Since surviving a nine-way primary in June, the two remaining candidates for an open Marin judgeship have been raking the county for endorsements and contributions.
By that measure, Sheila Lichtblau, a deputy county counsel, has the edge over Michael Coffino, a deputy public defender, heading into the Nov. 8 election.
But the traditional campaign advantages of funding and endorsements might not carry as much weight in the judicial race. Several candidates in the primary enjoyed considerable support, but they still came up well short of making the runoff election.
Lichtblau and Coffino reached the general election by finishing in the top two spots in the primary. Lichtblau won 16,674 votes, slightly over 21 percent, while Coffino collected 16,028 votes, just under 21 percent.
The two closest competitors were prosecutor Nicole Pantaleo, with 12,962 votes, and prosecutor Thomas McCallister, with 12,387 votes. The remaining five candidates — prosecutor Otis Bruce and private attorneys Beth Jordan, Nancy McCarthy, David Shane and Renee Marcelle — split about 20,000 votes.
Lichtblau and Coffino are running for Marin Superior Court Office No. 2. The incumbent, Judge Faye D’Opal, plans to leave the bench when her term expires in December.
Civil law experience
Lichtblau, 50, of Mill Valley, has specialized in civil litigation, most recently as an attorney for the Marin County Counsel’s Office. Before joining the county in 2006, she worked at a corporate law firm in San Francisco, the state Department of Industrial Relations and an anti-poverty nonprofit.
Lichtblau has campaigned in part on the need for greater diversity on the Marin bench, stressing her background as the daughter of immigrants from India and Puerto Rico. She also notes that she has served as a judge pro tem and a federal mediator, giving her the kind of judicial experience that Coffino lacks.
“Judicial experience is important because serving as a judicial officer is very different than advocating for one party in a case,” she said. “A judge’s job is not to be an advocate, but to serve as a neutral. A judge must ensure that everyone have an equal voice in the courtroom.”
Defense specialist
Coffino, a 48-year-old Sausalito resident, has also stressed diversity, but of a different sort. He said the Marin bench is traditionally weighted toward former prosecutors and it needs a lawyer with a background primarily in criminal defense.
Coffino also said he has an overwhelming advantage over Lichtblau in terms of courtroom experience. He said he has represented thousands of defendants and gone to trial more than 50 times.
“Courtroom experience is the most important thing voters should look for in a judge,” said Coffino, a public defender since 2001. “It’s essential to managing a busy docket, making prompt and accurate rulings, and so much more. Someone who has spent little time in court will have a steep learning curve at the expense of litigants and jurors.”
Endorsement chase
Lichtblau was endorsed by Judge D’Opal at the beginning of the primary campaign. Her lengthy endorsement list also includes the five county supervisors and 27 current or retired judges — including several Marin judges who had endorsed McCallister, one of the prosecutors, in the primary.
Two prominent McCallister supporters, Judge Paul Haakenson and Judge Kelly Simmons, have endorsed neither Lichtblau nor Coffino in the general election.
Lichtblau also secured the endorsement of District Attorney Ed Berberian, even though Coffino has greater experience in criminal law.
“Both are experienced attorneys however Mr. Coffino’s election statements about having a public defender presence on the bench gives me cause for concern that a neutral objective approach to particularly criminal cases will not be present,” Berberian said in an email. “Our current judicial officers coming from varying work experience backgrounds that have concededly included prosecutor work experience have none the less shown no hesitancy in their new roles to take a neutral approach to the cases coming before them — regardless of where they worked before coming to the bench.
“A judge is no longer an advocate and Mr. Coffino by his public statements is not demonstrating this neutrality. Neutrality is all we ask.”
Coffino’s endorsement list is also lengthy but more eclectic than Lichtblau’s. In addition to figures such as San Francisco Public Defender Jeff Adachi and California State Controller Betty Yee, the roster includes “Gorky Park” author Martin Cruz Smith and CNN commentator Van Jones.
No sitting Marin judges endorsed Coffino, but several current or former judges outside Marin are backing him. He also picked up the endorsements of a Marin prosecutor, William Morehead, and labor groups such as the Marin Association of Public Employees.
Prosecution votes
A potential swing factor could be the bracket of 30,297 primary voters — about two for every five — who backed one of three prosecutors on the June 7 ballot. Some of those voters might be disinclined to vote for a defense attorney like Coffino, while others might favor his relatively superior trial experience and criminal-law background.
“I think it’s a mistake to presume that a judge will ‘vote’ or act in lockstep with presumptions based solely on their career backgrounds,” said law professor Rory Little, a San Rafael resident and Coffino supporter who teaches at the University of California Hastings College of the Law in San Francisco. “Former prosecutors are often hardest on the government; former defenders are often tough on defense counsel and defendants.”
Campaign donors
Lichtblau’s campaign raised $158,266 from Jan. 1 through Sept. 24, the end of the most recent reporting period. Lichtblau has loaned more than $50,000 to her campaign.
Some of Lichtblau’s notable contributors outside immediate family include Patrick Dominguez, a business coaching consultant, $3,000; Talkot Capital, a Sausalito investment firm, $2,500; the Louderback Law Group of San Francisco, $2,000; San Rafael resident Jonathan Frieman, $2,000; San Rafael lawyer James Nielsen, $1,500; San Rafael lawyer Charles Litchfield, $1,300; Neil Moran, a San Rafael lawyer who was McCallister’s campaign treasurer, $1,250; San Rafael lawyer Basil Plastiras, $1,200; San Rafael lawyer Perry Litchfield, $1,200; the San Rafael Police Association Political Action Fund, $1,000; the Marin Professional Firefighters Political Action Committee, $500.
Coffino’s campaign raised $115,699 over the same period. He has loaned more than $30,000 to his campaign.
Some of Coffino’s notable contributors outside immediate family include the Marin Association of Public Employees, $10,000; building contractor Mark Farr, $3,000; San Rafael-based immigration and criminal defense attorney Antonia Stainbrook, $1,499; musician Bonnie Raitt, $600; and attorney Aylsworth Crawford Greene III, better known as Ford Greene, the mayor of San Anselmo, $150.
Coffino’s boss, Marin County Public Defender Jose Varela, donated $250 to both Coffino and Lichtblau.
The candidates say the financial support and endorsements they’ve received will not compromise their independence on the bench.
“People from all parts of Marin support me because they know I will be fair to everyone, regardless of background or standing,” Lichtblau said. “My widespread support, both financial and in name, is a reflection of the broader community’s confidence that I have the right qualifications and temperament to serve on the bench. I am proud of the broad based support I have received from all sectors of our community.”
Coffino said he is not a county “insider” and that “voters need to look behind the politics of endorsements to the actual experience of the candidates.”
“My clients are ordinary people, not powerful, connected bureaucrats who wield influence and have access to money,” he said
