Among the 50 states, California has a unique system for selecting Superior Court (or equivalent) judges. Usually when there’s a vacancy, the governor appoints the new judge, who must face voter approval at the next election, then stand for reelection every six years.
An odd election this year in Orange County is for Office No. 13, for which there is no incumbent. That’s because last September, Orange County Superior Court Judge Jeffrey Ferguson, 74, was sentenced to state prison for 35 years to life for killing his wife, Sheryl Ferguson.
Both candidates on the June 2 ballot are listed as “Senior Deputy District Attorney, County of Orange” on their ballot designations. Ann Cho has served for 18 years, and Robert Mestman for 20 years. Cho attended UC Berkeley for undergrad, and UC Hastings Law School, since renamed UC Law San Francisco. Mestman attended Northwestern for undergrad, an MBA and Law School. Although this is a nonpartisan office, both are registered Democrats.
A major question for prosecutors aiming for the other side of the bench is how they can maintain objectivity in cases. “We need to make sure constitutional rights and due process are followed, because there needs to be integrity in the system,” Mestman told me. “If we don’t have those protections in place, people will lose faith in the criminal justice system. And without people’s faith, the whole system will fall apart.”
Cho said, “I’m really committed to the rule of law, to being disciplined, to look objectively at all the facts and to take my role seriously.” She said, as a prosecutor, she makes a decision to prosecute based on, “Can I prove this beyond a reasonable doubt? Without being committed to the rule of law, you can’t be consistent. Because you’re using something else to make a decision that is going to have an incredible impact on so many different people.”
Mestman’s background primarily has been in criminal prosecutions. He prosecuted the 2016 case of Christopher Joseph Lanzillo, convicted for illegal surveillance and reporting false crimes by two Costa Mesa council members, Jeff Righeimer and Stephen Mensinger, and attorney Robert Wexler. Lanzillo was working for a law firm retained by the Costa Mesa Police Officers’ Association.
Cho has prosecuted major fraud cases, meaning more than $100,000. And earlier in her career it was sexual assault cases, which she said were “serious, very sensitive cases,” especially because in some instances it was difficult to obtain solid evidence for a conviction.
Law today is highly specialized. The presiding judge, currently Sheila F. Hanson, decides the field over which a new judge presides.
On potential gaps in experience after appointment, Cho said she already has been talking with judges about their fields, such as family law. And in Oct. 2024, she attended the weeklong course for aspiring judges at the National Judicial College in Reno, Nev. She took courses “on what it means to be a judge, dealing with the media, managing public pressure, judicial security and the effect that becoming a judge has on your family safety.”
Mestman said, “There’ll be a learning curve, but I’m confident I can work hard, keep my head down, and learn new law, whatever the subject is.”
As with everything, artificial intelligence is invading courtrooms. In a recent Georgia case, a prosecutor cited a case that turned out to have been manufactured by AI.
Mestman said he heads the DA’s AI committee. “It’s the future,” he said. “I think the positive is, it could help, especially with backlogs and limited resources, by making courts more efficient. The two most important things are transparency and confirmation.”
From the bench if she’s elected, Cho said, “If something were put before me that obviously was not real case law, there’s a requirement for the court to make sure the integrity of the process is upheld.” She said she would be prepared to sanction attorneys who abused AI.
Both of these candidates are qualified for the bench. But for his prosecution of the case involving police abuse of power, a major cause for our Editorial Board, I’m voting for Mestman.
John Seiler is on the SCNG Editorial Board