4 SEEKING SEAT ON MUNICIPAL COURT'S BENCH.

Byline: Karen Maeshiro Daily News Staff Writer

Four candidates are running for an Antelope Municipal Court judgeship against a backdrop of news that crime went down last year in every populous Los Angeles County city except those in the Antelope Valley.

The four are Calabasas civil attorney Michael Duberchin, Acton attorney Larry Layton, Deputy District Attorney Steve Ogden and Superior Court referee Joel Wallenstein.

The four had different reactions to FBI crime figures, released last week, that show Lancaster had a 9.4 percent jump in crime in 1997 and Palmdale a 5.9 percent increase.

The statistics mean ``somebody out there is not sending the message that crime is going to be dealt with in a tough fashion,'' Duberchin said. ``I will uphold the law. I will apply (laws) in a tough fashion. Criminals belong in one place: behind bars.''

Layton said he would place defendants ``on a string'' by having them report back to him so he can better monitor their behavior.

``I think if judges are not tough, then the crime rate will go up. I can't promise I can have control over it to make it go down. I will do my part as Municipal Court judge to keep the crime rate down,'' Layton said.

Decline in crime

Ogden said certain types of serious crime, such as homicides and robberies, have declined in the past several years.

``We don't have armed robbery cases taking place as we did six years ago. We had real shoot'em-ups in those days,'' Ogden said. ``Judges are not law enforcement officers in the sense they don't make arrests. We put (away) people who are dangerous to the community. We incarcerate them and try to convince them if they continue in their wicked ways, we will continue putting them in jail or prison.''

Wallenstein said he would look more closely at the figures.

``That's a very interesting statistic. It may be just an aberration. That's something we have to look into and determine whether it's an aberration or if it's an actual problem in law enforcement.''

When it comes to sentencing, Municipal Court judges actually deal with those who commit relatively minor crimes. Felonies are tried in Superior Court.

Municipal Court judges' duties, however, include conducting preliminary hearings to determine whether there is probable cause to send felony suspects to Superior Court.

The primary election will be Tuesday. If no candidate gets a majority of the votes, the top two vote-getters will face off in the Nov. 3 general election for a six-year term on the bench. The four men are vying to replace Antelope Municipal Court Judge Howard Swart, who is retiring after serving for 10 years.

The Los Angeles County Bar Association gave its top rating of ``well qualified'' to Ogden and Wallenstein, a ``qualified'' label to Duberchin and a ``not qualified'' rating to Layton.

Layton lacks the ``necessary legal and judicial experience and judicial temperament,'' bar association officials said in a joint evaluation.

Layton said the association is wrong and attacked him for Christian beliefs and anti-abortion views, a charge association officials denied.

Duberchin, 56, who lives and works in Calabasas, has worked as an attorney since 1983 and specializes workplace issues and business litigation.

He received a bachelor's degree from North Park College and Lutheran Seminary in Chicago. He worked as a television and radio reporter and owned a plant that made components for lamps and lighting fixtures. He got his law degree from the University of San Fernando Valley College of Law, now part of La Verne University.

Duberchin has run unsuccessfully for office before, but not in the judicial arena. He ran for the Los Angeles City Council in 1972 and for the state Assembly in 1973.

Duberchin said he considered himself the most qualified candidate because he has practiced law in every type of court in the state, except the California Supreme Court, and also gained other perspectives.

``I have the most life experience,'' he said. ``I've not only been in law, but I've been in business, and I've been a journalist.

``Everybody else running has been a lawyer, and you lose perspective of other aspects of life when you've done just one thing in your life. There's more to being judge than criminal law.''

Previously ran

Layton, 55, ran unsuccessfully for a Municipal Court seat in 1994 and 1996. He owns and operates the Larry H. Layton School of Law. He has been in private practice since 1975 - at Acton since 1987.

In the 1980s, he volunteered as judge pro tem handling small claims, traffic and civil cases. He received his law degree from the Glendale University College of Law in 1974.

``I have the most judicial experience and the widest range of legal experience in all areas of law,'' Layton said. ``I care most about people in the Antelope Valley getting justice. I'm very experienced at administrative organization, having organized my law school and private practice for over 23 years.''

Layton said he will work to have civil cases heard in the Antelope Valley. Such cases are now transferred to courts elsewhere because of court congestion.

``It's a matter of budget, time and space. The victims' rights and the criminals' rights are important. So are the rights of people in the Antelope Valley who go to court for reasons other than that,'' Layton said.

Layton also wants to establish a process for judges to post tentative rulings in civil matters to let attorneys know what issues they must face in their arguments.

Ogden, a 54-year-old resident of White Fence Farms, has been a deputy district attorney for 29 years - at the Lancaster office for the past nine years. When he announced his candidacy, five Antelope Valley judicial officers lined up in support of him.

Ogden received a bachelor's degree in history and psychology from Occidental College in 1965 and a law degree from the University of California, Los Angeles, in 1968. He worked his way th`rough school as a truck driver for Los Angeles newspapers.

``I think I can make a contribution to the administration of justice in this courthouse,'' said Ogden, adding he will work to get a new one built. ``I expect to live here the rest of my life. I think I can do a good job.

``If I have to work till 8 at night, I'll do it,'' Ogden said. ``My goal is simply to be a good judge and run an efficient courtroom. I don't have an agenda other than to carry out my oath of office.''

Ogden, who lives in the Antelope Valley, questioned the motives of Duberchin and Wallenstein, who are not local residents. A ballot measure in the June election would merge the Superior and Municipal courts. He accused them of wanting to win a seat in the Antelope Valley and then get assigned elsewhere in Los Angeles County.

``In my opinion, my two opponents want to practice down below. I'm not going anywhere,'' Ogden said.

Wallenstein, 37, is a resident of West Los Angeles. Since May 1997, he has been serving as a Superior Court referee at Los Padrinos Juvenile Hall in Downey.

Wallenstein worked as a Los Angeles County deputy public defender in the Van Nuys, Compton and downtown Los Angeles offices from 1989 to 1997. Before that he worked for five years as a Superior Court clerk.

Wallenstein received a bachelor's degree from Loyola Marymount University in 1982 and a law degree from the University of West Los Angeles College of Law in 1988.

``I'm running for judge because I want to serve the people of the Antelope Valley. I have the experience as a bench officer in the Superior Court. I (have) eight years of trial experience as a deputy public defender trying cases in the San Fernando Valley, downtown Los Angeles and Compton. I believe I would make a very good judge.''

Wallenstein said one of his goals would be to steer young people away from gangs, crime and drugs by ordering them to do community service in graffiti removal and other programs, in addition to serving time.

``I would send them to hospitals and the county morgue to view people that have been victims of violent assaults. Hopefully, in addition to punishment time, they can see the results in a real fashion of that kind of activity,'' Wallenstein said.

Duberchin and Wallenstein entered the race after the filing period was extended because Swart did not seek re-election.

Though the Municipal Court district extends from Agua Dulce to the Kern County line, the judgeship isn't limited to Antelope Valley residents.