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June 5, 2018 — Elecciones Primarias de California
Judicial

Tribunal Superior de California, Condado de Los AngelesCandidato para Juez, Cargo 71

Photo de David A. Berger

David A. Berger

Deputy District Attorney, County of Los Angeles
503,393 votos (46.22%)
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Mis 3 prioridades principales

  • Protect public safety to keep our communities safe and secure
  • Administer justice openly and fairly in an environment that is respectful to all
  • Make full use of Alternate Sentencing options for non-violent crimes for defendants with addiction and/or mental health issues

Experiencia

Experiencia

Profesión:Violent Crime Prosecutor at DA's Office
Deputy District Attorney, LA County District Attorney's Office (2010–current)
Special Assistant City Attorney, City of Los Angeles (2009–2010)
Deputy District Attorney, LA County District Attorney's Office (1998–2009)
Salaried Law Clerk, LA County District Attorney's Office (1997–1998)
Senior Law Clerk, LA County District Attorney's Office (1996–1997)

Educación

Loyola Law School Los Angeles JD, Law (1997)
University of London LL B, Law (1993)

Actividades comunitarias

Volunteer Trial Advocacy Judge/Coach, Byrne Trial Advocacy Program, Loyola Law School, Los Angeles (1998–current)

Biografía

  • Career public prosecutor with 22 years of service
  • Extensive legal experience with victims of Domestic Violence, Child and Elder Abuse
  • Endorsed by over 100 Superior Court Judges, Prosecutors, and Defense Attorneys 
  • Will provide balance, fairness, and access to justice

I am the third generation of a Los Angeles family, and the first generation to obtain a post-graduate degree. I studied law both in England at the University of London, and at Loyola Law School Los Angeles where I volunteer by coaching trial advocacy students. I have lived in Los Angeles since 1989, and am married with two adult children.

¿Quién apoya a este candidato?

Featured Endorsements

  • ALADS - Association of Los Angeles Deputy Sheriffs
  • Hon. Steve Cooley, District Attorney for Los Angeles County (ret.)
  • Hon. John J. Duran, Mayor, City of West Hollywood

Organizaciónes (12)

  • Los Angeles Metropolitan News Enterprise
  • Los Angeles Times
  • West Hollywood/Beverly Hills Democratic Club
  • Association of Los Angeles Deputy Sheriffs
  • Association of Deputy District Attorneys
  • Professional Peace Officers Association
  • Los Angeles Police Protective League
  • Culver City Democratic Club
  • Los Angeles County Police Chiefs' Association
  • Hawthorne Police Officers Association
  • Los Angeles County Professional Peace Officers Association
  • New Frontier Democratic Club

Funcionarios electos (30)

  • Congresswoman Maxine Waters
  • Hon. Yvette Verastegui, Judge of the Superior Court
  • Hon. Stephanie Sautner, Judge of the Superior Court (ret.)
  • Hon. Efrain M. Aceves, Judge of the Superior Court
  • Hon. Mark S. Arnold, Judge of the Superior Court
  • Hon. Deborah A. Brazil, Judge of the Superior Court
  • Hon. Amy N. Carter, Judge of the Superior Court
  • Hon. Angie Reyes English, Councilwoman, City of Hawthorne
  • Hon. Lauren Weis Birnstein, Judge of the Superior Court
  • Hon. Susan J. Townsend, Judge of the Superior Court
  • Hon. Richard A. Stone, Judge of the Superior Court (ret)
  • Hon. Kathryn A. Solorzano, Judge of the Superior Court
  • Hon. Keith L. Schwartz, Judge of the Superior Court
  • Hon. Alan Schneider, Judge of the Superior Court
  • Hon. William L. Sadler, Judge of the Superior Court
  • Hon. Marsha N. Revel, Judge of the Superior Court
  • Hon. Michael J. O'Gara, Judge of the Superior Court
  • Hon. Serena R. Murillo, Judge of the Superior Court
  • Hon. Alison Matsumoto-Estrada, Judge of the Superior Court
  • Hon. Teresa P. Magno, Judge of the Superior Court
  • Hon. Michael A. Latin, Judge of the Superior Court (ret)
  • Hon. Shannon Knight, Judge of the Superior Court
  • Hon. Upinder S. Kalra, Judge of the Superior Court
  • Hon. Elden S. Fox (ret), Judge of the Superior Court
  • Hon. Eleanor J. Hunter, Judge of the Superior Court
  • Hon. Eric Harmon
  • Hon. Randolph M. Hammock, Judge of the Superior Court
  • Hon. Tamara Hall, Judge of the Superior Court
  • Hon. Andrew E. Cooper, Judge of the Superior Court
  • Hon. Mark E. Windham, Presiding Judge Airport Courthouse

