Wednesday, March 4, 2020

Berger In First Place After Primary Election. Bodes Well for Runoff in November

I am delighted to have emerged from this three-way race well ahead in first place. Although the counting of ballots is not yet over, and there may be some wrinkles with the new voting system, I do not expect the results to change significantly.

Results at 4:09 AM
I offer my sincere thanks and deep appreciation to all who supported my candidacy, whether by endorsement, contribution, or vote. Of course it would have been preferable to have won outright, however, when there are two Deputy District Attorneys in the same race, it inevitably splits the vote. Nevertheless, the margin of victory over Mr. McKay, and the likelihood that those who supported Rini will now support me, bodes very well for November. 

Friday, February 21, 2020

LA Times Endorses David Berger for Judge

I am delighted, immensely proud, and honored to announce that the Los Angeles Times has endorsed David Berger for Judge of the Superior Court, Office No. 80, saying I am "Smart, and respected by judges, defense lawyers and fellow prosecutors, Berger is the best of the three candidates for this seat." Thank you to the LA Times Editorial Board for trusting me with your endorsement.
Los Angeles Times, Friday, February 21, 2020
For the 23 Judicial Candidates in the 2020 primary, the LA Times endorsed 9 after conducting extensive research and in-person interviews with all candidates. The Times Editorial Board explained their process saying “The process actually starts about two months before ballots are mailed, with the board inviting candidates to come in for interviews. Occasionally, a candidate will refuse to sit down with the board, but they’re all invited.” The full explanation of their endorsement process can be read at the LA Times by clicking here. 

The LA Times Editorial Board concluded “Berger is the best choice,” a view shared by others who have exclusively endorsed me including the Metropolitan News-Enterprise, saying: "Los Angeles Deputy District Attorney David A. Berger looms as the outstanding contender in this race. He is highly articulate, skilled at analysis, composed, decisive, and knows what he’s doing.” 

While the Times did not comment extensively on either of my opponents, the Met News did. As to Nick Rini the Met News said “his performance would fall short of Berger’s. One judge advises:“Nick Rini has a difficult personality, to be charitable. He is quick to anger, slow to cool off, and can be vindictive towards criminal defense attorneys. He appears to enjoy controlling others, keeping attorneys unnecessarily waiting for his attention. His advocacy/legal skills are questionable, rarely researching the law, and relying more on bombast and repetition than calm, sound legal reasoning.

The Met News concluded “From what we have been able to ascertain, Berger enjoys respect among deputies in the Public Defender’s Office, being seen as fair, courteous, reasonable and ethical, while Rini is viewed as dishonest, unpleasant, lazy, and hot-headed.

As to Klint McKay, the Met News seemed concerned by McKay’s record of “gaffes” and “blunders” when he initially ran against a newly appointed judge, did not appear to understand election law, and spoke on his website of seeking “appointment” by voters, rather than election. The Met News opined that if "McKay could not be careful pursuing his own interests, how can it be expected that he will be careful and attentive to the interests of others.

Given the analysis by the Met News, it is easy to see why they concluded “We wholeheartedly endorse Berger.” The full content of the Met News endorsement can be read by clicking here

Neither the LA Times nor Met New endorsements had been published when the following organizations also exclusively endorsed me, but their reasoning was likely the same:
  • Los Angeles County Democratic Party
  • Los Angeles County Federation of Labor
  • Stonewall Democratic Club
  • West Hollywood & Beverly Hills Democratic Club
  • North Valley Democratic Club of Los Angeles
  • New Frontier Democratic Club
  • Democratic Alliance for Action of Santa Clarita
  • Los Angeles Hispanic Republican Club
  • Democrats for Neighborhood Action
  • Los Angeles Police Protective League
  • Association of Los Angeles Deputy Sheriffs
  • Association of Deputy District Attorneys of Los Angeles
I am very proud of and honored by those endorsements as well as having the endorsement of 49 Los Angeles County Superior Court Judges, and other elected officials. The full list of those who have endorsed me can be found by clicking here.

These endorsements matter because they give voters independent, impartial, and unbiased information about me and, and helps to explain why so many people have concluded that Berger is the best choice for Judge of the Superior Court, Office No. 80.



Tuesday, February 11, 2020

Vote By Mail Ballots Arrive

Many supporters have been submitting photos of their Vote By Mail ballots and it's very encouraging to see and hear so much support for my candidacy. Just 3 weeks to election day, let's keep those votes coming!


And "Thank You" to the editorial board at the Metropolitan News-Enterprise for their endorsement and thoughtful analysis of the candidates for Office No. 80. 

Wednesday, January 29, 2020

Los Angeles Metropolitan News-Enterprise Endorses David Berger for Judge

Tuesday, January 28, 2020

Exactly five weeks away from the March 3, 2020 Primary Election, the Los Angeles News-Enterprise today announced its "wholehearted" endorsement of my candidacy for Judge of the Superior Court, Office No. 80.

