Longtime judge faces challenger

“There are times when it is healthy for the system and for the court if someone steps up and challenges,” he said. “There’s this problem and something unhealthy about this perpetual incumbency that never sees the light of day.”

Appointed to the bench in 2005, Buchwald said he’s looking forward to carrying out his commitment to public service by seeking a third term. With 33 years of experience in civil trial practice at three Bay Area law firms, Buchwald has represented both plaintiffs and defendants in a variety of lawsuits, noting his background has proven useful in complicated civil and commercial disputes.

“I still love the job, and I think the one thing that I have that’s still in short supply in our court … I come from a solid civil practice and I also have some business experience,” he said.

As a litigation management attorney for the Judicial Council of California, the policy and rule-making body of the California court system, Wilson oversaw and monitored court proceedings and trials and interacted with a range of court officials. In putting in a bid for Buchwald’s seat, Wilson said he is not only aiming to provide a new voice in an election cycle he believes results in a series unopposed races, but also to restore respect and proper application of the law to the office upon reviewing Buchwald’s performance over the years.

Wilson said allegations from defendants and attorneys whose cases have been heard in Buchwald’s courtroom have for him called into question whether Buchwald’s rulings are based on precedent. He added complaints about delays in cases that go before Buchwald also spurred him to pursue his seat on the bench.

“It is part of … why we feel that we are justified and completely appropriate and [that we are] actually providing a public service in challenging this particular incumbent,” he said.

Stemming from his clerkship in 1973 and 1974 with Donald Wright, former chief justice of the California Supreme Court, Buchwald said he strives to explain the reasoning behind his decisions in both jury trials and when he is ruling in a trial by judge.

“I will always try to give reasons why I’m doing what I’m doing,” he said. “I think our job at the trial level is to decide things based on the facts and make sure everybody gets a fair trial on both sides.”

Wilson pegged the frustration those interacting with the county’s judicial services have aired about the rigid, seemingly complex system they encounter as another focus of his should he be elected to the seat. He said he’s heard complaints about defendants not feeling like they’re treated like a person while their court cases are adjudicated or that continuances to their cases have proven to be costly and burdensome, and hopes to start conversations among the county’s Superior Court judges to review some of those issues from a different perspective.

“I realize it’s a very difficult environment, and it’s a day-to-day, week-to-week grind to get through some of those cases,” he said. “I think I can provide some healthy fresh air and energy and insight to look into those issues.”

Buchwald said he tries to give the same level of attention to each of the cases assigned to him, whether they’re big or small, to ensure everyone in his courtroom is treated fairly.

“Everybody’s case is important to them,” he said. “It can be a $500 case it can be a $500 million case, it doesn’t matter. That person’s case is important to them.”

Having managed calendars for several case types, Buchwald acknowledged continuances of court cases are a reality judges face, but said judges and court officials must weigh several factors when determining the schedule for a given case. Noting cases can be assigned to a judge after they’ve been in motion for months in another judge’s courtroom and that priorities can be assigned to specific cases, such as those involving senior citizens or defendants that choose not to waive their right to a speedy trial, Buchwald said he does his best to move cases along and hold conferences with prosecutors and defense attorneys at the end of each trial day to determine what they expect to cover in the next court day.

“There are a lot of things that an individual judge doesn’t have control over that dictate how long has a case been around,” he said. “It’s not anything that a new judge can solve.”

anna@smdailyjournal.com

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