Deputy DA unseats incumbent LA judge in rare election upset

Deputy District Attorney Tal Khan Valbuena has defeated incumbent Los Angeles County Superior Court Judge Robert S. Draper in one of the rare judicial election upsets in California, ending the tenure of a judge once regarded as one of the state's most accomplished trial lawyers.

As of Wednesday, returns showed Khan Valbuena receiving 56.83% of the vote to Draper's 43.17%.

Unseating incumbent judges is rare. This year, Draper was one of three Los Angeles County judges facing challengers. Judge David Walgren was easily re-elected, while Judge Pat Connolly remained locked in a close contest.

Draper, however, lost by a wide margin to the challenger, who appeared on the ballot as Tal K. Valbuena but said he would use his full name - Tal Khan Valbuena - as a judge.

Draper was appointed to the bench in 2012 by Gov. Jerry Brown at 71, making him the oldest person appointed judge in California history. He did not respond to an email request for comment on Wednesday.

Khan Valbuena, who works in mental health court, said he is still reflecting on why voters chose him over a sitting judge.

Voters may be seeking judges who combine legal credentials with empathy, kindness and respect, he said, emphasizing his campaign platform.

"I also think we may be witnessing a change in how voters make decisions," he added. "Many people have told me they used internet searches and AI tools to learn more about candidates and compare qualifications."

Khan Valbuena said he focused his campaign on his qualifications rather than attacking Draper.

In an Instagram post noting that the Angeles County Bar Association had ranked Draper unqualified, Khan Valbuena stated, "Sometimes people are no longer qualified to hold a public office. When that happens, we should thank the incumbent for their years of service and vote for a change."

"My message to voters was centered on my experience, my record in the courtroom, and the qualities I believe are essential in a judge: fairness, preparation, humility, empathy, and respect for every person who comes before the court."

Yet Draper's fitness for office became a central issue during the campaign.

In January, the California Commission on Judicial Performance issued formal charges against Draper alleging misconduct that included bias, disclosure of confidential materials, inappropriate communications, and offensive comments. The commission alleged that Draper made racially charged and gender-based remarks during a 2023 hearing, engaged in improper ex parte communications, attempted to influence or solicit statements about his performance while cases were pending, and improperly shared confidential court materials.

Draper denied most of the allegations, specifically stating that claims regarding his competency were unfounded. "Respondent further denies that his conduct evidences any disability that interfered with his performance of his judicial duties, temporary or otherwise," stated the response prepared by Draper's attorneys from Posner Law Corporation and Adamczyk Legal P.C.

The commission conducted a public hearing beginning April 27 before a panel of special masters consisting of Justice James M. Humes of the 1st District Court of Appeal, Ventura County Superior Court Judge Matthew P. Guasco and San Bernardino County Superior Court Judge Michael A. Knish.

Their decision remained pending. Draper will complete 15 years on the bench in January unless the commission takes action to remove him before then.

Supporters of Draper argued throughout the campaign that allegations regarding his mental fitness had not been substantiated.

Superior Court Judge Kim Repecka, who endorsed Draper in a campaign video from her chambers wearing her robe, stated she would not support him if she believed he was unfit to serve. She also said his Parkinson's disease affected his movement but not his mental acuity and noted commission attorneys were not alleging a medical condition impaired his judicial performance.

Before joining the bench, Draper spent 25 years as a business litigator at O'Melveny & Myers, representing major corporate clients.

"Bob's reputation was that he could try any case, any time. He was the person you brought in when a case was going to trial and you needed an experienced, ruthless trial lawyer," former O'Melveny associate Matt Close said in a 2023 Daily Journal profile.

During the campaign, Khan Valbuena highlighted his background as a Pakistani immigrant, Muslim and gay man, saying those experiences shaped his perspective on the justice system but were not qualifications for office.

"Ultimately, what qualifies someone for judicial service is not their background, but their character, judgment, temperament, and experience," he said in the interview.

Khan Valbuena received his law degree from The George Washington University School of Law and said he spent three years in complex civil litigation at two law firms before joining the district attorney's office.

He said his experience as a deputy district attorney prepared him for the bench by teaching him the importance of preparation and the value of listening. "Third, my experience has reinforced the importance of fairness and humility."

laurinda_keys@dailyjournal.com