David Berger Declares Victory in Election for Judge of the Superior Court, Office No. 80

 I am delighted to report that, according to the the latest ballot count, I am so far ahead of my opponent that it is now statistically impossible for the outcome of the election to change. I am therefore declaring "Victory" and am proud to say that the election is over with David Berger set to become Judge of the Superior Court on January 4, 2021.

I thank all the many people who helped me along the way to becoming the first elected English-American Superior Court Judge in Los Angeles County, and to the voters of Los Angeles County for their faith and belief in me.

&tc.

Metropolitan News-Enterprise Renews Endorsement of David Berger for Judge

 The Los Angeles News-Enterprise, one of the leading legal newspapers in Los Angeles, has renewed their endorsement of David Berger for Judge.

In making their endorsement, the Met-News said "Deputy District Attorney David A. Berger is the clear choice for this office. He has more than two decades of courtroom experience, possesses exceptional skills in analysis and communication, and is composed and decisive. Berger knows what he’s doing.

Klint James McCay, a Sacramento-based administrative law judge for the California Department of Social Services, is well-meaning and gentlemanly. But he’s a clueless blunderer, lacking the talents necessary for the office he seeks."

You can read all their judicial endorsements at the Los Angeles Metropolitan News-Enterprise.

&tc.

Daily Bruin Endorses Berger for Judge

With just three weeks to Election Day my campaign continues to gain momentum with the exciting announcement that the Editorial Board of the Daily Bruin has endorsed David Berger for as Judge of the Superior Court, Office No. 80.

Explaining why the Daily Bruin endorsed me, they said:

“Yes” on David Berger for Superior Court of Los Angeles County, Office 80

David Berger has actively worked to put individuals through rehabilitation programs throughout his career.

The editorial board endorses Berger both for his dedication to rehabilitation over incarceration and his 24-year history with the district attorney’s office.

As an alternative sentencing designee for the district attorney’s office, Berger facilitated a process that helps people convicted of nonviolent crimes dismiss their cases. In partnership with Community Collaborative Courts, Berger helped develop a process to reintegrate people into their law-abiding lives with dismissed cases.

Klint McKay, Berger’s competitor, also has years of experience under his belt. While also held in high respect, the board finds McKay’s vague campaign priorities do not demonstrate the same dedication to the public interest as Berger’s.

Berger’s vision is clear: He hopes to use his appointment as judge to further rehabilitation efforts.

&tc.

Los Angeles Times Endorses David Berger for Judge - "The Better Choice"

 In the March 3, 2020 primary election the Los Angeles Times endorsed David Berger for Judge. Much has changed in our world since then and rather than simply repeating their endorsement, the LA Times took the time and trouble to re-examine all the candidates for the November 3, 2020 general election to see which of the candidates are best suited to handling the challenges of our changed world. 

The Times stated that they had made their endorsement of judicial candidates "according to the qualities we deem essential: integrity, intelligence, compassion, knowledge of and respect for the law, and an ability to run a courtroom with a sense of fairness." I am delighted to say that the Times renewed their endorsement of David Berger for Judge.

The LA Times joins the vast majority of individuals, organizations, and civic leaders in concluding that "Berger is the better choice" for Judge of the Los Angeles County Superior Court, Office No. 80.

&tc.

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. 

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."