Superior Court Judge Michael Washington, a former deputy public defender, said the county’s decision to not accept his application was absurd. But an Orange County judge sided with the county.
A court ruled this week that a San Diego County Superior Court judge can’t be considered for the county’s open public defender position because he wasn’t a practicing attorney in California during the year before he applied for the job.
In August, after the county denied his application, Washington asked for a court’s interpretation of the statute. The case was moved to Orange County because he’s a sitting judge in San Diego County.The ruling means the county will resume its search to replace former Public Defender Randy Mize, who retired in June.Washington argued it would be absurd to disqualify him as a candidate for the job given his experience.
Washington’s lawyer Michael Conger said Friday that Howard failed to address the constitutional question in the case. Conger said the U.S. Constitution clearly states that the right to hold public office is tantamount to the right to vote. And if Washington is to be excluded from being considered for the public defender position, there has to be a narrow compelling interest.
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