Humboldt’s Already Wild Race for Judge (Rolling Stone Covered It!) Stirred Up by Last Minute Write-In Candidate

Three candidates for judge: April Van Dyke, Jessica Watson, and Gregory Kreis.

A third candidate for Superior Court Judge has entered the election fray with less than three weeks before the March 5th voting day, in the midst of mail-in ballots from all rural corners of the county currently being collected. When the Commission on Judicial Performance  released a series of allegations against Judge Gregory J. Kreis involving sex, drugs, cronyism, and deception, it stirred up the political scene significantly.

Enter Attorney Jessica Watson, a member of the District Attorney’s Office for 10 years, Watson has taken the bold step of filing with the Elections Office nearly at the last minute, as an official write-in candidate for the Judge’s bench. Watson becomes the third candidate running for Judge, alongside incumbent Judge Kreis, and challenger Attorney April Van Dyke. 

Deputy DA Jessica Watson’s campaign website puts an emphasis on considering her as an alternative candidate, with a campaign slogan telling voters, “Write In Watson- It’s What’s Right!” and she announced on Facebook that “Due to recent developments I can no longer vote for the candidate of my choice.”

Watson wrote February 15, “After much deliberation, I came to the conclusion that Humboldt County deserves another option. Therefore, I have decided to enter the primary election for Superior Court Judge as a write-in candidate.”

A redacted, cropped image from the Humboldt County Office of Elections shows Watson’s official Intention Statement filed with the county on February 13th, setting the wheels in motion for the DA to be a valid write-in candidate in the election for Superior Court Judge.

Making a bid for the honor of being responsible for the judicial outcomes of litigation for a broad swath of the community – often oblivious to who their local judges are until going to court – Watson writes,  “If elected, I guarantee that you will be heard in my courtroom. I will act with integrity, ensuring a fair and unbiased hearing. I will be reasonable, level headed, even tempered, and not be reactive to my own emotion.” 

Watson shared a statement with the press late Sunday, announcing her candidacy.  Here, In part, she explains what prompted her to run as a write-in option for Superior Court Judge: 

There seems to be an unspoken expectation that we’ll vote for an incumbent judge. However, with the Judicial Council’s recent release of alleged ethical violations against the incumbent, I can no longer adhere to the unspoken expectation. Sadly, this information became available after ballots were printed and mailed. Nonetheless, these allegations are so significant and numerous that they require action.

This is our community, yours and mine. Judges are entrusted with decisions that fundamentally affect our lives and prosperity. Those who have been before a judge in any capacity understand how vital it is to have no appearance of impropriety. We trust that there is nothing guiding judicial decisions other than the facts and the law.  When this trust is broken, then it must be repaired.

I am compelled to run as a write-in candidate because I believe we need judges who restore trust in our judicial system and work on behalf of the people with integrity and a sense of fairness. 

The Deputy District Attorney’s “Write in Watson” campaign website was posted about on social media February 15.

Her newly posted website offers a background history and delves into her motivation for running so late in the race.  Watson explains that since moving to Humboldt from the Bay Area, she had invested in a career with the DA’s office. “Since 2014, I have proudly served our community as a Deputy District Attorney,” says Watson’s election website. “I have not only made sure that all of the rights of those who are in court are protected, defendant and victim alike, I also ensure that community safety is a priority,” Watson wrote, addressing the community.  

In the comment section of our previous report on the Judge Kreis election controversy, one comment suggested that Deputy DA Watson as a write-in for the office, commenting, “I’m going to write-in Jessica Watson… Join me and choose “Neither” by writing in Jessica Watson.”  At the time, this seemed an unlikely option, what with the election coming up quickly, and no other candidate having announced themselves as a third option at that time… 

DA WATSON & COUNT TEN 

Looking back with 20-20 hindsight, or perhaps 2021 hindsight, it might not come as a surprise to hear that Watson is vying for the Judges’ chambers, in light of the fact that Watson has been in and out of courtrooms with Judge Kreis on the bench any number of times. Being a frequent flier in the criminal court as a prosecutor for the DA’s office, Watson would have had plenty of experience in front of Judge Kreis, as a DA is often taking cases to court several times a week. 

One such matter was highlighted within the CJP’s filed Notice of Formal Proceedings against Kreis, wherein Deputy DA Watson had, according to the filing, appropriately asked the judge to recuse himself in a matter where he himself had identified his own conflict of interest, according to the CJP’s Count Ten of the document. 

