Longtime South Bay prosecutors vie for open judge seat

SAN JOSE – Santa Clara County residents have a rare chance to elect a new judge to the Superior Court next month, a race pitting two veteran prosecutors with more than a quarter century working in the South Bay. Jay Boyarsky, second-in-command for Santa Clara County District Attorney Jeff Rosen, is competing with Johnene Stebbins, a longtime deputy district attorney., for a vacant slot created by the retirement of Judge Vincent Chiarello. 

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Boyarsky was the lead vote-getter in the March primary, garnering 47.2% of more than 300,000 votes, against the 35.5% for Stebbins. But the general election race could be tighter since Nicole Ford, the third primary candidate who received 17.3% of the vote, has since endorsed Stebbins.

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Who are they?

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Boyarsky, a Southern California native and graduate of UC Santa Cruz and the UC Berkeley School of Law, has worked for the DA’s office for three decades, with about half of that time as a trial attorney and supervisor and the other half as chief assistant district attorney, running the day-to-day operations of the office including overseeing hiring and prosecution assignments.

 

“Judges make decisions. Making decisions is something I do every day in this office of 650 people,” he said. “I’ve been making decisions that affect people’s lives, not just one case at a time, but through what policies to implement, what to charge.”

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He said he joined the DA’s office to prosecute hate crimes; to this day, he added, that direction has allowed him to connect with communities including those of Asian American, LGBTQ+ and Latino residents. “The diversity of Santa Clara County is one of the greatest things about working and living here,” Boyarsky said. 

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Boyarsky is also touting his deep familiarity with the system beyond the scope of criminal court, knowing that if elected his first assignment might not be in that area. He recounted his experience helping his son, a transgender male, navigate probate court to change his name and gender in official records.

 

"As a consumer I waited in line, took several trips back, and that process is easier for me than almost any other person. I saw people taking time off work,”  he said. “I think there’s a need for the judiciary for people who can start and have experience and know what is necessary to do the job from day one.” “I have always wanted to be a judge,” Boyarsky added. “For me it’s about service and it’s about the community.”

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Stebbins, a Milpitas native who graduated from UC Berkeley and earned her law degree at the UC Davis School of Law, has worked for the DA’s office for 26 years and prosecuted cases encompassing a wide area including juvenile law, domestic violence, narcotics, sexual assaults and consumer protection. She currently litigates environmental and fish and wildlife violations and crimes.

“I feel like I have done everything I wanted to accomplish at the DA’s office, and done everything I can at the DA’s office,” Stebbins said. “But I’m not done with public service.”

 

The spot on the bench opened up by Chiarello’s retirement was fortuitous timing, Stebbins said, noting that this campaign is her first foray into politics.

In describing her temperament to be a judge, Stebbins pointed to a long track record of reaching resolutions with her professional adversaries in the form of public defenders and defense attorneys, whether that resulted in a conviction, reduced charges, or dismissing a case.

 

“One of the most important things, regardless of the outcome, is that they have been listened to,” she said. “Fairness can be balanced with public safety. It’s not one at the expense of the other.”

Stebbins also takes pride in teaching: She has taught criminal procedure including juvenile law, sexual assault and internet child exploitation investigations at the community college level and through professional development programs for law enforcement. 

 

“What people in the community and in the courtroom know is that I know the law,” she said.

 

Who is endorsing them?

 

Boyarsky and Stebbins each boast an array of endorsements, and they list some overlapping ones, including the two largest police unions in the county, the San Jose Police Officers’ Association and the county Deputy Sheriffs Association. Stebbins lists more than 10 additional county police unions as supporters.

Both list support from more than two dozen current and former judges, some of whom also gave double endorsements. Chiarello, who is vacating the seat up for election, has backed Stebbins. 

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The first supporter Boyarsky proffered was Rosen, who credited his top manager with dramatically improving the overall diversity of the DA’s office across multiple demographics.

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“That exceptionally qualifies him to be a judge where you have parties of every ethnicity and sexual orientation,” Rosen said. “I think his experiences and qualifications are unique in this race.”Another supporter, Chief Public Defender Molly O’Neal, voiced confidence in Boyarsky’s ability to be a fair judge.

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​“That exceptionally qualifies him to be a judge where you have parties of every ethnicity and sexual orientation,” Rosen said. “I think his experiences and qualifications are unique in this race.”

 

Another supporter, Chief Public Defender Molly O’Neal, voiced confidence in Boyarsky’s ability to be a fair judge. “Not everyone understands the role of a public defender, and he respects and appreciates it,” O’Neal said. “He believes in balance in an adversarial system.”

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“Not everyone understands the role of a public defender, and he respects and appreciates it,” O’Neal said. “He believes in balance in an adversarial system.”

 

Boyarsky prosecuted the sexual assault of Maricela Byler a quarter century ago, a case that ended mid-trial after a judge ruled that the statute of limitations had expired. Byler and Boyarsky championed a 2005 law that extended the period to report a past sexual assault, and have been in contact ever since.

“That’s one of the most caring and selfless things anyone has ever done for me,” Byler said. “Law is sometimes black and white, and sometimes the situations don’t always fit. Jay is willing to do what’s right.”

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Boyarsky prosecuted the sexual assault of Maricela Byler a quarter century ago, a case that ended mid-trial after a judge ruled that the statute of limitations had expired. Byler and Boyarsky championed a 2005 law that extended the period to report a past sexual assault, and have been in contact ever since.“That’s one of the most caring and selfless things anyone has ever done for me,” Byler said. “Law is sometimes black and white, and sometimes the situations don’t always fit. Jay is willing to do what’s right.”

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Overall, Boyarsky has more prominent support among the region’s political establishment, including four

of five county supervisors, San Jose Mayor Matt Mahan and Sheriff Bob Jonsen. Former county DA George Kennedy, who hired Boyarsky, Stebbins and Rosen, has also endorsed Boyarsky. Rosen’s predecessor, former DA Dolores Carr, is backing Stebbins, who also has the support of the mayors of Gilroy, Milpitas and Morgan Hill.

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How are they distinguishing themselves from each other?

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Stebbins is promoting her political inexperience, prosecution career and her teaching work as bona fides for someone who is seeking a judgeship for true public service reasons and still has contemporary insight on the courts.

 

She has contrasted that with Boyarsky having spent the past 14 years in administration.

“I keep up with the law,” Stebbins said. “Do you want the doctor who has supervised surgeries or a doctor who performs the surgeries?”

 

Boyarsky argues his broader range of work should win him votes. “My experience is longer, broader and deeper. It hasn’t been the same thing for 26 years. It’s been all of (Stebbins’ experience) plus all this other work,” he said.

 

Stebbins said her absence of promotion in the office was a result of not seeing eye-to-eye with Rosen and Boyarsky: “I haven’t aligned with their policies, so it wouldn’t make sense for me to be on their management team.”

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During the campaign, she and her supporters have sought to argue against Boyarsky’s qualifications by noting his previous bids for a judgeship: an unsuccessful electoral run in 2008 and applications for gubernatorial appointment in 2007 and 2023. They have pressed him to reveal how the Commission on Judicial Nominees Evaluation, which guides the governor with his appointments, has assessed him. 

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Boyarsky has declined, citing the confidential nature of the evaluation process. But he says his career speaks for itself.

 

“Many people apply and not everyone gets appointed,” he said. “I don’t think there is anything negative or positive to take away from the fact I went through both processes. It shows I am serious about this and that I persevere.”

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