MUNICIPAL JUDGE FACES CHALLENGER\Bar rates incumbent highest, rival lowest in A.V. court race.

Byline: Karen Maeshiro Daily News Staff Writer

Voters will decide March 26 whether to return incumbent Antelope Municipal Court Judge Chesley McKay or elect his challenger, Acton attorney Larry Layton, to a six-year term on the bench.

The race has been relatively quiet, although Layton has made an issue of McKay's possibly being promoted to a Superior Court judgeship - a matter that McKay calls irrelevant.

"I promise I will not quit in the middle of six years," Layton said. "I'm not criticizing him; I'm not saying it's improper or wrong. Every voter should realize he is expected to go to the Superior Court."

McKay says his name is up for consideration but there are about 5,000 applicants for two openings in Los Angeles County Superior Court. If he is appointed, he says he will stay in the Antelope Valley.

"My name is up for elevation, but that has nothing to do with anything," McKay said. "Whether or not I get elevated is irrelevant."

The Los Angeles County Bar Association released a report last week that gave McKay its top rating of "well qualified," while Layton got the lowest rating of "not qualified."

Layton said the bar association gave him a low rating because of his religious views and stance against abortion. Layton was deemed "not qualified" by the bar association in 1994 when he was one of five candidates in a hotly contested race for a Municipal Court seat.

Bar association officials said in their report that Layton earned the low rating because "at this time he lacks the necessary judicial temperament."

Rex Heinke, chairman of the bar's judicial election evaluations committee, said he could not elaborate on Layton's rating but denied that Layton's religious views influenced their decision.

"It has nothing to do with that," Heinke said. "We do not rate people on their religious views. We don't care what their religious views are."

To counter the bar association's evaluation, Layton points to letters he has received between 1981 and 1985 from judges and court personnel, who praise and express appreciation for his work as a volunteer judge pro tem.

"This type of pro bono service to the courts and the public exemplifies the high ideals of our profession. You are to be commended," wrote Judge Paul Metzler in 1981.

Adele Wiener, a branch supervisor in San Fernando Municipal Court, in 1982 wrote that Layton "handles the calendar efficiently, with great legal knowledge and wisdom."

Layton, 53, owns and operates the Larry H. Layton School of Law. He ran unsuccessfully for a judicial seat in 1994. Layton has been in private practice since 1975, in Acton since 1987.

In the 1980s he volunteered as judge pro tem, handling small claims, traffic and civil cases for the Los Angeles Judicial District.

"I want to serve as the people's judge for the next six years. I want to be a servant to the community," Layton said.

If elected, Layton says, he will promote the Seventh Amendment, which gives people the right to a jury trial in civil disputes over more than $20.

He also pledges to promote victims' rights over criminals' rights.

"The victim should be represented in court and in fact it is more important than the defendant's right to his attorney," Layton wrote in one campaign flier.

Layton's platform calls for lengthy jail terms for shoplifters, credit card swindlers, check forgers and petty thieves; "harsh treatment" of perpetrators of violent crimes; prompt and fair treatment for civil litigants; and treatment of those in small claims and traffic court with fairness, promptness, respect and justice.

Layton also said he would like to set up one courtroom strictly to handle civil procedures and trials. He notes that he is not raising or spending more than $1,000. "I owe no favors to anyone," Layton said.

McKay, 45, a former prosecutor in the district attorney's Lancaster office, was appointed Municipal Court judge in January 1994 to fill the vacancy left by the promotion of Judge Frank Jackson to a Lancaster Superior Court seat.

"I bring a great deal of experience and practical common sense to the bench. I'm a hard worker," McKay said. "I try very hard to give the people of the Antelope Valley exactly what they want in a judge: efficient, fair and tough. I

think people who appear before me and know me best, that's exactly what I am."

Since becoming judge, McKay said, he has improved the efficiency of the courts. In an eight-month period, McKay eliminated the civil jury trial backlog of more than 100 cases.

"I came in and showed the court can be run efficiently. Things can be done in a fair and prompt manner," McKay said.

McKay said he would like to make the courts more responsive to the needs of the community. He said he would like to explore the idea of running small claims and traffic court on Saturdays to serve commuters.

"One of the problems in the community is that a great many people commute, and it's difficult to use the courts," McKay said.

McKay, a 1982 graduate of San Fernando College of Law, had served as a deputy district attorney in Los Angeles County since 1984. Before that, he was an associate attorney in the law offices of Elizabeth Kaufman in Northridge, served as corporate counsel for WHB Chan and Co. from 1983 to 1984, and worked as an associate in the Encino law offices of Edwin S. Saul from 1982 to 1983.

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Photo (1) Chesley McKay Calls himself "fair and tough" (2) Larry Layton Rival offers to be "a servant"