Only one San Diego Superior Court judge faces a challenger on Nov. 6 in a race that has taken on a red-vs.-blue hue for a position meant to be nonpartisan.

San Diego County Deputy District Attorney Matt Brower, who has the support of many Democratic and labor organizations, is on the ballot for judicial Seat No. 37 against incumbent Judge Gary Kreep, endorsed by Republican politicians and organizations.

Kreep, with his background as attorney for a “birther” lawsuit challenging President Barack Obama’s Hawaiian birthplace, was elected to the bench in 2012, beating out challenger Garland Peed, who was a San Diego County prosecutor at the time.

After a few years on the bench, Kreep last year received a “severe public censure” from the state Commission on Judicial Performance, citing 29 acts of judicial and election misconduct. One of those acts, the commission said, was Kreep’s political activity opposing Obama’s re-election during his own judicial campaign.


In this year’s June primary election, Kreep faced four attorneys seeking to unseat him. Kreep was one of the few, if any, Superior Court incumbents statewide who failed to win their primary outright.

With 31.6 percent of the vote, the judge now is in a runoff with Brower, who came in second with 26.2 percent of the vote.

Brower has been a Marine Corps judge advocate for eight years on active duty and now as a reservist lieutenant colonel assigned to the European Command in Stuttgart, Germany. He has been a county prosecutor since 2012, handling fraud and theft cases.

The San Diego County Bar Association rated Kreep as “lacking qualifications” to be a judge and rated Brower as “qualified.”


The Earl B. Gilliam Bar Association recently announced its opposition to Kreep’s re-election “squarely based on Judge Kreep’s unfitness for office,” association president Andrea St. Julian said in a statement.

“The African-American community’s concerns about Judge Kreep are amplified by the fact that he still falsely claims that President Barack Obama was born in Kenya and was not eligible to be President of the United States,” St. Julian added.

Kreep is endorsed by the county’s Republican Party, East County Tea Party, California Republican Veterans Association, Oceanside Republican Women Federated, Patriots Union and North County Conservatives.

A full list of the judge’s endorsements on his election website is available here.


Brower is endorsed by the county’s Democratic Party as well as San Diego County Democratic Veterans, San Diego County Democrats for Environmental Action, San Diego County Democratic Women, San Diego County Labor Democrats and the Martin Luther King Jr. Democrats of San Diego.

The full list of endorsements from Brower’s election web page is available here.

Kreep, made aware in an email exchange that the San Diego Union-Tribune would ask him about his “birther” beliefs, said he would agree to an interview “if and when you agree to not be a proponent of my opponent’s attacks on me.”

Last year’s public censure of the judge came after some attorneys and litigants reported that he had made offensive comments aimed at their race, appearance and gender. Such behavior “demonstrates a lack of judicial temperament,” the Commission on Judicial Performance said.


In past interviews, Kreep has defended himself by saying the comments were never intended to be offensive, and that he has corrected his past behavior or mistakes. He said he works hard at his assignment handling unlawful detainer cases to make sure both parties fully understand the law and their responsibilities.

Kreep also has said that, as an outspoken Christian and political conservative, he is the victim of a conspiracy by the press and judicial establishment to get him off the bench.

Brower said that he has campaigned for the judgeship by speaking to groups such as the American Legion and VFW, the conservative Lincoln Club, police and firefighter associations, Native Americans at the Barona and Sycuan reservations, the Sierra Club, Black Men United and San Diegans Against Crime.

“My priority as a judge would be to ensure that the law is upheld in the context of treating all people with professionalism, dignity and respect,” Brower said in an emailed statement.


Both Brower and Kreep earned their law degrees at the University of San Diego School of Law.

Brower served as a volunteer with the Family Justice Center in San Diego before passing the bar. He is married and has two children.

Kreep started his own law firm in 1975, practicing family, business and administrative law and appellate work. He co-founded the United States Justice Foundation, a Constitutional rights nonprofit, serving as president until his judgeship.


pauline.repard@sduniontribune.com

Twitter: @pdrepard