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Anyone
who has practiced political law
for any length of time is familiar with the Hon. James T. Ford.
Although Judge Ford presided over a broad spectrum of cases before
his retirement this year after 20 years on the bench, his courtroom
was a very familiar place to the small group of lawyers who have
traditionally handled most of the "election writ" cases.
Election writs
can include a wide range of election-related contests, but they
most commonly involve challenges to an initiative's title and
summary, to the ballot arguments in support or opposition, or
to a candidate's ballot designation. Since many of these cases
must be brought in Sacramento by statutory requirement and others
are brought here by tradition or for reasons of convenience, the
local Superior Court gets a disproportionate share of election-related
cases. Within that court, there are a small number of judges who
handle writs. Until 1999, Judge Ford heard virtually all of the
election writs.
According
to attorneys who have appeared before him over the years, one
of Judge Ford's qualities that made him particularly well suited
to hearing these writs was his ability to understand the issues
and make a decision quickly. Election writs are often filed, served
and argued within a matter of days. "He's a quick study and
never afraid to make tough decisions," commented Lance
Olson, an attorney who represents the California Democratic
Party and has appeared frequently on the Democratic side.
Judge Ford
passes the compliments back to the attorneys who have appeared
before him, calling their role in the process "vital"
and pointing out that he has always relied on the lawyers' ability
to fully and accurately present the issues to him. He noted that
the political writs were somewhat distinctive in that there was
a relatively small group of attorneys who not only knew the substantive
area very well, but also were familiar with the extraordinary
time constraints and well versed in the writ procedures. He also
singled out Oliver Cox, who recently retired as counsel
to the Secretary of State's Election Division, as a source of
great help over the years.
Attorneys
commend Judge Ford for his sense of humor, his gracious treatment
of attorneys and his willingness to give them every opportunity
to present their case. Most agreed with Ford's own observation
that the more an attorney was talking in his court, the more likely
he or she was to lose the case. Ford acknowledged that when his
review of the pleadings and his own analysis led him to a tentative
conclusion in favor of one party, he would focus most of his questions
on the other side to give them a chance to lead him to a different
conclusion. As Chuck Bell (who has frequently appeared
on the Republican side) said, "Judge Ford was always interested
in exploring the fine points of the law with attorneys and win
or lose, we always thought we got a fair hearing."
Virtually
everyone who has been in Judge Ford's courtroom has come away
with the impression that he genuinely seemed to enjoy his work.
The judge himself calls it "the greatest job imaginable."
He adds that he always felt a great deal of "responsibility,"
knowing that each case was important in its own way, particularly
to the parties, and that many cases involved larger principles
which were important to society as well. Although the political
writs brought him more publicity, the majority of Ford's time
on the bench was spent on the day-to-day work of domestic relations,
civil work and criminal cases. Unlike many, Ford praises the jury
system for giving "everyday citizens" a voice in the
justice system, and states that after presiding over almost 300
jury trials he found himself "generally in agreement"
with the conclusions of the juries in those cases.
As someone
who has had his share of high profile cases, Ford says that the
possibility of negative publicity or adverse public reaction to
his decisions has never been a factor for him. "It's a great
job, but it's not worth looking over your shoulder all the time."
In his view, the courts are really doing the "public's business"
and the media provides access to the court system.
Because of
his experience with election issues, some people have urged the
judge to write a book about the initiative process. Perhaps surprisingly,
he says he just doesn't feel "passionately" enough about
the need for changes to the system. While he acknowledged that
some reforms might be appropriate, he does not advocate a lot
of new restrictions on the initiative process. He takes a somewhat
philosophical view of that process, saying that the best check
on abuse is the political process itself.
Now that he's
retired, Ford is enjoying a new sense of "freedom."
As someone who had not had three consecutive weeks off since 1964,
he is now traveling extensively with his wife. Trips have included
the Virgin Islands, Oaxaca, Mexico, New York and a Hong Kong to
Athens trip. He is planning to sit by assignment about 30 days
this year and he is using his experienced perspective to his role
as a mediator. Everyone agrees that Judge Ford will be sorely
missed during the next election cycle. Reflecting upon Ford's
new endeavors, Chuck Bell commented, "If we ever have an
election case that might be mediated, I'd love to take it to him."
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