The Commission on Judicial Performance has publicly admonished Judge James G. Bertoli of Sonoma County Superior Court.
The 11-member commission, chaired by Dr. Michael A. Moodian, issued a public admonishment to Judge Bertoli for engaging in improper political activity, improper social media conduct that demeaned the judicial office and improper fundraising.
The commission reported that Judge Bertoli opposed the renaming of the high school he had attended, Analy High School.
Judge Bertoli led protest rallies, made speeches, participated in fundraising, consulted with an attorney on behalf of his high school alumni association and urged people to oppose the renaming of the high school on social media.
The commission said Bertoli’s conduct involved public involvement on one side of an ongoing debate on a controversial social and political issue. That conduct violated the Code of Judicial Ethics and was not protected by the First Amendment.
“While Judge Bertoli was free to privately comment on an issue that he cares deeply about, his
judicial position required his abstention from public political activity,” the commission said.
In connection with his opposition to the change of the name of the high school, Judge Bertoli used Facebook accounts to make derogatory remarks about public officials, engage in rhetoric that inflamed the passions of the community, make profane remarks and speak derisively about those who did not agree with him.
The commission said Bertoli’s misconduct was aggravated by his prior discipline.
In 2021, he received an advisory letter for using his judicial title to promote his band, from 2011 through 2021.
“Judge Bertoli’s misconduct was further aggravated by the number of incidents of misconduct that publicly undermined respect for the judiciary and by Judge Bertoli’s failure to fully appreciate his misconduct,” the commission reported.
The public admonishment can be read below.
Bertoli DO Pub Adm 10-30-24 by LakeCoNews on Scribd