Justice Says He’s Sorry About Endorsement : Judiciary: Scholars contend that remarks made supporting Lungren for governor violate state ethics code. ‘I regret any misunderstanding,’ Chief Justice Lucas says.

California Supreme Court Chief Justice Malcolm M. Lucas, under fire for apparently violating judicial ethics by making a political endorsement, said Wednesday he regrets that he “chose a poor turn of phrase” in expressing his desire to see Atty. Gen. Dan Lungren elected governor.

The California Judicial Code of Conduct prohibits judges from endorsing candidates for non-judicial offices. But last week at a Monterey conference of judges and court administrators, Lucas introduced Lungren by saying: “I told him I was going to say this: I expect and hope he will be the next governor of California.”

Legal scholars said Lucas’ remarks clearly violated the state code that governs judicial behavior. They noted that Lungren, as attorney general, is a major party in cases the state high court decides.

San Francisco lawyer Robert Rubin, who was at the conference to give a speech, filed a complaint against Lucas with the California Commission on Judicial Performance, which disciplines judges for misconduct.

In a four-paragraph statement, Lucas said he did not intend to endorse Lungren, who has not yet declared for governor in 1998.

“My remarks were unrehearsed and spontaneous,” Lucas said. “I regret any misunderstanding and confirm that I did not intend them to be a departure from what has been and continues to be my long-held practice of never endorsing candidates for partisan or nonpartisan office.”

Rubin is a civil rights lawyer who has been fighting Lungren in court over Proposition 187, the sweeping immigration ballot initiative, and in favor of a national “motor voter” law that allows people to register to vote at motor vehicle offices.

He said Lucas’ remarks were met with a “stony silence” by the audience, which included many chief justices from other states.

“Looking around the room,” Rubin said, “I think that many of the judges were taken aback by the injection of politics into this conference of judges.”

UC Berkeley law professor Steve Barnett said a public apology by Lucas should put the matter to rest, but USC law professor Erwin Chemerinsky said the chief justice probably should receive a private admonition from the state watchdog panel.

“This is not so serious as to justify his being removed from office,” Chemerinsky said, “but I think it does justify a private censure or some relatively mild discipline.”