UNSCRUPULOUS CALIFORNIA PROSECUTOR TO BECOME A JUDGE?

Santa Clara County prosecutor Benjamin Field -- whose aggressive courtroom conduct has triggered scrutiny of his ethics by judges, attorneys and the Mercury News -- has cleared the first hurdle to become a Superior Court judge. Gov. Arnold Schwarzenegger has referred Field's application to the state commission that evaluates potential jurists, an early but crucial step toward winning an appointment to the bench.

Field was one of three prosecutors singled out in a Mercury News investigation earlier this year, ``Tainted Trials, Stolen Justice,'' that reviewed hundreds of jury trial cases over a five-year period. The series found questionable conduct on the part of prosecutors, judges and defense attorneys in more than one-third of the cases. Field was highlighted in a story that raised questions about whether the district attorney's office has sacrificed defendants' rights in a quest for convictions. In several cases, Field appeared to disregard judicial orders; in one case that resulted in a wrongful conviction, Field misstated evidence and withheld details of a key scientific examination.

And in May, the 6th District Court of Appeal issued an extremely rare reversal of a verdict because of ``deceptive and reprehensible conduct'' by Field. The California Supreme Court last week agreed to review that decision. Field expressed confidence Thursday in his abilities to serve as a judge -- a sentiment shared by others in the local legal community -- and has insisted throughout the controversy that his work has been unfairly portrayed. ``I've always been mindful of my ethical obligations and my goal has always been to ensure justice is done in my cases,'' said Field, 42. ``That's an important qualification for being a judge.''

Cliff Gardner, who represented defendant Damon Auguste in the wrongful conviction case that Field prosecuted, disagreed with that assessment. ``Anyone can make a mistake, and in our case, Ben made several,'' Gardner said. ``What I fault him for is not learning from them and admitting he made them. That's not something you want in a judge.''

Field said he first sought a judgeship in April 2005. Exactly when Schwarzenegger decided to put up his application for consideration is unclear, but it appears to have happened within the past few months. It's unclear to what extent, if any, the governor was aware of the controversy surrounding Field. The governor's office said Thursday it would not comment on a pending application.

One legal expert said Field appears to have a good chance of winning a seat on the 79-member bench. The governor's decision to send his nomination to the evaluation panel, formally known as the Commission on Judicial Nominees Evaluation, signals that his candidacy is being taken seriously. ``I'd say he's got a darn good shot at it,'' said Gerald Uelmen, a law professor at Santa Clara University School of Law. ``The toughest obstacle is to get it out of the governor's office,'' Uelmen said, referring to the application. He said he thought a small percentage of aspirants reach this stage.

Nonetheless, the controversy surrounding Field, once a rising star in the district attorney's office, would appear to pose problems for him. As part of its routine process, the evaluation commission is soliciting input from hundreds of judges, defense attorneys and prosecutors who have had dealings with Field. The survey asks them not only about his intellectual capacity and experience, but his ethics and fairness. The commission will then rate Field as exceptionally well-qualified, well-qualified, qualified or not qualified. The governor will use the evaluation to decide whether to appoint Field.

The county bar association is conducting its own evaluation of Field that it shares with the commission. Also potentially troublesome for Field is a complaint, apparently pending before the state bar, based on his conduct in the Auguste case. But Field boasts prominent supporters, including retiring District Attorney George Kennedy, as well as a sterling academic record. He is a Columbia University graduate and earned a law degree and a doctorate in history from the University of California-Berkeley. He also served in the Marine Corps. ``I think he ought to get appointed,'' Kennedy said. ``He's a hard-working person, an excellent writer. He's good at analysis, and he's vigorous in any work that he does.'' The commission evaluating Field's qualifications has set a Sept. 19 deadline for soliciting comments.

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