On Wednesday, October 30, 2024, the Los Angeles Times reported that a Sonoma County Superior Court judge received a public admonishment from a state judicial panel for engaging in improper political conduct and social media activities related to a high school name change controversy. The California Commission on Judicial Performance determined that Judge James G. Bertoli’s actions undermined public confidence in the judiciary.
The reprimand stems from Bertoli’s involvement in protests against the consolidation of Analy High School in Sebastopol and El Molino High School in Forestville, a decision made by the local school board in 2021. As an alumnus of Analy High School, Bertoli became an active participant in rallies organized by the Analy Alumni Association, which opposed the consolidation and pushed for the recall of school board members. His involvement included performing with his band, Court ‘n’ Disaster, at fundraising events aimed at opposing the name change, an act for which he had previously received a separate admonishment.
The commission highlighted that Bertoli’s participation in these rallies and his subsequent public statements created an appearance of bias, suggesting that he endorsed the goals of the protest group, including the efforts to recall elected officials. During a rally, he was quoted criticizing the school board’s understanding of the financial implications of rebranding the Analy campus, which further drew scrutiny from the commission.
In its ruling, the commission rejected Bertoli’s defense that he was simply exercising his First Amendment rights regarding a matter of public interest. It emphasized that comments on governmental affairs, including school board decisions, fall within the realm of political activity. Following the school board’s decision to halt the name change, Bertoli referred to the outcome as a victory of democratic processes, indicating that dissenting opinions should accept electoral results.
The commission also noted that Bertoli’s speech was not protected under the First Amendment due to the additional restrictions placed on judges to maintain impartiality and fairness in the judiciary. His lawyer, James A. Murphy, argued that the commission failed to consider Bertoli’s long-standing ties to the school and asserted that his concerns were genuine and centered around the impact on students rather than political motivations.
The commission scrutinized Bertoli’s social media presence, which included posts that were deemed derogatory towards public officials and inflammatory to community sentiments. In one notable instance, he shared a comic strip that likened school board members to warriors returning from battle, implying they were battered from a contentious meeting. Other posts included disparaging remarks about a school board member’s comments, which the commission found to be inappropriate for a sitting judge.
The commission expressed concern that Bertoli’s social media activity contributed to a perception that he was using his judicial title to lend credibility to his political stance. This perception was exacerbated by the nature of his comments and the way he interacted with other community members online.
Judge Bertoli is scheduled to retire on January 5, 2025. The public admonishment serves as a reminder of the ethical standards expected of judges and the importance of maintaining public trust in the judicial system.
Source: Los Angeles Times
