DOWNIEVILLE — Last Friday, January 26th, Dave Garner and Jason LaChance, the two candidates for Sierra County Superior Court Judge, participated in a forum event to familiarize voters with themselves. Cindy Ellsmore moderated the forum, during which each candidate was given an opportunity for an opening statement, two minutes to answer each question posed, and a closing statement. Audience questions followed the structured discussion. Dave Garner grew up outside Atlanta in Tucker, Georgia. Garner graduated from the University of Georgia in 1984 and Sacramento’s McGeorge School of Law in 2008. He discovered Downieville after driving up from Sacramento in 1998. Garner has worked as a prosecutor for the Butte County District Attorney for about 13 years. He also teaches business law at Butte College in their Associate Degree program and has worked as a small claims court judge in Chico for five years. He believes his background in criminal justice uniquely qualifies him to be a superior court judge. Garner is endorsed by Sierra County’s current Judge Charles Ervin. Jason LaChance was raised in a small Wisconsin town called Land O’ Lakes. His “outdoor education” from his parents and grandparents inspired his admiration for Sierra County and its backpacking, mountain biking, and hunting opportunities. LaChance was licensed as an attorney in 2004 and started a law partnership in Truckee with Brent Collinson in 2013. His background is in civil matters, including family law, landlord/tenant, probate, and traffic infractions. LaChance was appointed Nevada and Sierra County Superior Courts Commissioner in 2016. LaChance believes that a judge should be “quick to listen and slow to speak” and have a “calm judicial demeanor,” a philosophy he partially credits to former Sierra County Judge William Pangman. LaChance believes that his experience and endorsements uniquely qualify him for the position. He has nearly two decades of legal experience and 30 judicial endorsements, including Judge Pangman. LaChance is also endorsed by many community members around Sierra County, listing 28 on his website at the time of writing, including Sheriff Mike Fisher and Supervisors Lee Adams and Sharon Dryden, compared to Garner’s 4. Garner and LaChance agreed on the appeal of Sierra County’s small-town environment and community. Garner owns a house in Downieville, which is being rented out long-term. LaChance says he “feels like he can breathe in this county,” noting that the high turnout for the forum exemplifies what makes the community so special to him. LaChance owns no property in the county but often camps with his family. On being qualified for the Superior Court Judge, LaChance believes there’s no substitute for wearing the robe. LaChance has worked on the bench for 12 years, hearing various civil matters. He expects a judge to practice integrity both inside the courtroom and out. LaChance has handled schedules of 80 cases in a day on his Truckee calendar. He emphasized that he believed everyone on those schedules was given an equal opportunity to be heard and that he remained efficient regardless. LaChance was also recognized as the Child Support Directors Association’s Judicial Partner of the Year in 2018 for excellence on the bench and collaboration with the Department of Child Support Services. Garner leaned on his background in criminal justice as his qualification. He stated that the role of a prosecutor is to enforce California law but also to know when not to prosecute and keep people out of the system. He believes in increased diversion efforts, extending not just to juveniles but to young legal adults who, in his words, have done something “just ridiculous.” Garner mentioned implementing tactics such as having young people write apology letters to officers. He also believes that civil attorneys don’t engage with people in the same way as prosecutors. Both candidates agreed that judges must be receptive and welcoming, regardless of who comes before them, and that, as Garner said, “no person is beneath the protection of the law.” LaChance stressed that applying the rule of law is a critical part of his judicial philosophy, explaining that he has often seen judges make arbitrary decisions based on little more than ideology. Both candidates defined injustice in the courtroom similarly, viewing it as unfairness in the judicial process or simply a violation of someone’s rights. Garner believes listening to parties is vital to preventing injustice. While LaChance agreed, he added that injustice is dealt with by applying the rule of law, clarifying he would not be apologetic for upholding the rule of law; that’s what the people are electing him to do. When asked about the biggest changes the candidates would like to see in the justice system, Garner argued heavily for keeping people out. He stated that young people aren’t mature even if they’re legally an adult. Garner brought up a “Transition Aged Youth” program being tried in Butte County as an example, where adults over 18 but under 21 with a felony can be diverted, go to a juvenile center, and even have their case dismissed. He also believes judges should collaborate with legislators to create diversion paths, saying he “works hard to divert people.” In contrast, LaChance believes that focus needs to be placed on fair application of the rule of law, again stating that he’s seen too many arbitrary decisions based on politics and that more impartiality is needed. On experience with drug, mental health, and family court, LaChance favored outreach efforts, counseling, and more resources. Garner added that California laws like Proposition 47, which decriminalizes drug possession in most cases, take away important tools the judicial system has in pulling people “away from the cliff.” Understanding the positions of judicial candidates is often challenging due to regulations such as Canon 5B, which prevents candidates from commenting on types of issues or cases that may come before them in court. Still, the forum did offer some insight into the experience and judicial philosophies of LaChance and Garner. More information about Dave Garner is available on his website, GarnerForJudge.com, and about Jason LaChance at JasonForJudge.com. The election will be held on March 5th, 2024.
David Garner (left) and Jason LaChance (right)
Significant turnout in the Downieville Community Hall