08/04/2008: "Linde & Gaylord & Politics"

(Judge Linde & Prosecutor Gaylord make opening statements at candidates forum in Friday Harbor)

The SJI League of Women Voters held a Primary Candidate Forum Saturday, and the two candidates for judge, John O. Linde and Randy Gaylord, took part, but not without generating some controversy in responding to a question on political affiliation.

Linde and Gaylord both made introduction remarks about their background, and then the floor was opened up to questions from the audience. One of the last questions asked was what political party had Judge Linde and Gaylord been involved with.

Linde went first on the question and said that he is “truly apolitical.” Linde said that Section Seven of the Code Of Judicial Conduct states you cannot disclose or discuss political affiliation. Linde said that he had run for, and been elected five times as a Judge, but that politics is not a part of running for a judgeship. Linde said that he is non-partisan, and has never run as a partisan.

Gaylord said “for four times I have ran as Prosecuting Attorney, each time as a Democrat;” and then added “that’s my history, that’s my values, that’s where I live, that’s where I rest.”

Gaylord said of all the questions he has been asked as he goes door-to-door“, his political involvement is “the most common question I have been asked.”

Gaylord’s answer caused some discussion and generated some concern by some who had attended the forum that he may have crossed the line of Canon 7 of the Code of Judicial Conduct which states “Judges shall refrain from political activity inappropriate to their judicial office,” and section, A, (e) (e) states they shall not “identify themselves as members of a political party, except as necessary to vote in an election.” Since judicial elections are clearly non-partisan, did Gaylord -intentionally or not- convey the impression by his statements that he is partisan?

When asked at the beginning of the forum to make opening statements, Gaylord said another Judge had told him what is most important in being a judge is not experience in law -be it as a judge or prosecutor- but rather “it’s about the person.”

Gaylord then listed some of his experiences and “life values that he shares and also my integrity;” he listed that he had been married for 27 years, that he and his wife had raised two children; that he was the fourth of ten children, and he grew up on an apple farm.

Moving on to his actual qualifications and experience that “fit well with the duties of a Superior Court judge, he stated “I have an undergraduate degree in environment studies; 23 years an attorney; 14 years as the SJC Prosecutor, and Coroner;” and added that “the biggest influence in terms of the judgeship is my work with the Utah Supreme Court;” where he had served as a clerk to a justice. He also noted his involvement in the jet ski case, and that he had started the victim services program.

When Judge Linde spoke he recapped his legal career as an attorney with a private practice, and as the SJC District Court Judge, a position he held for 21 years. Linde said since becoming the Superior Court Judge he gave up his private practice. Linde said he is doing what he loves, what he was trained to do all his life and “doing what I think I am pretty good at.”

Linde stated that of all of the endorsements “the one that means the most to me, first and foremost comes from the governor’s office.” Governor Gregoire serves as the Honorary Chair of his election committee, and Linde also had Richard Mitchell, the General Counsel to Governor Christine Gregoire, with him as he made the rounds Saturday on Orcas.

Linde said he had the endorsements of Superior Court Judges Hancock and Churchill, as well as all of the siting judges in Whatcom and Skagit County. Linde said that if anyone knows who is most qualified to be the judge of San Juan County, it would be Judges Hancock and Churchill, since between them they had had observed for a total of 32 years who was best qualified to be their replacement.

In response to a question on trial experience, Gaylord listed a total of six trials at District Court level and six at Superior Court level & one or two a year when he had a private practice.

Linde estimated he had been in a 12 to 20 trials while in private practice, and presided over approximately 100 trials as a Judge