San Jose – Former Superior Court Judge Dolores Carr officially became the first woman in history to serve as Santa Clara County’s District Attorney when she was sworn in Monday.
Judge Robert Ahern administered the oath of office to Carr in the Board of Supervisors chambers in a low-key private ceremony.
Carr replaces George Kennedy who served 16 years in office.
Carr said that she embraces the challenge of running an efficient, ethical office with personnel she considers to have “the highest level of talent in the state.”
The new district attorney also said former prosecutor and Superior Court Judge Kevin Murphy, her first choice for chief assistant, has withdrawn his name from consideration.
“After news of his appointment was announced last Thursday, we discovered an old and little-known provision of the California Constitution (Article VI, Section 17) that appears to prohibit a judge from accepting public employment during the period of his or her judicial term,” Carr said. “The provision seems to apply even if that judge resigns from the bench before accepting the position.”
After withdrawing his application for the job he said: “Because I do not want to create an issue for you in your new administration … without controversy, I decline to accept your kind offer.”
Murphy had planned to resign from the Superior Court on Friday, Jan. 12, and assume his new duties in the Santa Clara County District Attorney’s Office on Jan. 15.
He has two more years remaining in his six-year term.
Carr said there was an opinion relative to Section 17 issued by the Attorney General in 1983 that can be interpreted as applying to Murphy’s appointment.
“The Attorney General’s opinion is advisory only, and there are no cases directly on this point, Carr said. “Unfortunately, there is no easy way to resolve this issue … Judge Murphy has elected to place the interests of this office above his own and has withdrawn his application for the chief assistant position.”
As the “outsider candidate in last year’s DA race, Carr is largely unknown to the office’s prosecutors, many of whom have nver known the office without Kennedy at the helm. Kennedy served for 16 years as chief deputy DA and joined the office even earlier.
A former family law judge, Carr ran on a pledge to shift the “win-at-all-costs mentality” of the office. Her opponent, Karyn Sinunu, deried her lack of experience within the office.
Tony Burchyns covers Morgan Hill for The Times. Reach him at (408) 779-4106 ext. 201 or tburchyns@morganhilltimes.
