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."

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