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<\/p>\nFresno County\u2019s judicial bench does not reflect the diversity of the community it serves. Publicly available court rosters show that the bench remains overwhelmingly European American, despite a population that is not.<\/p>\n
<\/p>\n
By Gabriel Suarez<\/p>\n
Opinion\u00a0<\/p>\n
That disparity alone raises questions about representation. More troubling, however, is a pattern of familial relationships and insider advancement that, at a minimum, creates a serious appearance of impropriety\u00a0under widely accepted principles of judicial ethics.<\/p>\n
Judges are not only required to follow the law; they are required to avoid circumstances that reasonably call their impartiality or independence into question. Public confidence depends on that standard being met.<\/p>\n
The following relationships and actions are matters of public record or publicly observable election activity:<\/p>\n
\u2014 Jennifer Hamilton serves as a court commissioner and is currently a judicial candidate. During her recent campaign, she did not receive an endorsement from La Raza Lawyers of Fresno. Her husband,\u00a0Jeff Hamilton, is the presiding judge of the Fresno County Superior Court. As presiding judge, he holds administrative authority over court assignments and the commissioner system.<\/p>\n
\u2014 Daniel J. Brickey, a court commissioner and judicial candidate, has a sibling, Judge Gabriel Brickey, who is on the Fresno County bench. During his tenure as a commissioner, Mr. Brickey was assigned a felony criminal trial by Judge Hamilton. Such assignments are uncommon for commissioners and are typically associated with building credentials (which is relevant to a judicial campaign). Public court calendars and case assignments reflect that judges of color are less frequently given comparable felony trial opportunities.<\/p>\n
\u2014 Noelle Pebet, a court commissioner, is publicly identified as a niece of\u00a0Judge Michael Idiart, a relationship that has been widely acknowledged within the local legal community.<\/p>\n
\u2014 Heather Mardel Jones\u00a0is a sitting judge in Fresno County and is married to Fresno County\u00a0Judge Sam Dalessandro, a fact reflected in publicly available biographical information.<\/p>\n
\u2014 Marc\u00a0Kapetan\u00a0is currently running for judge. His brother\u00a0Jon Kapetan is a retired judge, and his brother Peter\u2019s wife is Kristi Culver Kapetan, a Fresno County judge, according to publicly available judicial rosters.<\/p>\n
\u2014 \u00a0Justice Donald Franson Jr.\u00a0previously served on the Fresno County Superior Court before being elevated to the appellate bench. His father,\u00a0Donald Franson Sr.,\u00a0also served as a judge in Fresno County and later sat on the California Court of Appeal. The father-and-son progression from the same local bench to the same higher judicial office further illustrates how judicial advancement in Fresno has often occurred within a small circle of established family connections.<\/p>\n
\u2014 Judge Arlan Harrell\u00a0served on the Fresno County Superior Court before his elevation to the California Court of Appeal. His brother,\u00a0Judge Alvin Harrell, later became a judge on the Fresno County bench.<\/p>\n
\u2014 Justice James Ardaiz\u00a0served on the Fresno County Superior Court before his elevation to the California Court of Appeal. His brother-in-law is\u00a0Marvin Baxter, a former justice of the California Supreme Court. While each appointment is lawful on its own, the family connection contributes to the appearance that judicial advancement in Fresno and beyond has long operated within a tightly connected network rather than through fully open and competitive processes.<\/p>\n
\u2014 Judge Elizabeth Egan\u00a0just announced her retirement. She is the sister of retired Fresno County\u00a0Judge Timothy Kams.<\/p>\n
No single relationship, standing alone, establishes wrongdoing. Judicial ethics, however, are explicit that judges must avoid not only actual impropriety, but also the appearance\u00a0of\u00a0impropriety.<\/p>\n
When multiple familial relationships converge with discretionary assignments, unopposed elections, and administrative control concentrated in a small group, the cumulative effect is difficult to dismiss as coincidence, especially with a concentration of family members in such a large and diverse population.<\/p>\n
Recent Events Invite Scrutiny<\/p>\n
Recent election activity has intensified scrutiny. Multiple judges publicly stated they were not retiring, only to later\u00a0withdraw their candidacies at the filing deadline\u00a0(\u201cpull papers\u201d).<\/p>\n
Shortly thereafter, commissioners and certain attorneys entered the races for the vacated seats. The sequence of these events is documented in election filings. While such maneuvering may comply with the letter of election law, the timing reasonably raises questions about insider knowledge and whether the process meaningfully invites competition.<\/p>\n
Judicial legitimacy depends not only on legality, but on public trust. When advancement appears intertwined with family ties, when opportunities are unevenly distributed, and when elections proceed without genuine competition, confidence in the system erodes.<\/p>\n
Fresno County deserves a judiciary that meets the highest ethical standard, one that is transparent, impartial, and demonstrably independent. Fresno deserves better.<\/p>\n
About the Author<\/p>\n
Gabriel Suarez, M.A.E., is a Fresno-based community advocate who focuses on social justice, equity, and accountability in public schools and local government. He writes about institutional decision-making and its impact on public trust and the overall well-being of the Central Valley community.<\/p>\n
Make Your Voice Heard<\/p>\n
GV Wire encourages vigorous debate from people and organizations on local, state, national, and international issues. Submit your op-ed or letter to bmcewen@gvwire.com for consideration.<\/p>\n
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