Hon. Dolores A. Carr
Candidate for District Attorney, Santa Clara County

Announcement of Candidacy / August 15, 2005

I stand before you today to announce my candidacy for the office of Santa Clara County District Attorney.

The Canons of Judicial Ethics prohibit a sitting judge from engaging in political activity. Therefore, in order to run for District Attorney, I have taken a leave of absence without pay from the Superior Court. By making this decision, I am also effectively giving up my judgeship, because I will be unable to run for re-election next year.

My decision to leave the Court to run for District Attorney has been one of the most difficult decisions of my life. Serving our community as a Superior Court Judge has been incredibly challenging and fulfilling—particularly the last three years during which I supervised the Family Division. I love my job on the Court.

So why am I giving it up…

As many of you know, I worked in the District Attorney’s Office for 15 years before my election to the Superior Court. I began my career when Leo Himmelsbach was DA and worked both as a trial lawyer and supervisor under George Kennedy—most recently as head of the Sexual Assault Unit. Under their leadership and direction, I came to understand the power of the District Attorney’s Office—and why it is the most important law enforcement agency in our county. With this understanding, came a deep respect for its legacy.

The DA has the power to charge people with crimes. In this role, the office has a profound impact on the effectiveness of police departments, public defenders, the private criminal defense bar and the courts. Each shares responsibility within our system to ensure that the ends of justice are served for everyone in our community. However, I believe that the District Attorney has primary responsibility for fostering equal justice under the law.

The office must work hard to create respect and cooperation among all partnering agencies in the system—as well as with the Board of Supervisors. It must take a leadership role rather than an adversarial role with these agencies.

Justice is not a win-at-all-costs proposition. The District Attorney must strive to bring only legitimate cases into the system—working with police departments to establish strong evidentiary chains and strong legal protocols, supporting defense efforts to promote truth and fairness, and preparing assiduously for cases that are brought to court. It is the ethical obligation of the District Attorney to seek truth—not simply convictions.

This means that the office must also manage its own personnel effectively. Its lawyers must be able to exercise discretion independently, without fear of public criticism or reprisals. Its lawyers must be supported and mentored by their managers. Management must create an
environment where prosecutors, investigators, and staff are enthusiastic about their work and encouraged to find ways to do their work more efficiently.

I have served in our legal-judicial system for 25 years—including almost 5 years in private practice, 15 years in the District Attorney’s Office and now 5 years as a Superior Court Judge. During this time, I have been involved in a host of criminal and civil cases. I have tried a range of felonies. I have presided over countless family law cases, dealing with what I believe to be the core values of our society—how we treat our children.

Through this experience, I have gained a balanced perspective on the role and character of the office. This experience also has given me strong beliefs about the leadership qualities that the District Attorney must bring to the task.

The DA must be ethical… must operate with integrity… must be able to manage positively and effectively… must be able to build and maintain effective coalitions…must be innovative... must be able to foster respect for and among all partners in the county’s legal-judicial system… must run an office that is fair and honest in all of its dealings—especially in the charging and prosecution of crimes.

Above all, the District Attorney must operate in a way that brings honor to the office—and to all that the office represents.

When rumors first started circulating that George Kennedy might retire, a number of people whose work and opinions I respect approached me about running for DA. These individuals included judges, law enforcement officers, elected officials and lawyers—both criminal defense lawyers as well as prosecutors in the District Attorney’s Office.

All of these individuals expressed concerns about the future direction of the office. Their concerns reflected many of my own.

The mission of the District Attorney’s Office is of critical importance to the people of Santa Clara County. The standards required to lead the office successfully are high. I believe that I am the only candidate who can meet all of these standards. After considerable thought, and discussion with my family, I decided to give up my seat on the Superior Court in order to run.

As the campaign progresses, I will ask the voters of Santa Clara County to listen, read, evaluate and eventually, to judge for themselves. The importance and tradition of this office deserve nothing less.

In closing, I’d like to thank those who stand here in support of my announcement… I’ll now accept your questions…