Hugh Swift - Calaveras County Superior Court Judge Dept 2 candidate interview

For which department is your candidacy?

Department Two, where I currently serve as Superior Court Judge.

How long have you resided in Calaveras County?

I have lived and raised my children in Angels Camp since 1999.

What are your qualifications?

I was appointed as a judge after I was evaluated by an independent commission.  The commission contacted attorneys, judges, former employers and employees regarding my qualifications and suitability as a judge.  The commission rated me as qualified after it considered criteria such as impartiality, integrity, honesty, freedom from bias, commitment to equal justice, patience, intellectual capacity and judicial temperament.

My legal career began 28 years ago. As an attorney in private practice, I represented clients in hundreds of cases.  My litigation experience included arbitrations, mediations, jury and court trials, and appeals.  As an attorney for the court, I researched legal issues in every type of case that a judge would hear.

I was a Superior Court Commissioner for five years and presided at over 3,000 hearings as a Judge Pro Tem.    

I was a Court Executive Officer for 11 years and developed a thorough understanding of judicial administration and court operations.

I have been endorsed by Presiding Judge John E. Martin and my predecessor Judge Douglas Mewhinney.   They know me and are familiar with my skills, abilities and character. I am proud to list them, as well as many other judges throughout the state, as supporters. 

What are your greatest strengths?

I am independent, analytical and objective. I am focused on facts and, while performing my duties as a judge, do not involve emotions in my decision making process.    

I am a demonstrated leader. When Judge Martin leaves office at the end of the year the Court, as an organization, will require a leader knowledgeable in judicial administration and court operations.

I value collaboration and have worked with local and state agencies on projects to improve the administration of justice.  

What are your greatest weaknesses?

Like everyone, I have weaknesses.  To the extent I am aware of my weaknesses; I make a conscious effort to work on improvement in those areas.

Do you feel you can be impartial?

The integrity of our judicial system requires judges to make decisions free from political and popular influence.  As a sitting judge I have proved I am independent and rely only on the evidence and the law in making my decisions.  

Why have you chosen to be a candidate for civil/criminal superior court judge?

There are two judges in our Court and both judges must be able to hear more than just civil and criminal matters.  In Department Two, I currently hear a variety of different types of cases, including civil, traffic, family law, probate, Drug Court, domestic violence and unlawful detainer cases.

Based on my judicial experience I understand the impact the decisions I make have on the parties, their families and the community.  I have the knowledge, training and experience to make these types of decisions. It was an honor to be appointed to this position and to be given the opportunity to use my legal training and knowledge to serve the citizens of Calaveras County.

What do you perceive as the greatest obstacles to justice within our County?

I believe a lack of adequate funding will continue to be a significant barrier to justice. The Court’s budget has been reduced by approximately 25% since fiscal year 2007-08.  This has caused the court to reduce service by requiring job furloughs, court closure days and reduced hours.  I am concerned that further cost savings measures may be necessary next year.

Access to justice requires the court to be open and adequately funded so it can respond to the legal needs of the community.  For example, if a person is unable to file a request for a domestic violence restraining order or pay a traffic ticket, because the court was closed due to a lack of funding, their access to justice has been limited.

I am committed to maintaining and increasing access by developing innovative approaches to address the Court’s funding issues, which would include leveraging technology and a more efficient use of existing resources. 

How would you address the perceived rise in juvenile crime?

As a parent and member of the community, reducing both juvenile and adult crime is important to me.  However, as a judge, my role is to apply the law to cases that come before me.  I would defer to law enforcement agencies and the Juvenile Justice Coordinating Council to develop strategies for addressing increases in juvenile crime. 

Do you support specialty courts? (Please explain your answer and define which specialty courts you would like to see continue or implemented in Calaveras County.)

Yes.  I support specialty courts and currently hear Drug Court cases.

The progress and success of Drug Court participants is very encouraging.  More importantly, specialty courts have been shown to reduce rates of recidivism and increase the offender’s likelihood of successful rehabilitation. 

I know Veterans Courts and Mental Health Courts have been  successful in other counties and states.  Assuming there is a verified need, an adequate source of funding can be identified and there is a consensus among all stakeholders, I would support implementing other types of specialty courts. 

What is your general judicial philosophy?

To always be mindful that a judicial office is one of public trust.  In order to maintain the public’s trust in the justice system, judges must treat all parties with dignity and respect, apply the law fairly and rely only on the facts before the court when deciding cases.  Judges must be independent and cannot be influenced by political ideology, special interests or pressures from the other branches of government. 

Would you favor or oppose a system in which all sentencing decisions were routinely reported in local newspapers, indexed by the name of the judge?

The Court maintains a record of proceedings in all criminal cases, including sentencing proceedings.  These records are currently available to the public and the media for inspection and copying.

Have you ever been disciplined by the State Bar association?

No. 

What are your outside interests?

I enjoy spending time with friends and family, as well as watching my daughters play soccer, volleyball and dance.

I enjoy riding horses, hunting and hiking.

I am a member of the board of directors of Mind Matters Clinic, a non-profit organization that provides a range of services to children and families facing the challenges of ADHD, autism spectrum disorders and learning disabilities.  

At this point I will allow any additional information the candidate would like to disseminate to the public within the parameters of the judicial canon, limited to 200 words.

I believe a fair, unbiased and transparent process is not only important to the people who appear before me, but also to the integrity of the legal system, which is based upon the principle of equal justice for all. For our democracy to function as intended, the public must feel confident that judges respect the law and will apply it fairly, regardless of personal or political consequences.

The citizens of Calaveras County expect and deserve judges committed to safeguarding the right to equal access and treatment before the court. As judge I am committed to serve with integrity and humility. I pledge to work diligently, to apply the law fairly and to be patient and respectful to those who appear before me.

Moving forward, our Court needs leadership and experience.  I am the only candidate with experience on the bench and I am the only candidate with intricate knowledge of court operations.

I respectfully ask for your support in the June 3, 2014 primary election for Superior Court Judge, Department Two – the seat that I currently hold.  For more information, please visit my website
www.HughSwift.com