2022 election: Q&A with Michael Flemming, candidate for Superior Court Judge, Office 35


Q: Please discuss your legal background and why you are certified to be a judge.

A: I have actually been a deputy public protector for the previous 8 years where I have actually attempted roughly 40 trials to decision. In 2016, I was granted the William Fletcher Award by the North County Bar Association for outstanding indigent defense. I am a commissioner for the city of Vista’s Neighborhood Advancement Block Grant Commission, which grants financing from a Real estate and Urban Advancement grant to regional nonprofits that resolve homelessness, drug abuse and gang avoidance for the residents of Vista. I have actually worked with the Durability Task to assist produce uniformed authorities residents’ evaluation boards throughout San Diego County to supply residents an online forum to report unfavorable encounters with police. And I have actually worked with Fresh Start Clinics and Veterans’ Stand Downs to assist indigent residents deal with exceptional cases and clean their previous rap sheets.
Prior to ending up being a deputy public protector, I invested roughly 5 years as a civilian law clerk for the United States Marine Corps’ Commandant’s Counsel at Camp Pendleton, where I was appointed to the Labor & & Work, Lawsuits, and Principles area.
While in law school, I was a legal fellow in then-Sen. Barbara Fighter’s San Diego district office where I was appointed a portfolio consisted of intelligence, defense, foreign relations and judiciary concerns. Prior to interning for Sen. Fighter’s district office, I was a legal fellow on Capitol Hill, working for then-Senate Bulk Leader Harry Reid’s office, where I was appointed to the Democratic Policy Committee.

Q: Why are you seeking this position?

A: As a deputy public protector and the only candidate in this race who specifically practices in San Diego Superior Court, I am privy to a lot of our regional system’s weak points. And, while I am not selfless sufficient to think that when chosen, I would have the ability to ideal every incorrect, I do want to be an “representative of modification” who approaches each case with an open mind and practical options.
Frequently, I see the very same culprits returning time and once again just with ever more severe charges instead of taking advantage of a system that is structured to assist in a reintroduction. In addition, prison is being utilized to house individuals with mental disorders instead of jail our most harmful culprits.
Therefore, when chosen, I prepare to use a reasonable and simply method to a lot of the legal concerns challenging our society. I acknowledge that Drug Court, Veterans Court, Homeless Court and Behavioral Health Court are greatly underutilized regardless of the genuine modification these courts supply for our homeless, veteran, psychologically ill and drug-addicted populations. As such, I would freely think about utilizing these programs, on a case-by-case basis, to stop the “revolving door” of imprisonment and “pipeline to jail” that affects our most challenged populations.
To achieve this, I intend on looking for the aid of probation officers, psychological clinicians, drug abuse assessors and neighborhood outreach companies, currently in location, to establish imaginative and reliable ways of favorably helping those populations.

Q: What is your judicial viewpoint? What are the directing concepts that will form your judgments or beliefs as a judge?

A: I am a “non-constructionist,” therefore I think that the United States and California Constitutions are living files that adjust to alter as our society continues to progress. Public security and equity are not completing perfects in my project. I think in criminal justice reform. I highly think that all litigants deserves their “day in court” and the right to be heard in a totally unbiased online forum. These are all concepts that I worth and will promote in my own courtroom, when chosen.
I prepare to secure public security and push for justice reform by utilizing our underutilized Collaborative Courts. When chosen, I want to end up being a specialist in our Collaborative Courts and other reformation programs. Preferably, I prepare to end up being a judicial officer who trains other judges on the very best methods to produce and utilize these programs effectively and cost-effectively.
To achieve this, I prepare to partner with grant authors from San Diego County and other locations of California to protect financing to broaden such programs. While on the bench, I prepare to dedicate myself to establishing a level of know-how that would enable me to recommend the California State Legislature, the Guv’s Office or Congress on the most reliable practices of these courts. Eventually, I want to one day be selected as a future guv’s judicial visit secretary, helping the state of California in picking similar jurists.

Q: When do you believe it’s proper to restrict video cameras or audio recorders in the courtroom? Post-pandemic, do you believe virtual hearings should continue, and under which scenarios?

A: I believe that it is proper to restrict video cameras or audio recorders in the courtroom when it bias procedures. For example, revealing an offender’s face on the news or tape-recording his/her voice when identity is at problem, revealing a victim’s or witness’ face who fears retaliation for taking part in a matter or revealing a kid’s face who is affirming as a victim in a kid molestation case need to be restricted.
Throughout the pandemic, we have actually seen that virtual hearings can be extremely beneficial in court procedures. Yet to secure all celebrations’ humans rights, I think that virtual hearings need to be restricted in criminal procedures to arraignments and felony preparedness conferences. On the other hand, I feel that initial evaluations, movement hearings, sentencing hearings and trials need to be held live.
On the other hand, virtual looks need to stay an alternative for civil and household law cases. Not just do virtual hearings alleviate expenses, they likewise minimize court stockpiles by permitting courts to resolve more cases at a time and significantly improve access to the courts for numerous in our neighborhood with movement concerns.

Q: Has your view of the criminal justice system altered because the racial numeration that followed the death of George Floyd in 2020? If so, how?

A: No. While maturing in Gulfport, Miss., I saw racial predisposition in our justice system and acknowledged that our justice system has actually long required modification. Prior to 2020 and the George Floyd case, there have actually been many events both nationally and in your area that assistance modification. Yet the George Floyd case has actually shined light on our criminal justice system and opened a discussion for significant modification.
Through the Floyd case, we as a society have actually started to acknowledge that race is a problem in our criminal justice system. As such, we have actually made strides to fix up predisposition and unreasonable treatment based upon race. Yet as a society, we still require to move from a “hard on criminal activity” position to a “wise on criminal activity” position by booking jail for our extremely worst and violent criminal activities. This need to be paired with securing public security by utilizing cash conserved from options to imprisonment to restore our nonviolent homeless population, veterans, individuals with mental disorders and addicted culprits. Lastly, the Floyd case has actually highlighted the significance of being alert residents and has actually likewise revealed that we should hold police liable when law enforcement officers are implicated of breaking the law.

Q: Why should citizens pick you over your challengers in this election?

A: Unlike both of my challengers, I am not a district attorney. Rather, I am an attorney who has actually invested my profession safeguarding the Marine Corps, our next-door neighbors and our most marginalized residents. So I comprehend the significance of stabilizing public security and private rights. Presently, the bench is extremely filled with previous district attorneys who bring their experiences and understandings to bench. I would be the very first deputy public protector chosen to San Diego Superior Court, bringing a various view and important point of view to judicial decision-making procedure.
Additionally, since I am the only candidate in this race who specifically practices in San Diego Superior Court, I recognize with the weak points in our regional justice system. Since of my point of view and experience as a deputy public protector, I understand the actions required to resolve the underlying reasons for criminality and the difficult expenses of recidivism. And since of my experience, I have the institutional understanding required to carry out actions that will assist members of our neighborhood make enduring modifications, eventually leading to their leaving the criminal justice system so that they can rejoin our neighborhood as positive members of society.
For these factors, I would be humbled and honored to make your readers’ vote in this election.

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