Robes are being ruffled as a former county supe and a well-liked deputy DA vie for a District 10 judgeship.

Photo by: Randy Tunnell

Photo: Deputy District Attorney David Alkire is campaigning for a Superior Court seat now held by Judge Jose Velasquez.

A few short months after the celebratory confetti hit the ground following Superior Court Judge Jose Velasquez''s slim victory over then-Judge Lydia Villareal in 1995, Velasquez was mired in controversy. Critics were outraged when he hung a crucifix in his courtroom, and more so when he disparaged fellow judges and local lawyers.

"There is an actual conspiracy between several members of the Municipal Court bench and Superior Court bench," he said.

In a television interview, Velasquez claimed that four of his fellow Superior Court Judges were racists. "They distaste me, and have publicly tried to humiliate me with the intent to assassinate my character and to disparage my reputation," he said.

A complaint was brought before the Commission on Judicial Performance charging him with misconduct. At the conclusion of the investigation, the Commission said that Velasquez'' actions were "prejudicial to the administration of justice, and bring the judicial office into disrepute." Velasquez was censored-the first and only time such an action was taken against a Monterey County judge.

Velasquez remained on the bench after his public censure, but the incident sparked the interest of would-be challengers-particularly Deputy District Attorney David Alkire and former County Supervisor Marc Del Piero.

"I decided to run because someone had to do it," Alkire says, almost jesting. "I asked around and couldn''t find any capable lawyer planning on running against him."

Alkire says voters in the county deserve to have a judge on the bench who isn''t an embarrassment.

Alkire believes that he himself is capable. The Yale and Stanford grad has been practicing law in the state for 29 years. As a private attorney and then as a deputy district attorney for Monterey County, Alkire says, he established a record of success both prosecuting and defending cases, including death penalty cases. He has tried cases in Federal as well as State courts.

"It''s certainly impressive," says Marc Del Piero of Alkire''s record. Del Piero, a former County Supervisor and member of the state water board, is running against Alkire and Velasquez for the District 10 seat. While Del Piero and Velasquez have taken turns bashing each other, each has praised Alkire.

Andy Russo, Velasquez'' paid campaign consultant, says of Alkire: "At least he has legal and courtroom experience." He refers to Del Piero-who admits to having absolutely no trial experience-as a "rookie."

Having never held public office, Alkire has not had a chance to develop a controversial record. Del Piero was embroiled in controversy when a 1996 Los Angeles Times article claimed that he was fast-tracking a permit to take water from the Carmel River for his friend Clint Eastwood. The article pointed to Del Piero procuring "special treatment" for friends.

"Rumor and innuendo is all that is," Del Piero says. "The article also said I play golf with Eastwood. But I don''t even own clubs."

A life-long resident of Monterey County, Del Piero says he gained relevant experience in his more than seven years on the powerful State Water Resources Control Board, a board he says "follows the same rules of court" as a state Superior Court.

Del Piero, licensed to practice law since 1980, is also an adjunct professor at Santa Clara University, where he teaches water law. He says he has consulted with members of the Monterey County bench who have indicated a willingness to help him get up to speed with the current functions of the Court.

Courtroom experience is not something Judge Velasquez lacks. Russo says that Velasquez, who, prior to taking the bench, was in private practice in Salinas and also worked as a real estate broker, "has rendered thousands of decisions."

Velasquez says that Del Piero is an attorney in name only, virtually disqualifying him from the race.

"He''s a professional politician," Velasquez says, "and he has little if any legal experience."

Del Piero shrugs off Velasquez'' comments. "Judge Velasquez is attempting to place labels on individuals. And he''s hardly a good judge of my character-or of other things."

Velasquez, who sits as a volunteer on the board of directors for the Monterey Rape Crisis Center, admits he had a "rough" beginning. But he says he''s made amends with his colleagues.

"There''s no judge on the bench that I wouldn''t go to for advice if I felt I needed it," he says. "And it''s mutual. I''m here for them as well." Russo points out that Judge Gary Myers and Judge Jonathan Phillips have endorsed his candidate for the position.

Russo did not list any of the judges involved in the public censure.

Alkire, with three published opinions under his belt, says that Velasquez isn''t suited to be sitting in judgment of others.

"The first thing he did when he got on the bench was make bad judgments," he says.

But Velasquez thinks voters will see beyond it.

"I''ve made mistakes, and I can''t and won''t minimize them," he says. "It''s all my opponents are going to focus on because it''s all they''ve got. But I praise Alkire, a newcomer to Monterey County, for the fine work he''s done for the county.

"And while I''m not perfect, I''m also hard-working and competent, and seasoned"-a quality which, he says, Del Piero lacks.

When asked about his trial experience, Del Piero says "It depends on what your definition of ''trial'' is."

Del Piero goes on to say that neither of his opponents have any experience with water rights issues, but admits that isn''t something Superior Court judges face on a regular basis. He does point out that he has served as a hearing officer for water rights cases affecting millions of individuals. But he concedes he has not tried any cases in any superior or municipal court in California or any state-a rare situation for a Superior Court candidate.

Nevertheless, long-time friend and fellow former Monterey County Supervisor Sam Karas says he has no doubts about Del Piero''s suitability for the bench. "For years on the Planning Commission, he made decisions that would be comparable to decisions judges would make," Karas says.

"What it comes down to," Alkire says, "is that this election is about competence, experience and professionalism."

Doctors on Duty CEO and former colleague Mike McMillian thinks Alkire is the one for the job. "He''s brilliant, firm, fair and consistent and has two to three times the experience his opponents do."

"This is his passion," McMillian says of Alkire. "And there''s just no one better for the job."