AG candidate faces charges from judicial commission

A Republican candidate in November’s race for state attorney general engaged in political activity while sitting on the El Dorado County Superior Court, the Commission on Judicial Performance alleged Wednesday.

Judge Steven C. Bailey was elected to the court in 2009. He resigned on Aug. 31 and formally announced his candidacy for AG in a video in October.

Bailey has until March 8 to respond to the charges that range from improperly accepting gifts and employing friends and family to violating the impartiality of his judgeship by engaging in political activity on the bench.

The notice of formal proceedings prepared by the Commission on Judicial Performance charges Bailey with leveraging his stature on the bench to benefit his campaign for attorney general as far back as August 2016. By April 27, 2017, when Bailey filed an official intent to run for AG, he had received at least $17,749 in contributions, according to the commission.

Los Angeles lawyer Eric Early, the other Republican candidate for attorney general, declined to comment on the charges.

A spokesperson for Bailey pointed out that the commission’s proceedings do not equate a finding of misconduct.

“It’s simply an attempt to disparage a respected former judge and a highly qualified candidate for attorney general,” said Corey Uhden, communications director for Bailey’s attorney general campaign. “These proceedings will conclude that this is a waste of time and taxpayers’ money.”

Gregory Dresser, director and chief counsel for the commission, said there was more than one complaint against Bailey and more than one source for the allegations. Some of the charges relate back to activity that started in 2009, the year the judge joined the bench.

“We believe we have a good-faith basis for the charges and we believe that the conduct described in the notice of formal proceedings constitutes misconduct for a judicial officer,” Dresser said.

Bailey’s counsel, James A. Murphy of Murphy Peason Bradley & Feeney, declined to comment.

An evidentiary hearing conducted by special masters appointed by the state Supreme Court will take place in June, Dresser said. Commission trial counsel Mark A. Lizarraga and assistant trial counsel Sei Shimoguchi will serve as examiners.

After the hearing, the special masters will report to the commission on their findings. The commission’s findings will not affect Bailey’s ability to pursue his candidacy, Dresser said.