REGION: Judge candidates point to experience

Four battle for two contested seats to be superior court judges -- This article has been modified since its original posting

By TERI FIGUEROA - Staff Writer | Monday, June 2, 2008 7:31 PM PDT ∞

NORTH COUNTY ---- The four men vying to fill two open seats as Superior Court judges all share backgrounds in criminal justice.

And they all say that their experiences would serve them well on the bench.

Judges, who must have at least 10 years as attorneys before they can be elected, serve six-year terms and are paid $178,789 per year.

Judges running for re-election are usually unopposed.

There are three open seats for the June 3 primary, because of three retirements. Deputy District Attorney Blaine Bowman is running unopposed for one seat.

The two remaining contests pit a prosecutor against an attorney who represents law enforcement.

Judicial Office 19

Seeking the seat for Office 19 are Paul Cooper, who is the lead attorney for the San Diego Police Department, and Garry Haehnle, a longtime prosecutor who has since become a Superior Court commissioner. As such, he oversees cases such as small claims and traffic court.

Both Cooper, 50, and Haehnle, 51, have been prosecutors.

Cooper spent 10 years as a prosecutor in the San Diego city attorney's office, first handling cases including domestic violence and child abuse. He then switched to the civil division and was a police legal adviser, when now-Mayor Jerry Sander's was the chief of police.

Five years ago, Cooper became the legal adviser working directly with San Diego Police Chief William Lansdowne.

The work, he said, includes sitting in with Lansdowne on briefings about investigations, including those for internal affairs. The job involves labor law, administrative law and more.

Cooper received his undergraduate and law degrees from Brigham Young University and a master's degree from the University of Southern California. He said he has the right temperament to be a good judge, describing himself as "firm but fair."

Cooper said his view is one of "strict adherence to the law."

"The process is set up so that the lawmakers make the laws and judges apply them, not rewrite them," he said.

For Haehnle, it's been almost two years since he left his longtime job as a prosecutor to be a court commissioner.

Haehnle's 16 years in the San Diego district attorney’s office saw him prosecuting homicides, child abuse cases and domestic violence matters. He served as the supervising deputy prosecutor in the office's Child Abduction Unit.

During his last two years as a prosecutor, he took part in a swap program that allowed him to spend six months with the state's office of attorney general and one year working in a federal setting with the U.S. attorney's office in San Diego.

That gave Haehnle a taste of civil law. He worked in a unit that, through the court, seized assets such as money, cars and homes from convicted drug dealers.

Before heading to Thomas Jefferson School of Law at age 30, Haehnle's jobs ranged from stockbroker to restaurateur. His bachelor's and master's degrees ---- both from Clemson University in South Carolina ---- are in forestry.

"I think all that experience has prepared me extremely well," Haehnle said.

Judicial Office 45

Law enforcement is also the background for Robert Faigin and Evan Kirvin, both running for the open seat for Office 45.

Faigin is the chief legal adviser to San Diego County Sheriff William Kolender. Kirvin is a prosecutor assigned to sex crimes and stalking cases for the San Diego district attorney's office.

Faigin said he believes the best judges are those who are "prepared, know the law and treat the case like it is as important to them as to the parties in front of them."

Faigin cites what he said was his "broad range of experience" as a foundation for taking the step to the bench.

He pointed out that he not only advises the sheriff on issues such as criminal laws and labor disputes, but also spent about four years in other counties and states as a prosecutor. He was a prosecutor first in the city attorney's office in Reno, Nev., and later in district attorney offices in Lassen and Solano counties in Northern California.

Faigin earned his bachelor's degree in criminal justice from the University of Reno, his master's degree in public administration from Cal State Dominguez Hills and a law degree from Pepperdine School of Law.

In March, Faigin began hearing cases as a temporary judge, a volunteer spot that allowed him to hear small claims.

Kirvin has been a prosecutor for nine years. Before that, he spent more than four years as a federal probation officer. He earned a bachelor's degree in history from UC San Deigo and graduated from University of San Diego School of Law.

As a prosecutor, Kirvin has most recently been handling sex crimes. His efforts includes arguing to have those deemed sexually violent predators committed to mental hospitals.

Kirvin, 40, said being a trial attorney has given him the real-world courtroom experience to become a judge.

He has prosecuted dozens of felony cases, including murder, child molestation and rape.

As for his judicial temperament, Kirvin pointed to a case in which a criminal defendant acted as his own attorney. Seeing that his opponent was ill-prepared, Kirvin said, he offered tips.

"I knew he was guilty but I wanted a fair trial, and I would not have been able to sleep at night if I didn't (help)," Kirvin said. "I wanted the jury to hear all the facts and for him to make his best argument."

Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.

CORRECTION: Candidate's age incorrect

Evan Kirvin is 40 years old. We apologize.

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