Bill to limit titles in judicial elections heads to governor

SACRAMENTO — Unless Gov. Jerry Brown decides otherwise, there won’t be a “major gang prosecutor” on the ballot in the next round of judicial elections.

That’s due to a bill passed 69-7 in the Assembly on Thursday. SB 235 would bar “hyperbolic” ballot designations in races for seats on the bench.

Friday was the last day of the 2017 legislative session. As of press time, the bill was waiting for a routine vote in the Senate to confirm Assembly amendments before going to the governor.

SB 235 received bipartisan support, despite the fact that it would arguably take away an advantage from district attorneys and their deputies.

Committee analyses of the bill cited studies of judicial elections in Los Angeles County over the past decade. These found that the vast majority of deputy district attorneys running for seats on the bench used “embellished titles” such as “child molestation prosecutor.”

Some candidates “are gaining a misleading and unfair advantage in the electoral process,” said Assemblyman Jordan Cunningham, R-San Luis Obispo.

Assemblywoman Melissa Melendez, R-Lake Elsinore, agreed.

“If you want people to know that you’re tough on crime, tough on gangs, that’s fine, go knock on doors and let people know,” she said.

Assemblyman Matthew Harper, R-Huntington Beach, was the sole legislator to speak out against SB 235 during the debate. He said the bill raised an equal protection issue because it places stricter restrictions on public sector attorneys than on private sector ones.

The bill is sponsored by the Conference of California Bar Associations and supported by the California Judges Association, along with other groups.

The bill’s author is Sen. Ben Allen, D-Santa Monica, an attorney. According to his office, Allen’s ballot designation when he ran for Senate in 2014 was “School Board Member, Santa Monica-Malibu Unified School District.”

By a 55-12 vote Friday, the Assembly also passed a final version of a bill that would impose new campaign finance disclosure rules on initiative campaigns. The bill is expected to generate new business for campaign compliance attorneys, in part due to significant fines for failing to properly list top donors.

SB 249 faced late Republican opposition due to amendments that would allow labor unions to avoid disclosure for bundled donations of less than $500. Several Republican lawmakers spoke out against it.

“This bill is a wolf in sheep’s clothing,” said Assemblyman Travis Allen, R-Huntington Beach. “This bill creates a loophole for unions to evade contribution limits.”

Meanwhile, several measures related to criminal justice are also headed to Brown’s desk.

SB 393 would allow people who were arrested for a crime but never convicted to petition a court to seal their records. It passed its final vote on Thursday, winning in the Senate 35-4.

The bill seeks to address inconsistent policies and procedures by law enforcement agencies around the state that can leave arrests on people’s records. It was sponsored by San Francisco County District Attorney George Gascon, who said the wrongly arrested often face barriers to housing and employment.

Also on Thursday, the Assembly passed a bill 42-32 that would shift management of the state’s gang databases to the Department of Justice.

AB 90 was a response to a critical 2016 report from the California state auditor. It found that the existing CalGang Criminal Intelligence System suffered from weak oversight and didn’t protect the privacy rights of those listed.