Syda Coglaiti and Zach Schwarzbach, candidates for Superior Court Judge, squared off in a face-to-face community forum on May 17th – answering the same, wide-ranging questions read to them by the moderator Brenda Griffin- responding with often similar but somewhat nuanced answers, but also with answers that differed substantially.
After an hour and a half of discussing legal questions, their backgrounds and qualifications, perhaps moderator Brenda Griffin, president of the local chapter of the NAACP, summed it up best with her comment at the end, “We are very lucky to have such passionate and well qualified candidates in Santa Cruz County.”
Zach Schwarzbach, 39, after ten years as a Santa Cruz County public defender, emphasized his street smarts and criminal trial experience, his ability to handle high pressure courtrooms, and his sensitivity to the needs of the community. Syda Coglaiti, 47, emphasized her longer and more varied legal experience, including civil, criminal and family law and serving as a judge pro tem in the Sixth District Court of Appeals in San Jose, as well as her own sensitivity to the needs of the community.
In his opening remarks, Schwarzbach recognized gender was playing a role in this race. “If you’re concerned that electing me to the bench will perpetrate the patriarchy or contribute to some good ole boys system, you don’t know me at all,” Schwarzbach said, and went on to explain how important gender equality is to him.
Coglaiti underlined her own local law experience, working in civil law and in private practice with criminal appeals and as a law professor at the Monterey College of Law. Coglaiti emphasized her recent experience as a judge pro tem, “like a substitute judge”, presiding over trials involving self-represented litigants that required her to, “master the ability to listen, to explain the law clearly, and rule fairly.”
Discussing the role of judges reducing racial discrimination in the justice system, both candidates gave passionate appeals and personal examples of how judges need to rule fairly and apply the law without prejudice, and yet insure civil rights for minorities are protected.
“In order to insure progress in reducing racial discrimination, we need judges who get it- judges who understand their own implicit bias and the subtleties of discrimination…and judges who will listen,” Coglaiti said.
Responding to the question, “What made you decide to run for judge?,” both candidates cited their peers and other judges recommending they should run, and both talked about their dedication to public service. Coglaiti mentioned her impressive list of endorsements, which include many local leaders, and the finding of the California Women’s Lawyer Association that she is “well qualified” for the bench.
“Judges have to know the law to rule on motions, they have to apply the law fairly and see things from both sides,” Coglaiti said responding to a question on the responsibilities of a Superior Court Judge, citing her 23 years of experience as a lawyer in many different courts.
Schwarzbach referred to his extensive trial experience and familiarity with busy, high pressure court environments, in which judges, “must have the ability to be in the moment, calling balls and strikes on complicated issues…and making sure that everyone involved feels heard,” Schwarzbach said.
“Having worked in the very intense daily grind of trial courtroom work, I learned to recognize the important qualities that an efficient and fair trial judge must have- so I developed that skill set that I think is very valuable to bring to the bench,” Schwarzbach said.
Both candidates deplored the statistics showing the persistence of racial disparities in sentencing, and the disproportionate impact of money bail on low-income defendants. Too often, both candidates agreed, low-income defendants will accept a plea bargain, rather than a jury trial, because they cannot afford the bail to get out of jail. Both candidates expressed support for SB10: The California Money Bail Reform Act.
Schwarzbach noted that his mentor, Larry Biggam, a partner in the law firm contracted as the Santa Cruz Public Defender Office, taught him that “plea bargains can be used to hide our sins,” and Schwarzbach said that he thought every defendant that wants a trial should be entitled to one, and should not be coerced into plea bargains for financial reasons.
Perhaps the biggest difference between the two candidates was Coglaiti’s experience in more areas of the law than criminal court, including dependency court, civil litigation, and actually working as a judge pro tem. Schwarzbach insisted, however, that his “intensive courtroom experience” made him an unusually qualified candidate.
Judges of the California Superior Courts are elected in nonpartisan elections to six-year terms. Many judges are appointed by the governor after another judge retires, and Santa Cruz has not elected a Superior Court Judge in eight years. The timing of Judge Jeff Almquist’s retirement at the end of his term insured that his successor would be the winner of the June 5th election.