Addressing Judge Kreis, the section begins, “On July 7, 2021, you presided over the juvenile delinquency calendar…” describing a case that Deputy DA Watson was handling.  The account continues, explaining that although Judge Kreis had openly acknowledged his own conflict of interest with another attorney on the case, that he declined to adhere to legal and ethical requirements that he not hear the matter, in the interest of the parties having an unbiased outcome.  DA Watson objected to Kreis hearing the case, to which the Judge took umbrage, as described in the pleading.   

An excerpt from the Commission on Judicial Performance details an interaction with DA Watson in 2021 where Judge Kreis is accused of conflict of interest and the appearance of impropriety violations.

Count Ten reads in part, “When DDA Watson stated that she was “afraid that there’s an appearance of impartiality [sic]” due to the fact that you had a close friendship with the minor’s attorney and were named as co-defendants in the same lawsuit, you still did not recuse yourself.” The CJP concludes this section of the Notice by citing multiple ethics violations,  stating that the judges conduct violated “the Code of Judicial Ethics, canons 1, 2, 2A, 3, 3B(2), 3B(5), 3B(8), and 3E.” 

Watson is also mentioned in Count Five, in regard to another objection to a recognized conflict of interest with local attorneys. In that allegation by the CJP, they wrote the Judge “did not recuse [himself] until DDA Watson said that her office was not comfortable with you handling the case.” Watson was not at liberty to comment on thses matters, due to the ongoing CJP investigation, she said. 

ENDORSEMENTS & DROP OFFS

In the wake of the Commission on Judicial Performance (CJP) filing and serving a Notice of Formal Proceedings on Judge Gregory Kreis February 2nd, and the local media being informed via press release only a few days later, Kreis has lost several notable public endorsements to his reelection campaign.  

Having monitored Kreis’ endorsement list since the day following the CJP’s press release, Redheaded Blackbelt has noted 9 total endorsements retracted.  Of those, five are currently members of the District Attorney’s Office: Deputy DA Alex Grotewohl, Deputy DA Trenton Timm, Deputy DA Whitney Timm, Deputy DA Emily Norgaard, and Deputy DA Luke Bernthal.  

First to drop off the list of Kreis’ endorsements was Alexandra Stillman of the Arctata City Council, and the only one to do so publicly. Stillman released this statement to local media, in reference to the CJP’s filing to initiate a formal inquiry into Kreis’ alleged misdeeds and ethical blunders, saying, “I regret lending my name to Gregory Kreis for his judgeship campaign. He told me that issues had been resolved which apparently they are not.” 

Looking at the CJP’s process in bringing forward “Formal Proceedings” as with Judge Kreis, it is unusual for a case to move to this phase, because by this point in the review of allegations submitted via complaint forms, over 93% of cases were closed without any disciplinary action in 2022. For example, only 7% of cases assessed that year (91 of 1294) actually moved forward after a review of the complaint/s, while roughly 3% (31) developed into a disciplinary action of some kind according to data provided by the CJP.  

As a public official, Alexandra Stillman told us by email, “I withdrew my support of Judge Kreis publicly. I wrote another attorney’s name into the slot on the ballot,” and further confirmed that she “did not vote for either candidate” already running – being Judge Kreis or his initial challenger, Attorney April Van Dyke.  

Also dropping off of Judge Kreis’ public list of endorsements were two local attorneys, Allan Dollison and Ben Mainzer, who both run private practices in Eureka. The latest name to drop off the list was Eureka City Council Person Leslie Castellano, generally known for being a progressive in local politics. 

The much longer list of people maintaining their support of Kreis with a public endorsement consists of local Attorneys, community members and electeds. Of those, former District Attorney Paul Gallegos explained by email that he was not prepared to revoke his support of the Judge based on what he characterized as “accusations” leveled by the public through the Commission on Judicial Performance.  

At the Commission on Judicial Performance website, a general explanation is given describing how evidence is reviewed and collected by CJP in response to a formal complaint.  CJP explains, “When a complaint states facts which, if true and not otherwise explained, would be misconduct, the commission orders an investigation in the matter. Investigations may include interviewing witnesses, reviewing court records and other documents, and observing the judge while court is in session. Unless evidence is uncovered which establishes that the complaint lacks merit, the judge is asked to comment on the allegations.” 