[Click on the image to read the text]

The Los Angeles News-Enterprise, or the 'Met News' as it is known by many, is a daily newspaper primarily serving the Los Angeles legal community, and is a highly regarded source for many. The Met News is unique in that it extensively covers the bi-annual judicial elections and provides a wealth of information on judicial candidates who are subject to in-depth interviews and extensive research in the legal community as to qualities and qualifications of their candidacy.

According to the Met News "Los Angeles Deputy District Attorney David A. Berger looms as the outstanding contender in this race.

He is highly articulate, skilled at analysis, composed, decisive, and knows what he’s doing.
Another member of his office, Nick C. Rini, is also running. Rini boasts of 35 years as a prosecutor, contrasted with Berger’s 24 years. While the respective length and breadth of candidates’ job experiences is meaningful, the mere fact of seniority of one over the other in a particular office cannot reasonably be construed, as Rini portrays, as establishing superior skills.

Rini, a journeyman prosecutor, possibly could handle the job of a judge. But, his performance would fall short of Berger’s.

There are mixed reviews of Rini. He has favorable office evaluations. One judge terms him a “very competent and conscientious lawyer,” while another advises:
“Nick Rini has a difficult personality, to be charitable. He is quick to anger, slow to cool off, and can be vindictive towards criminal defense attorneys. He appears to enjoy controlling others, keeping attorneys unnecessarily waiting for his attention. His advocacy/legal skills are questionable, rarely researching the law, and relying more on bombast and repetition than calm, sound legal reasoning.”
From what we have been able to ascertain, Berger enjoys respect among deputies in the Public Defender’s Office, being seen as fair, courteous, reasonable and ethical, while Rini is viewed as dishonest, unpleasant, lazy, and hot-headed.

Klint James McKay is the third contestant. He does have judicial experience—of sorts. McKay is an administrative law judge for the California Department of Social Services. He is a delightful gentleman, and no doubt sincere. But among the three contestants, he’s a distant third.
It is natural that an ALJ in Sacramento, handling Affordable Care Act appeals, would, offhand, lack savvy in election law and not know much about Los Angeles races for Superior Court posts. However, it might well be expected that someone who enters a race for such a post would do some boning up.

McKay’s gaffes in 2018—when, for a brief spell, he ran against a randomly targeted incumbent because he didn’t know there were 10 open seats that year—and his blunders this year, including filing papers for an office for which he was not eligible, demonstrate that he is simply not careful.
So sloppy is he that he even states on his campaign website that he is seeking “appointment,” rather than election to the Superior Court.

If he is not careful in pursuing his own interests, can it be supposed that he would display adequate attentiveness to matters, often of vital consequence to parties, that would come before him if he were a Superior Court judge?

We wholeheartedly endorse Berger."



Tuesday, January 28, 2020

The Stonewall Democratic Club Endorses David Berger for Judge of the Superior Court

I am immensely proud, honored, and frankly humbled to announce that the Stonewall Democratic Club has endorsed my candidacy for Judge of the Superior Court.


This endorsement came as a result of the support and encouragement that I received from friends in the LGTBQIA community who urged me to seek that endorsement, and who attended the endorsement meeting tonight and spoke on my behalf. So thank you, John Duran, Steve Martin, and Michael Kraut for your support and belief in my candidacy. I will not disappoint you.

Sunday, January 26, 2020

LA County Bar Association Rates David Berger Qualified for Judge of Superior Court

The Los Angeles County Bar Association has now made public its ratings for judicial candidates and I am delighted to report that I have received a 'Qualified' rating.



During the rating process, the Judicial Elections Evaluation Committee of the Los Angeles County Bar Association contacts over 75 people including judges, attorneys, supervisors, and co-workers who have personal knowledge of the candidate. That is followed by an intense personal interview of the candidate. The final results an evaluation, which in the case of my "Qualified" rating indicates that  I "possess professional ability, experience, competence, integrity and temperament indicative of fitness to perform the judicial function satisfactorily." High praise indeed, and I am deeply appreciative of the evaluation.

Note: The full text of the LACBA rating can be viewed by clicking on the image above.


Saturday, January 18, 2020

Los Angeles County Federation of Labor Endorses David Berger for Judge of the Superior Court

I am both humbled and honored to have received the endorsement of the Los Angeles County Federation of Labor AFL-CIO in support of my candidacy for Judge of the Superior Court, Office No. 80.


The Los Angeles County Federation of Labor is the second largest union in the United States, with over 800,000 members in Los Angeles County, spread among 300 unions including Health Care workers and Teachers. This endorsement is exclusive to me - no other candidate for Judge of the Superior Court, Office No. 80 has received this endorsement. Knowing that my candidacy has the support of 800,000 Los Angeles County Federation of Labor members is an awesome boost to my campaign, with just six weeks to go before the Primary Election.

LA County Democratic Party Endorses David Berger for Judge of the Superior Court

I am delighted to announce that after an intense and rigorous interview process, I have received the endorsement of the Los Angeles County Democratic Party.


I am the only candidate for Office No. 80 to have been endorsed by the Los Angeles County Democratic Party, and while judicial elections are non-partisan, this endorsement is nevertheless greatly appreciated and adds tremendous momentum to my campaign. The election is fast approaching and it is gratifying to see the growing support for my candidacy.