Individuos (20)

  • Hon. Jane Godfrey, Commissioner Los Angeles Superior Court
  • Hon. Michael D. Antonovich, Former Supervisor, LA County Board of Supervisors
  • Hon. Robert Philibosian, Former District Attorney of Los Angeles County
  • Hon. Elizabeth M. Munisoglu, Commissioner Los Angeles Superior Court
  • Hon. Maria May J. Santos, Commissioner Los Angeles Superior Court
  • Hon. Mark T. Zuckman, Commissioner Los Angeles Superior Court
  • Dana Cole, Esq., Attorney at Law
  • Richard Hutton, Esq., Attorney at Law
  • Howard Price, Esq., Attorney at Law
  • Gregory W. Smith, Esq., Attorney at Law
  • Jamie E. Silverstein, Esq., Attorney at Law
  • Lou Shapiro, Esq., Attorney at Law
  • Robert Schwartz, Esq., Attorney at Law
  • Mieke ter Poorten, Esq., Attorney at Law
  • Michael Nasitir, Esq., Attorney at Law
  • Walter Moore, Esq., Attorney at Law
  • Robert Moore, Esq., Attorney at Law
  • Alison Margolin, Esq., Attorney at Law
  • Chris Darden, Esq., Attorney at Law
  • Michael Goldstein., Esq., Attorney at Law

Preguntas y Respuestas

Preguntas de League of Women Voters of Los Angeles County (3)

What criteria are most important for voters to use in evaluating judicial candidates?
Respuesta de David A. Berger:

Experience matters, and while experience in the legal system is a very important factor, experience with all aspects of life is equally important. I have 22 years' experience in the criminal justice system prosecuting crimes of all types. I am in court on a daily basis and have first-hand knowledge of the pain, anguish, and anxiety that all who enter the doors of the courtroom feel - whether they are victims, witnesses, family members, or persons charged with a crime. It is vital to make all who appear in the courtroom feel that justice is being administered fairly and appropriately.

 

Beyond my experience in the legal field, I am a husband and a father; having experience of the joys and frustrations of family life is an important experience to bring to the bench. I am a motorist and, yes, I got a traffic ticket that I felt I did not deserve! I also felt that the traffic court judge gave me a fair hearing, and a fair fine. 

 

Not all experiences are positive, but they are important. Sadly, I am also a victim of crime. I will never forget that feeling of utter helplessness as I sat in a courtroom watching the legal system in progress, not understanding what was going on, and not being able to have a say in the proceedings. That was before Marsy's Law (the California Victims' Bill of Rights Act of 2008) was enacted. If I am fortunate enough to be elected as Judge, I will never allow any victim to feel marginalized, ignored, and irrelevant in the way that I was.

 

My 22 years' experience has also taught me much about what can be done to prevent crime. As a prosecutor I had the unique experience of being the Alternate Sentencing Designee where I recommended sentences designed to encourage rehabilitation for non-violent offenders with substance abuse and mental health issues. I worked with the Drug Court, Veterans Court, and the Second Chance Women's Re-entry Court, to try to halt the revolving door of the criminal justice system. 

 

Experience matters and I hope voters will consider both my legal experience and my life-experience in evaluating my candidacy.

