petitioned to withdraw March 13 - nearly two weeks before the Orange County Board of Supervisors certified the primary results. County lawyers argued that Kline was bound to stay in the race once the polls closed on primary day.
Los Angeles Superior Court Judge David P. Yaffe said the state Elections Code does not specify a time frame in which a candidate may back out of an election.
"An election is a process," Yaffe said. "It consists of people voting, votes being counted and then certification. If you have to pick a time to withdraw, which one do you pick?"
Yaffe said that, if the state Legislature had wanted to fix a specific time, they would have done so.
At a hearing April 24, lawyers on both sides stipulated that Kline became an official nominee March 25, when the primary results were certified. But in a brief filed May 30, county attorneys stated that, after further review, they believed that Kline became a nominee March 5.
Yaffe rejected the county's amended interpretation.
"Respondent's attempt to renege upon said stipulation ... all other parties have relied upon it and without it the court does not have a body of evidence, or the arguments of counsel as to the significance of evidence, that enables the court to decide the case," Yaffe said.
Kline's attorney, Paul S. Meyer of Costa Mesa, said Yaffe "made the right call."
"Fairness and the facts support our position," Meyer said. "The election controversy is now over."
Deputy County Counsel Nicole Sims, representing Orange County Registrar Rosalyn Lever, said there would be no appeal.
But while the controversy over Kline's withdrawal may be over, Yaffe's decision sets up another round of legal maneuverings in the battle for Kline's seat.
With Kline out of the election, only write-in candidate John Adams, a Dana Point attorney, is slated to appear on the November ballot. Adams won the primary with 130,227, followed by Kline's 129,959.
On Thursday, Costa Mesa attorney Gay Sandoval, the second runner-up behind Kline, said she intended to file a writ in Orange County Superior Court to get her name on the November ballot with Adams'.
Adams, who attended Thursday's proceedings with his attorney, Mike Robinson, said that "it would appear from the court's ruling that I will be the only candidate on the ballot."
Election Code 8804 states that a second runner-up in a primary may be added to a general election ballot only if one of the winning nominees dies or is appointed to federal or state office.
Kline, meanwhile, has court dates set for July 19 in the state molestation case and Sept. 9 in the federal pornography case. He is accused of sexually abusing a minor and keeping child pornography on his home computer.
The charges against him include six federal counts of possessing child pornography and state charges of oral copulation with a person under 16.
Kline has pleaded not guilty to all the charges.
Jenna Bordelon
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