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Newly sworn-in San Diego County Superior Court judges Rod Shelton (left) and David Rubin
san diego
Openly gay prosecutor sworn in as Superior Court judge
Rubin is first elected openly gay man in San Diego County
Published Thursday, 11-Jan-2007 in issue 994
If the corridors of the US Grant Hotel could provide a historic account of the events for which they’ve borne witness, watching the installation ceremony of a gay Jewish man to an elected judicial post in San Diego County would not be one of them, until now. Former Deputy District Attorney David Rubin made history Jan. 8, when he was sworn in as the presiding judge of Office 49 of the San Diego Superior Court.
“It’s the culmination of a dream of mine to become a judge and it’s a great achievement, I think, for our community that we have elected an openly gay man in this county,” Rubin said as he prepared for an installation ceremony he had spent his entire legal career working toward.
In the company of friends, family and esteemed dignitaries, Rubin recited his oath of office before being joined on stage by his partner, Todd Stevens, and mother, Thelma Rubin, who cloaked her son with a traditional black robe while planting a maternal kiss on his cheek.
Rubin’s prominence within the San Diego community was abundantly evident from the make-up of the audience. In a ballroom of standing room only, Congressmember Bob Filner, District Attorney Bonnie Dumanis and Sheriff William Kolender made brief appearances as a gesture of support for the new judge. The limelight was only slightly rivaled by the Honorable Rod Shelton, who also won an elected judgeship in November and who had enjoyed his judicial installation that morning.
As an elected justice, Rubin is faced with the challenge of severing political ties and loyalties while on the bench, ensuring the integrity of blind justice. In an effort to dispel possible public concern about future unfair judicial practices, Rubin assured that “every single contributor and volunteer who worked on my campaign will be on an alphabetical list in my courtroom.”
“Anyone can look at the list and if they are concerned, we will discuss it,” he said.
The former prosecutor was lauded by a wide spectrum of the electorate in months preceding the November election, garnering him a highly coveted San Diego Union-Tribune endorsement and the immediate support of Dumanis and Kolender. Talking about the unprecedented victory in San Diego County, a giddy Rubin believes that citizens wanted “… someone who’s got an impeccable record of ethics and integrity, someone who is a good listener and someone who has great respect for the law and for the litigants.”
“I think that’s why conservatives rallied to me, as well as liberals, moderates and everybody across the spectrum,” he added.
Opponent Paul Pfingst, San Diego’s former district attorney and longtime colleague of Rubin, had a balanced record of private and public sector experience. But many employees who worked for Pfingst in the District Attorney’s Office prior to his ouster in 2002 by Dumanis spoke in stark opposition to electing Pfingst to the judgeship. Many noted his erratic temperament as unbefitting of a judge.
As a deputy district attorney for two decades, Rubin successfully prosecuted two death penalty cases, including that of Adrian Camacho for the murder of Tony Zeppetella, an Oceanside police officer in 2003.
Rubin’s campaign was a testament to his demonstrable ability to unite otherwise ideological factions of people. Through his charismatic grin and temperate demeanor, Rubin’s record proved impervious to gay-bating tactics generated by the opposition.
As a volunteer speaker at San Diego Police Department GLBT sensitivity trainings and a mentor for gay law students in his downtime, Rubin intends to continue doing “anything I can do to help young gay men and women who are either in school, college or thinking about a career.”
As a litmus test of the impact of his career, Rubin said: “The one thing that I always ask myself is, there are gay kids being born every single day and what am I doing in my life and in my career to help move the cause of equal rights along so that when they get to be in college and in their careers, they won’t have to face some of the obstacles I have? I’m hoping I can continue to do that by being the best judge I can be.”
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