Fresno’s Courts: A Cesspool of Nepotism

Fresno County is one of the most diverse counties in California. But you wouldn’t know it by looking at our judges. While our neighborhoods are a mix of cultures and backgrounds, with a Latino population now above 53%, the bench does not reflect that. Here, the “good ol’ boys” system remains overwhelmingly white, Republican and, most importantly, related.

It’s not just a lack of diversity. It’s a closed loop. It’s a system of nepotism that shuts out talented local lawyers to keep the “chosen” insiders in power.

Here’s how they do it. Sitting judges wait until the absolute last second to announce they’re retiring. It’s no accident. By dragging their feet, they block the governor from appointing a replacement. Instead, they “hand off” the seat to a pre-selected favorite (usually Republican).

While everyone else is left in the dark, these insiders are being spotlighted behind closed doors. We’re seeing a clear “prosecutor-to-bench” pipeline where those in the District Attorney’s Office, who already work hand-in-hand with police and the very judges they want to join, get an unfair head start along with relatives, usually Superior Court commissioners, of sitting or retired judges.

These favorites get handed the sweet assignments, such as the rare felony trial likely handed to Commissioner DJ Brickey by Presiding Judge Jeff Hamilton, just to pad a resume. By the time an outsider even hears about an opening on the bench, the window is almost closed. Insiders get an unfair head start while the outsiders are lucky to even get their application in on time.

Check the names on your ballot on June 2. It’s a tangled web of family connections:

• The Hamiltons: Commissioner Jennifer Hamilton (Presiding Family Court Judicial Officer where she is in charge of judges higher than her) is running for judge while her husband, Jeff Hamilton, is the Presiding Judge. He literally runs the system and most likely played a large part in his wife becoming a commissioner.
• The Kapetans and Brickeys: Marc Kapetan is trying to join his sister-in-law, Judge Kristi Culver Kapetan. His brother, Judge Jon Kapetan, is now retired or else there might be three Kapetans on the bench at the same time. Commissioner Daniel Brickey is joining his brother, Judge Gabriel Brickey, on the bench because no one ran against him.
• Noelle Pebet is Judge Michael Idiart’s niece, a relationship widely acknowledged in the local legal community.
• The Legacies: There are other sets of relatives like the father and son Fransons and the brothers-in-law Ardaiz/Baxter who followed each from the Fresno bench to the higher courts of California.

Jennifer Hamilton, Daniel Brickey, Marc Kapetan and Noelle Pebet make four people running for judge who are related to someone on the bench. There are seven open seats. When the bench starts looking like a family reunion, the public loses. A judge seat should be a public office, not a family heirloom.

If you aren’t in the inner circle, the system tries to price you out. The filing fee just to apply for running is $2,500. This fee can be waived if 2,500 signatures are collected, but the window of opportunity to collect these signatures is often so small that it is an impossible task to fulfill (remember that judges wait till the last minute to announce their retirement so Democratic governors cannot choose their replacement).

In addition, it costs $6,000 to put a 200-word statement in the voter mailer. The mailer is about the only way a candidate can share some of their background with all of the registered voters in the county. Without this statement, most voters will not even take the candidate seriously.

Therefore, it costs $8,500 just to look like a serious candidate. Because the insiders get inside information early, they can save up and gather the signatures or the sponsors to help pay for these restrictive fees.

Another way the good ol’ boy network maintains its grip on the court is through the strategic withholding of information. All judicial candidates are legally required to complete a Judicial Election and Campaign Ethics course. Failure to do so can disqualify a candidate.

Shockingly, the Fresno County Registrar of Voters’ office is usually unaware of this mandatory requirement, so the only way to learn about it is through inside information from a judge. By keeping this knowledge within a tight circle, the bench ensures that most outside challengers will not take this course and be disqualified, even after they won.

The “club” is banking on one thing: that you won’t show up to vote.

In California, these races are usually decided during the primary election (June 2 this year). If a candidate gets more than 50% of the vote in the primary, it’s over. There is no November rematch.

They’re counting on low voter turnout among Democrats and people of color during the midterm elections to slide their handpicked successors into office without a real fight. If they had it their way, their picks would run unopposed.

We have to stop letting family dynasties choose their own successors. Talk to your neighbors. Get your family registered by the May 18 deadline. Make sure everyone knows June 2 is the real election day for our courts.

Fresno’s courtrooms belong to the people, not a few well-connected families.

Register today. Vote June 2. Reclaim the Bench.

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