David Rubin, an openly gay San Diego deputy district attorney, has announced his campaign for San Diego County Superior Court Office No. 49. The countywide election takes place on June 6. The judge’s term lasts six years, and goes into effect in January 2007.

As a deputy district attorney, Rubin has won arguably two of the most difficult cases undertaken by the San Diego District Attorney’s Office. In one case, Rubin successfully prosecuted Brandon Wilson, who in 1998 murdered 9-year-old Matthew Cecchi by slashing his throat in an Oceanside public restroom. Wilson received the death penalty.

The other case involved the murder of Oceanside police officer Tony Zeppetella, who was shot 13 times by Adrian Camacho in 2003. Last year, Rubin prosecuted Camacho, and a jury recommended the death penalty. On Feb. 7, Judge Joan Weber upheld the jury’s recommendation for the death penalty.

Rubin’s conviction rate for homicides stands at 100 percent, and he has worked in nearly all facets of prosecution, including child abuse, sexual assault and homicide.

Rubin’s career in the District Attorney’s Office began in 1986 when he served as a law clerk. In February 1987, after passing the California Bar Exam, he became a deputy district attorney. Rubin has served under three district attorneys: Ed Miller Jr., Paul Pfingst and the current district attorney, Bonnie Dumanis, who’s running for re-election unopposed. Pfingst will be Rubin’s only opponent as they campaign for H. Ronald Domnitz’s open judicial seat. Domnitz is retiring. The filing deadline for all candidates was March 15.

The Gay & Lesbian Times recently spoke with Rubin about his campaign.

Gay & Lesbian Times: Why are you running for Superior Court judge?

David Rubin: I’ve always had my eye on it. I’ve been in the District Attorney’s Office more than 19 years now. I have done every type of case. I have a wonderful career here, and really enjoyed my work, and just really enjoyed serving the public … [I] thought about other ways that I could continue serving the public and keep my perspective in the court system. Being on the bench would be an ideal fit for me just in terms of my temperament and my record.

GLT: Why do you think it’s important to run as an openly gay candidate?

DR: The essence of being a judge is being open, honest and candid with the public and with litigants. I can’t imagine not being honest about who I am. I’ve been open as a gay person before I was hired in 1987, and to this office. I was the first openly gay law enforcement official in Southern California. I just think if you’re serving the public and you’re dealing with the public, they have a right to two things. One, they have a right to have their officials be open and honest with them. And two, I think if people are out in the workplace, they should have nothing to be ashamed of or hide. That’s why I came out.

GLT: Do you think that your openness about your sexuality will aid or hurt your campaign in any way?

DR: I think that we can look at [Dumanis’] race in 1994, 1998 and 2002, when she beat the incumbent district attorney [Pfingst], who is my opponent in this race. It did not hamper her at all. I’m not expecting it to be an issue in this race.

GLT: Do you think your two high-profile court victories will give you an edge?

DR: I think that what it does is it speaks to my competency and my ability, and it speaks to the trust that the previous district attorney, my opponent, had in me, and also the current district attorney has in me to handle very difficult and sensitive cases. I think it’s those components that helps me because it expresses to the voter this is someone who can handle complicated litigation. He’s someone who’s cool under fire. He’s someone who will give everybody a fair shake.

GLT: How do you compare yourself with candidate Paul Pfingst?

DR: I think that when you look at what it takes to be an effective judge, there are probably three things that we want to look at. The first is: Does this person have a record of litigation experience that we can trust? The answer with that for me is yes. I’ve had a broader range of criminal experience than he has. I’ve done capital cases. He has not. But I’ve also fought hard and vigorously in this town. I have a reputation of honesty, integrity and ethics that’s very important. That’s obviously weighed in my favor just in terms of that experience. The second thing we look for is judicial temperament. I think if you ask people about my temperament from the bench, they’ll consider me the superior candidate in that area in terms of my staying calm, treating people well and just my demeanor in a court room and business setting. Finally, there’s just who’s got broad community support. Is it him or is it me?

If you look at my endorsement list, it just spans everything. It’s a very broad coalition of support, which I find very humbling. I have Sheriff [Bill] Kolender. I have Bonnie Dumanis. I’ve got Supervisor [Ron] Roberts and Supervisor [Pam] Slater-Price. I’ve got all the law enforcement groups in the county. I’ve got community leaders. I’ve got Republicans. I’ve got Democrats. I’ve got everything – numerous judges. I have all that, and I think that’s important. That makes me, between us, the better candidate.

GLT: How do you think the GLBT community will be affected if you’re elected?

DR: I think it would be a very positive development for the gay and lesbian community for a couple of reasons. The first one is since we have historically had a hard time getting openly gay men elected to office, certainly county-side, this will break that pattern. That would be positive for the gay and lesbian community. Secondly, any time we can elect a competent, good, outstanding person to office – whoever that person is – and that person happens to be gay, that always reflects well on the gay community, too.