May I briefly correct the record regarding two letters to the editor that appeared on Sunday regarding the election for judge of the Yolo Superior Court?

One letter made the comment that Yolo Superior Court Commissioner Janene Beronio is an “inactive” member of the California State Bar while the other three candidates — all lawyers — are “active” members of the State Bar. The letter writer implied that this was a bad thing since “inactive” members are not subject to the mandatory continuing legal education requirements of the State Bar.

But this is hardly a revelation. The fact is that all judges and commissioners in California are “inactive” members of the State Bar because that’s what the law requires. When a person becomes a judge or commissioner, that person is (obviously) prohibited from practicing law. And all judges and commissioners are subject to rather stringent continuing judicial education requirements.

The second letter took issue with the fact that all the active judges of Yolo County had their photo taken in their robes for a campaign brochure in support of Commissioner Beronio. The writer found this “reprehensible.” The fact is that they all had their photo taken, because they all support Beronio, as do all the retired judges in Yolo County.

While federal judges do not have to run for election, California state judges do have to stand for election. Judges do not participate in political election campaigns. They must remain neutral in such political contests. There is an exception in the law, however, that permits judges to participate in judicial election campaigns.

It would be terribly unfair if they were required to run in elections to judicial office, but were prohibited from campaigning. In fact, judges have an ethical obligation to speak about the judicial system and to comment on the administration of justice. Further, numerous ethics opinions have determined that judges may be pictured in their robes during campaigns, in part because the law requires them to wear those robes.

Dave Rosenberg
Yolo Superior Court judge, Davis

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