Veteran prosecutor Tim Covello is our pick for Superior Court judge

They've been on opposite sides of the courtroom in criminal cases, and now former prosecutor Tim Covello and defense attorney Ilan Funke-Bilu are facing off in the June election, vying for the vacant seat created by Judge Barry LaBarbera's retirement.

Funke-Bilu is one of the best-known criminal attorneys on the Central Coast; he’s also handled other types of cases including contracts, real estate and divorces.

“I know no one in the county who has the breadth and length of my experience,” he said at a candidates’ forum.

Covello, who is now a court commissioner, handled some of the toughest cases in the county as a prosecutor. He put the murderers of teenager Dystiny Myers behind bars for life and sent killer Rex Krebs to death row for the murder of two college students in the 1990s.

When former District Attorney Gerry Shea retired four years ago, Covello appeared to be the likely replacement, but he lost the election to fellow prosecutor Dan Dow.

For the past two years, he’s been a court commissioner handling small claims, traffic court, juvenile truancy cases, family treatment court and more.

We’re impressed by the transition he’s made — he strikes us a thoughtful, patient and respectful commissioner.

We believe he'd make an outstanding judge, provided he's not a rubber stamp for the District Attorney's Office, where he spent much of his career.

In addition, we urge that he follow through on his support for bail reform and alternatives to incarceration, especially for mentally ill offenders, by advocating strongly for programs that would make our justice system more responsive and effective.

As for Funke-Bilu, he is obviously devoted to the law, and he’s an effective and passionate advocate for his clients.

We have concerns, though, about some of his tactics, especially as they affect victims of crime.

Last year, a civil case was filed against him alleging that he illegally sought and received confidential medical records of an alleged sexual assault victim.

The records were later ruled inadmissible at the criminal trial.

Funke-Bilu told a Tribune reporter that there’s no law against asking for the records, regardless of whether they can lawfully be supplied.

“If the clinic gives me records, it’s not like I put a gun to their head,” he said.

That's rather cavalier. We agree defendants are entitled to a vigorous defense, but not if it means violating an alleged victim’s privacy rights and putting a health clinic in a position where it can be dragged into court.

Another concern: When asked at a candidates’ forum about the greatest challenge facing the San Luis Obispo courts, Funke-Bilu said it’s the “ever-expanding calendars.”

“I think there is an over-abundance of trials. It’s causing the system to explode.”

He harkened back to a motto from San Luis Obispo County's "old days": “There was never a misdemeanor that couldn’t settle.”

“That motto is gone,” he said. “We can do so much by becoming more aggressive.”

In response, Covello pointed out that judicial canons “don’t let you become aggressive as a judge.”

He also noted that it’s not appropriate to “twist the arm” of the defendant.

“That’s called not being just.”

Exactly.

We believe Covello has the judicial demeanor, the experience and background required of judges and, between the two candidates, he is better suited for the bench.

The Tribune strongly endorses Tim Covello for Superior Court judge.

This story was originally published May 25, 2018 at 7:44 PM with the headline "Veteran prosecutor Tim Covello is our pick for Superior Court judge."