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THE VERDICT:Politics is nothing

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Whatever my shortcomings as a judge might have been, no one can deny that I was a superlative politician.

I was appointed to the Superior Court by then-Gov. Earl Warren. As far as the conservative Republicans who ran Orange County were concerned, that made me an object of suspicion. One year, Warren carried every county in the state but one: Orange County.

Since Warren represented what was known as the progressive branch of the party, he was, in the eyes of Orange County conservatives, somewhere between a Communist and a Socialist.

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So that was the first black mark against me.

The second, was that I came from Balboa — Sin City — which had lived for years off incomes derived from rum running, bootlegging and illegal gambling.

All of this did not bode well for a long career as a judge.

In the year before my first election, I went on a one-man campaign to try to counter those black marks. Every night I spoke at a PTA meeting. Every noon at a service club. Came the end of that year, and the establishment ran a highly respected Municipal Court judge from Santa Ana against me.

I won by a 3-1 margin. I carried every precinct in the county. I attributed it all to my political skills.

Years later, I was appointed to the Court of Appeal by then-Gov. Ronald Reagan. No problem with the conservatives here, and by this time Balboa had shed its tarnished image. There were other challenges, however.

The Court of Appeal is a rather obscure court, just a bunch of faceless men and women writing dry-as-dust opinions, either affirming or reversing decisions made by Superior Court judges.

As an appellate judge, you have practically no contact with the public. You also don’t have an opponent when election time comes around.

The ballot just says, “Should Robert Gardner be retained as the Presiding Justice of the Second Division of the Fourth District Court of Appeal?” Voters check yes or no.

Well, for years that made the elections cinches.

Then sometime in the middy, an anti-judge fever swept the state, and the percentage of yes votes for the Court of Appeal justices began to fall.

I viewed my election with some trepidation, but I didn’t go back to the PTA and service clubs. The territory was too big. The counties I covered included not only a much more populous Orange County, but also Inyo, Riverside and San Bernardino counties, where I was completely unknown.

I received 95% approval. And that’s when the realization hit.

Gardner is a magic political name. Had I known that, I would have run for higher office. Now it’s too late. Eighty-eight is probably a little old for a campaign tour.

It’s just as well.

If I went to New Hampshire this time of year, I would probably get pneumonia and die. And even a man with the name of Gardner can’t be elected president when he’s dead.


  • ROBERT GARDNER was a Corona del Mar resident and a judge. He died August 2005. This column originally ran March 7, 2000.
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