Dave Garner at the Holiday on Main event in Sabrina’s at the ForksSIERRA COUNTY — Dave Garner, running for Sierra County Superior Court Judge, stopped by The Mountain Messenger’s office to introduce himself and answer some questions about his candidacy. The following questions were submitted to Garner by email, and answers are presented in full and edited only for grammar. Most questions were taken from a 2020 interview for a superior court position by the outlet Indivisible Ventura, and Garner suggested the last three.

Please tell us about yourself: Where are you from? What is your background? What is your connection to Sierra County?

I was born and raised in Atlanta. My father was in the Navy, stationed in the Great Lakes, and my mother was a hostess at the USO in Chicago. They met in 1952 when they were paired up at an organization dance class, married in 1963, and I came along in 1965. I received a bachelor’s degree from the University of Georgia, an MBA from Georgia State University, and my law degree from McGeorge Law School in Sacramento. I have been a business law instructor at Butte College since 2009, a prosecutor in the Butte County DA’s Office since 2010, and a pro-tem small claims court judge since 2019. I have been exploring Sierra County and camping and tubing at Fiddle Creek since 1999, and have owned a home in Downieville since 2010.

Why are you running for Sierra County Judge?

I have a solid understanding of the law and a passion to do justice. It’s what I have been doing for over 13 years. I think Sierra County deserves a judicial candidate with both the training and experience necessary to be successful and the desire to contribute positively. I offer both. I have the temperament and personality necessary to help create the kind of court Sierra County voters deserve. On a personal level, it’s a chance to grow professionally while working in a beautiful and inspiring place that I have enjoyed for over two decades.

What is your general judicial philosophy?

For me, one of the most important principles I believe in is how important it is that all persons who work at the court or appear there find a place that is welcoming and respectful and leave feeling heard and treated fairly. This is where the right judge with the right temperament is important and can do the most good on a day-to-day basis. Parties should not feel afraid to come to court, and justice need not be cold and impersonal.

If elected, what is the minimum number of years you intend to serve before seeking a judicial post at a higher position?

If elected in Sierra County, I do not intend to seek a judgeship elsewhere or at a higher position. I want to be a judge in Sierra County, and that is it. I think that’s an important difference between myself and other candidates. I think too often, people seeking elected office in Sierra County see it as a stepping stone to somewhere else they would rather be, and that is unfair to the voters. That is not the case with me.

Who are your judicial role models?

From a historical perspective, I admire Supreme Court Justice Earl Warren, who gave us a number of cases that transformed the national civil rights landscape for the better. I also enjoyed the writing of the famous New York appeals court justice Benjamin Cardozo, whose memorable opinions helped to distill complex issues down to simple points. And lastly, I am also guided by respect for any judge who works to simplify the legal system and make it accessible to everyone.

Are there any specific types of cases that you would want to disqualify or recuse yourself from as a judge?

No. A properly serving judge should be prepared to handle any and all cases that may come before the court. Absent a situation where a perception of conflict might exist, a judge should be prepared for whatever may come through the courthouse doors.

Why should voters support you over your competitor(s)?

Most importantly, most of my experience is in the criminal side of court operations. That’s important because that is where the bulk of the work that truly affects public safety takes place, and there is no substitute for a solid working knowledge of that law and procedure. I have that. Further, I’ve been enjoying Sierra County for over twenty years and have paid taxes here for nearly fourteen. That’s an important distinction. I am committed to Sierra County, have been, and won’t use the trust of the voters as a stepping stone to a life I would rather have somewhere else. A vote for me is a vote for stability, local control of your superior court, and someone who truly wants to be part of the community and will work every day to support it.

Do judges have an obligation to improve public understanding of the courts?

I think so. Although, at times in our shared history, courts have not functioned perfectly, and there is still room for improvement, I think our system of justice is the best in the world. Even with that, there is a surprisingly short distance between justice and chaos, and at the end of the day, our system only functions if people believe in it. To that end, I think judges play a critical role in not only modeling ethical behavior themselves as a foundation of the system but also in working to improve the public understanding and trust of the judicial function and create processes to facilitate accessibility.

Would you have an obligation to offer programs such as special diversion for defendants who may be young or charged with issues stemming from cultural differences where they didn’t understand that something that they normally do was wrong in America?

I think diversion programs are an important tool for judges. For instance, several years ago, the California legislature approved a Transition-Aged Youth (TAY) pilot program in six counties in California. The idea is that young adults (between 18 and 24) have not fully matured and may developmentally benefit from [rehabilitation] rather than punitive approaches in court. If subjects agree to participate in the program and successfully complete it, their records are cleared. I think this recognizes that some people make mistakes, and if they can correct their behavior, they are not subjected to the often life-long consequences of a conviction.

In your spare time, what do you do for fun?

I enjoy camping and exploring California and the Sierra. I am a budding photographer and have been learning how to make time-lapse videos of the night sky. I also enjoy history and visiting historic sites to get a feel for how things were once. Outside of that, watching a movie with my wife and sharing some hot buttered popcorn rates pretty highly, too.