Ted Weathers, an openly gay Superior Court Commissioner, was at the Statue of Liberty last week when his cell phone rang. It was the office of Gov. Gray Davis, calling to tell him he had been appointed a San Diego Superior Court judge. A former board member of the predominantly gay and lesbian San Diego Democratic Club, Weathers relinquished his political affiliations when he was appointed a commissioner in 2000.

“It was very symbolic, in that respect, to get the phone call from the governor’s office when you’re at the Statue of Liberty,” Weathers told the Gay and Lesbian Times. “It was hard to believe it was happening. I was with my family and we had my daughter and niece and nephew, and they were all excited about the Statue of Liberty, so we continued on our tour there and to Ellis Island. Meanwhile, I’m don’t even remember much about either place, because I was thinking about the appointment.”

Interestingly, Weathers was appointed to replace a vacancy that opened when notoriously homophobic Judge Larry Stirling retired. A supporter and friend of Senator Pete Knight, Stirling garnered the nickname “Lysol Larry” after he allegedly had his courtroom disinfected after hearing testimony from an HIV-infected person.

Judges typically run for a six-year term in office, but if a judge decides to retire or leave office before that term is over, the governor can appoint someone to the office for the remainder of the term — after which they would have to run for election.

As a Superior Court commissioner and judge pro tem for the past two years, Weathers has handled misdemeanor cases, but commissioners and judges pro tem are not appointments — they are “at will” positions, and they can be dismissed at any time.

A graduate of New York Law School, Weathers has taught at the University of San Diego and California Western School of Law, and has helped train newly appointed judges.

“I think it’s wonderful,” said Gloria Johnson, co-chair of the Democratic State Party LGBT Caucus. “Ted is a very outstanding person. He’s very efficient; he’ll just make a super judge.”

As the first openly gay man appointed to the bench in San Diego County, Weathers is breaking new ground for the GLBT community. Although District Attorney Bonnie Dumanis was ‘out’ as a lesbian when she took office as a judge, she was elected, rather than appointed.

“I don’t think there have been any other gays or lesbians in San Diego appointed by any governor,” said Weathers. “Governor Jerry Brown made some appointments in other counties.… Governor Davis has appointed several openly gay and lesbian candidates, but mine would be the first in San Diego County.”

“Of course the San Diego Democratic Club is very thrilled to have Ted appointed to the bench,” Jess Durfee, president of the San Diego Democratic Club, commented. “We endorsed his appointment and are very happy to see that once again Governor Gray Davis has delivered on his pledge to support the LGBT community by making appointments to various positions. The Superior Court judgeship that Ted has been appointed to is certainly a very good thing for San Diego.”

Weathers’ appointment is also of interest because he replaces a judge who was not a friend of the GLBT community. When asked if he thought the change was deliberate, Weathers replied, “It was suggested to me by others that [appointing an openly gay judge to replace Stirling] might have been intentional, but I don’t know. Judges, [and commissioners of the Superior Court] are subject to the judicial canon of ethics, that really prevents judges from disclosing personal opinions about any number of subjects — endorsing other people running for office or any type of matter that might appear in front of them. To say that I would be more favorable on GLBT issues would really be a violation of the judicial canon of ethics. All I can say is that, of course, I will be fair to everyone who appears in front of me.”

“[Stirling] certainly was not [GLBT friendly],” Johnson recalled. “I can remember the situation very well when a person with AIDS in his courtroom was coughing, he stopped the proceedings and sterilized the whole area. It was several years ago, but I remember it well. I think there will be a tremendous amount of difference [when Weathers takes over]. Ted will be very fair. He will not be prejudiced against any certain group of people; he will be very thoughtful and very logical as to the decisions he makes — I just think he’ll be terrific.”

Weathers was sworn in as a Superior Court judge on Wednesday, Aug. 30.