How can courts and judges better assure that all people have adequate access to legal help and the legal system?
Respuesta de David A. Berger:

How can courts and judges better assure that all people have adequate access to legal help and the legal system?

 

The Sixth Amendment to the U.S. Constitution guarantees the right of persons charged with crimes to have the assistance of counsel in their defense. Fans of crime drama tv shows probably have heard that right hundreds of times when the police question a suspect and they recite the 'Miranda' rights, you know, the part where the cop says "You have the right to have an attorney present during questioning" and "If you cannot afford an attorney, one will be appointed for you." 

 

It may not be a perfect system, but persons charged with crimes have the right to free legal help from Office of the Public Defender. However, there is no similar right for persons faced with non-criminal issues. There is no 'Office of the Public Attorney' for people faced with a multitude of problems; landlord-tenant, employment, immigration, discrimination, personal injury, and consumer rights to name but a few.

 

People with non-criminal problems currently have to find their own lawyer; either by listening to adverts, taking recommendations, or by doing their own research. It's a hit or miss process and it can be improved. While I doubt that there ever will be an Office of the Public Attorney, there are many attorneys who currently offer Pro Bono services. Pro Bono is short for pro bono publico, a Latin term that means "for the public good," and it generally means that the services are provided without charge. While pro bono services exist, many of those with non-criminal problems do not know where to find those services 

 

I believe that judges and courts can improve access to legal help and the legal system for persons with non-criminal problems by increasing the awareness of the existence of pro bono services. We live in a digital age, and most courts now have websites were people can find information. Having those websites include a page where attorneys who offer pro bono services are listed would do a great deal to increase awareness. Equally, most courthouses typically have notice boards for various matters, there should be one where attorneys who offer pro bono services are listed.

 

Courts and judges can increase awareness of the existence of pro bono services, and should be encouraged to do so.

 

 

 

 

 

Most defendants are held in County jail before trial because they are not able, due to low income or homelessness, to secure bail imposed by the Court at their arraignment.  Does California’s system of imposing bail on defendants need reform?  If so, what would you recommend?
Respuesta de David A. Berger:

Judges must consider whether the accused can afford bail, and whether any less-restrictive means than incarceration exists (e.g. electronic monitoring, drug testing) while still ensuring public safety. I would follow any further reform to bail either through the proposition process (e.g. Prop 47) or legislation (e.g. AB109).

 

As much as I would love to more fully answer this question with my recommendations, as I am a candidate for judicial office I must follow the California Code of Judicial Ethics, in particular Canon 5B(1)(a), which states that "a candidate for judicial office shall not make statements to the electorate or the appointing authority that commit the candidate with respect to cases, controversies, or issues that are likely to come before the courts." If I am fortunate enough to be elected as a judge, I will have to make rulings on bail, and that means "cases that are likely to come before the courts," so I really cannot say more, other than that I will follow such reforms as are enacted either through the proposition process, some of which have already reformed our criminal justice system as it relates to narcotics possession and theft (Prop 47), parole eligibility (Prop 57), and sentencing (Realignment AB109).

Videos (1)

— March 21, 2018 Berger for Judge 2018

On July 19, 2016 defendant James Baker contacted the victim through Instagram. The pair exchanged messages and, after seeing images on Baker's page showing him apparently leading a lavish lifestyle, she agreed to meet Baker near Los Angeles International Airport for a date. But the images on Baker's Instagram account where as fake and phony as the credit cards Baker used to pay for food and alcohol at a restaurant where she became highly intoxicated. So intoxicated that she remembered nothing after leaving the restaurant until the early hours of the following morning when she awoke to find herself lying in a pool of vomit and blood in a strange hotel room. Baker was gone, as were her cellphone and car keys. Her face had been brutally beaten. 

This case presented many challenges, none the least of which was a victim who had no recollection of what had happened to her. The jury nevertheless found Baker guilty of assault by means of force likely to produce great bodily injury, auto theft and credit card fraud.

The case highlights the dangers that social media presents when meeting people who are not what they seem to be. 

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