The Pine Cone's third story of the week

Judicial candidates agree: Gangs are biggest problem

By KELLY NIX

Published: April 18, 2008

ELECTING SUPERIOR court judges is something voters do all the time.

But usually they’re only given the opportunity to reelect judges who were first appointed by the governor. Because incumbents have an advantage, judicial races don’t draw much interest.

On June 3, however, there will be serious competition among four candidates to replace Stephen Sillman, who retired last week after 25 years on the Monterey County Superior Court bench. Because his retirement came at the end of his term, Governor Arnold Schwarzenegger wasn’t allowed to pick his successor. Instead, the voters will do that.

The newly elected judge will have his work cut out for him. According to candidate Mark Hood, last year there were more than 89,000 criminal cases filed in Monterey County handled by 14 judges. And there are thousands of civil cases filed every year.

The judicial seat up for grabs is an all-purpose assignment, which means the judge may serve in civil and criminal courts. Not surprisingly, the four candidates agree gang violence is the probably the biggest legal problem in the county.

- Mark Hood

Candidate Mark Hood, 48, has spent the last 19 years prosecuting thousands of criminal cases including murder, arson, gang crimes and other cases.

He believes in tough sentences for violent criminals and a “comprehensive approach to keep youth out of gangs in the first place.”

“With gang-related violence growing and affecting more neighborhoods,” said Hood, who is endorsed by the Monterey County Deputy Sheriff’s Association, “I believe we need someone who has extensive criminal prosecution experience.”

Hood also believes the court should assign a judge to focus specifically on defendants associated with gang activity in a similar way the court has judges assigned to handle defendants with mental health issues and drug problems.

“A judge knowledgeable about gangs, gang abatement and community opportunities such as education, training and employment can be an effective resource in a comprehensive gang prevention model,” he said.

At the same time, Hood supports limits on plea bargains in cases involving serious felonies or the use of firearms.

“Violent acts must result in sentences consistent with California’s sentencing guidelines for serious felonies,” he said.

In regards to the state’s “three strikes and you’re out” law passed by voters in 1994, Hood said judges have a lot to consider in determining if the law applies in a particular case, but, “the court must above all consider the public’s safety.”

- Todd Hornik

A prosecutor in Monterey County since 1994, Todd Hornik, 43, said he’s handled a whopping 1,000 cases per year, much of them involving narcotics. In 2007, he was assigned to a special narcotics unit, allowing him to handle smaller, but more serious, drug offenses.

In the same way drug offenders are monitored by the courts after being convicted, Hornik said he supports doing similar checks for first-time gang offenders, something he said is not currently in place.

“Bring them in every week,” said Hornik, who lives in Carmel. “Check on their job hunt status, or their enrollment in classes, or payment of restitution and court fines. Let them know that we’re watching, but that they can have the assistance of the courts to get them through their struggle.”

Although he said he’s been moved by the turnaround some drug addicts have made after running afoul of the law, in the six years he’s handled drug cases, he said there has been no reduction in the number of criminal narcotics filings.

“We’re never going to defeat narcotics in the criminal courts,” he said. “No one ever has, and no one ever will. Narcotics are a social disease, and if we are ever going to make significant headway in this area, it will be on the social front.”

He said that fact should be taken into consideration when prosecuting drug offenders.

“If the state has X amount of prison beds, do we want to fill half of them, or a third, or a quarter, with nonviolent drug possessors?” he said. “Or should we save the space for those who would harm us, rob us, steal from us and endanger our ability to live our lives freely?”

Because there are more criminal cases than civil, Hornik said the court needs an experienced attorney to handle the high volumes that will likely be assigned.

“For me, the bottom line is courtroom experience,” he said. “No other candidate brings to this election the courtroom practice and skills that I do.”

- Luma Serrano Williams

Luma Serrano Williams, 43, who has been a prosecutor, public defender and civil attorney, is one of 10 children whose parents emigrated from Mexico to the United States when she was a child.

“My family finally settled in Salinas in 1979,” Serrano Williams said. “I hardly spoke English, but I successfully completed my high school education and graduated from Alisal High School in 1982.”

An attorney who specializes in workers’ compensation cases, Serrano Williams said she wants to be judge to bring more balance to the bench.

“Out of 19 seats, five are occupied by female judges, yet 50 percent of the residents of this county are female,” she said. “Women are grossly underrepresented in our local judiciary, and we need to make some changes.”  

She also contends she is suited to be a Superior Court judge because she has the “judicial temperament,” legal knowledge and ability to be fair.

“I have integrity and common sense,” she said. “I am even-tempered and open-minded. I am committed to the rule of law, to fairness, justice and equal protection.” 

In tackling the county’s gang problem, Serrano Williams said preventing kids from getting involved in gangs is the answer to reducing violence.

“We need to reach children while they are still young,” she said, “and we need to direct them toward more productive lives before they end up in juvenile hall.”

Serrano Williams is involved in the Capstone Project in Salinas, a program created by the Monterey County Sheriff’s Office and elected officials.

“Our goal is precisely to strengthen families,” she said, “and to provide them with the necessary resources to stop violence in our community.”


- Tom Wills

Boasting a lengthy endorsement list, candidate Tom Wills has 30 years of legal experience in private practice and has also served as a temporary judge on numerous cases in Monterey County Superior Court for the last two years.

His experience in criminal and civil law is one reason he has support from 22 sitting and retired judges and 30 present and former Monterey County Bar Association presidents. And he says his experience on both sides of the bench will serve the people of Monterey County well.

“It can be an intimidating experience to appear in court,” said Wills, 59. “I am well aware of that. I listen, treat people with respect and am fair.”

In dealing with what he agreed is the county’s biggest problem — gangs — Wills said he supports the Silver Star Program established by retired Superior Court Judge John Phillips.

“At-risk youth are put into that program and taught social skills and trade skills that give them self-esteem and a productive role in our local work force,” he said.

Wills, a longtime resident of Pacific Grove, said he agrees with the three-strikes law. “There are people who have shown repeatedly that they cannot and will not abide by the rules of our society,” he said. “Those serious offenders must be put away to protect the rest of our population.”

Wills said over the years he’s been hired by attorneys and their clients as an arbitrator or mediator to help resolve disputes.

“They know that, while they might not always like what I have to say,” he said, “my decisions and recommendations will be fair, practical and carefully thought out. If elected, I would apply that same standard on the bench.”