Judge race recalls some old wounds

Paul Clinton

Five years after they clashed in an emotional vehicular

manslaughter trial, two local attorneys find themselves rivals again,

this time in a political race for an Orange County judgeship.

Vickie Bridgman, who lost her son in a tragic car wreck along the

S-curve of Irvine Avenue in 1997, is running for the judgeship,

Office No. 22.

Jennifer Keller, the attorney who defended the teenage driver of

that car, 18-year-old driver Jason Rausch, signed on as the campaign

treasurer for Bridgman’s opponent, Kelly MacEachern. Both Bridgman

and MacEachern are deputy district attorneys and residents of Newport

Beach.

“I think it’s pretty ugly that she’s involved in [MacEachern’s]

election,” Bridgman said. “There is obvious bad blood there.”

Rausch was ultimately sentenced to three years of probation,

rather than jail time, for the death of Bridgman’s son.

At the time, Bridgman criticized the verdict as too lenient,

saying: “I don’t think my family got a fair shake.”

Messages were left with Keller at her Irvine office regarding this

story. While she did not return phone calls, a staffer there said she

was in London and was aware of the story.

Keller is a past president of the Orange County Bar Assn., which

handed Bridgman a “not recommended” rating in February after a

lengthy review of her track record. The association handed

MacEachern, who received similar scrutiny, a “qualified” rating.

This election season has brought other conflicts between the two

attorneys. Keller, along with attorney Michael Schroeder, filed a

lawsuit against Bridgman in August on MacEachern’s behalf. The suit

challenged Bridgman’s ballot statement as “false and misleading.”

After Bridgman answered with a dueling suit against MacEachern’s

statement, the candidates mutually agreed to drop their suits in an

Aug. 31 settlement.

THE HISTORY

On May 23, 1997, Bridgman’s life was permanently changed. Driving

the Bridgman family’s Chevy Blazer, Rausch crashed as he drove a

carload of nine other teens south on Irvine Avenue, after a night of

partying in Santa Ana Heights.

Donny Bridgman was killed in the wreck. Two other teens,

cheerleader Amanda Arthur and Daniel Townsend, suffered lasting brain

damage from their injuries. The case stirred emotions throughout the

Newport Beach community and sparked a bevy of a lawsuits.

The District Attorney’s office charged Rausch, who police said was

driving 67 mph in a 35-mph zone, with manslaughter. During a

three-month trial that wrapped up at the end of February 1998,

Keller’s lawyering was credited with helping Rausch ultimately

receive a sentence that included no jail time.

Keller introduced testimony that opened up the possibility that

the road was slippery on the night of the crash, due to sprinklers.

Keller also attacked the testimony of the other teenagers who were in

the car on that night and had testified against Rausch. Keller cited

their blood-alcohol levels, which were almost double the legal limit

in some instances, as evidence that their testimony and observations

weren’t dependable.

She maintained that the crash was caused by a Blazer that had been

unsafely jacked up and had ineffective brakes and steering. She also

said the roadway was improperly lighted and banked at the time.

Remembering the trial five years later, Bridgman said she is still

troubled by Keller’s tactics during the trial.

“She defended the person who killed my son,” Bridgman said. “She

was particularly aggressive.”

On Feb. 26, 1998, a jury convicted Rausch of a reduced charge of

misdemeanor vehicular manslaughter. In May 1998, Superior Court Judge

Everett Dickey handed Rauch three years of probation.

During the trial, Bridgman assailed Rausch, saying he hadn’t owned

up to his culpability in the death of her son.

Bridgman said Rausch “doesn’t live with the fact that he killed

someone. I’m the one who has to live with that fact. He has never

admitted his mistakes. He has never admitted what he’s done.”

Bridgman also criticized Dickey for handing out the sentence.

THE RATINGS

As a past president of the Orange County Bar Assn., Keller’s

opinions carry weight among the group’s 6,800 members, some attorneys

have said. However, the judicial candidates that participate in the

ratings process are evaluated by a large number of lawyers and

judges.

One attorney’s opinion, no matter how influential, wouldn’t result

in a “not recommended” rating, said Dick Millar, the association’s

president.

“If [Keller] voiced something, I’m sure it was considered,” said

Millar, who has a Newport Beach law practice. “But I’d be surprised

if it was given weight over anybody else’s opinion.”

The bar handed out ratings to all judicial candidates except John

Adams, who declined to be rated.

Costa Mesa trial attorney Gay Sandoval was handed a “qualified”

rating. Newport Beach attorney Glenda Sanders, who is also running

for a judgeship, was given a “highly qualified” rating.

When the group begins the ratings process, members send out a

30-page questionnaire to the candidates asking for a litany of

personal data, including the names of attorneys on the other side of

the table on trials and judges that have heard the candidate’s cases.

The association’s 30-member judiciary committee then appoints

three of its members to hold face-to-face interviews with the

candidates. In these sessions, the candidate is given the opportunity

to respond to any complaints or unflattering claims about their

professional conduct.

“It’s a meticulously thorough investigation,” MacEachern said.

“It’s a very solid measure of your ability, integrity and judicial

temperament.”

Keller is not a member of the judiciary committee, Millar said,

and did not interview Bridgman or recommend a rating for her.

A segment of the legal community has questioned Bridgman’s ability

to serve as a judge, saying she has not been able to put her son’s

death behind her.

Dick Gould, the former partner of Bridgman’s husband Bruce, and

the Newport Beach attorney who is managing MacEachern’s campaign, has

voiced that view.

“It appears that Vickie has not recovered from that,” said Gould.

“She doesn’t really have the temperament for it.”

Bridgman has rejected that view, saying she would be able to put

her own feelings aside while she hears cases.

In the March 5 primary, Bridgman and MacEachern secured 46% and

36%, respectively. They must run against each other since neither

secured more than 50% of the vote.

* PAUL CLINTON covers the environment and politics. He may be

reached at (949) 764-4330 or by e-mail at [email protected].