Only eight Judges, including Judge Kreis, are listed as “pending cases” from 2023, with another 6 Judges being held accountable with some disciplinary action by the CJP in 2023. The CJP explains that “When formal proceedings are commenced, the commission issues a notice of formal proceedings, which constitutes a formal statement of the charges. The judge’s answer to the notice of charges is served and filed with the commission within 20 days after service of the notice.” 

“I take the allegations seriously. I am not giving Judge Kreis a pass. I am merely reserving any judgment on those allegations until after a determination has been made,” Gallegos wrote to us by email Saturday morning. 

As for his thoughts on Van Dyke as an alternative to Kreis (not yet aware of Deputy DA Watson in the running), Mr. Gallegos explained that he wanted to stick with what he knew and was confident in, rather than vote for a candidate he was relatively unfamiliar with.  Gallegos explained, “Making a decision as to 2 candidates- one of who I have known for years and have seen as an attorney and as a judge and who I have never witnessed engaged in conduct as he is alleged to have done -versus an attorney that I have never witnessed practicing or even met and have only anecdotal information my decision is to support Judge Kreis.”  

Gallegos underscored, “Once again, if he has done something wrong there will be consequences. I will just wait until a decision of inappropriate conduct has been made.” The former elected District Attorney explained that he would wait to see the outcome of the proceedings- the options for which, after this stage of “Formal Proceedings”, ends with either the case being closed, Kreis receiving an advisory letter for the oversight body, a public or private admonishment, public censuring, or the removal or retirement of the judge. 

As for the April Van Dyke for Judge camp, the list of public endorsements is growing, with new additions of elected officials Congressman Mike Thompson, Frankie Myers Vice-Chair of the Yurok Tribe, and G. Mario Fernandez of the Eureka City Council. Van Dyke has listed a meet and greet event for February 24, in Arcata, at the Harambee Cultural Center.  

The County Elections Office provides insight on candidate filing deadlines and related candidate filing statements and documents available to the public.

With many rural voters relying on the mail-in ballots, exactly how many day-of voters will impact the election remains to be seen.  For voting information, and where to vote on March 5 in your area, go to the County Elections Website or call their office (open 8:30 am to Noon and 1 to 5 pm, Monday – Friday *excluding holidays) at (707) 445-7481.

Full press release from Jessica Watson:

I am Jessica Watson, and I am asking for your support as a write-in candidate for Humboldt County Superior Court Judge. There is some speculation about why I entered the race as a write-in candidate.  There seems to be an unspoken expectation that we’ll vote for an incumbent judge. However, with the Judicial Council’s recent release of alleged ethical violations against the incumbent, I can no longer adhere to the unspoken expectation. Sadly, this information became available after ballots were printed and mailed. Nonetheless, these allegations are so significant and numerous that they require action.

This is our community, yours and mine. Judges are entrusted with decisions that fundamentally affect our lives and prosperity. Those who have been before a judge in any capacity understand how vital it is to have no appearance of impropriety. We trust that there is nothing guiding judicial decisions other than the facts and the law.  When this trust is broken, then it must be repaired.

I am compelled to run as a write-in candidate because I believe we need judges who restore trust in our judicial system and work on behalf of the people with integrity and a sense of fairness. 

I moved to Humboldt from the Bay Area twenty years ago, to attend Humboldt State University. My husband is also an HSU graduate. (Go Lumberjacks!) I have dedicated my legal career to improving the lives of Humboldt County residents. I have worked as a criminal defense attorney and as an attorney for a local nonprofit, Humboldt Center for Constitutional Rights. For the past ten years I have been a Deputy District Attorney, representing you with the hope of making a positive change in our community. I will continue with that endeavor. 

WRITE IN WATSON – IT’S WHAT’S RIGHT!

In the interest of transparency, this reporter also works as a Legal Assistant in Humboldt County, primarily in family law. (Please note that we failed to note this as we usually do under Ryan’s stories about the local legal world when originally posted. Our apologies.)

Earlier:

• Sex, Drugs, Cronyism, and Lies: Judge Kreis in the Hot Seat as Commission on Judicial Performance Details Alleged Judicial Code Violations
• Rolling Stone: Sex, Cocaine, and Antisemitism: California Judge Hit With Monster Complaint