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Katherine Feinstein retiring as judge

S.F. COURTS

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Katherine Feinstein, the presiding judge of San Francisco Superior Court, speaks with litigants in her courtroom on Wednesday, December 19, 2012 in San Francisco, Calif.
Katherine Feinstein, the presiding judge of San Francisco Superior Court, speaks with litigants in her courtroom on Wednesday, December 19, 2012 in San Francisco, Calif.Beck Diefenbach/Special to The Chronicle

Katherine Feinstein, who as presiding judge steered San Francisco Superior Court through a series of debilitating state budget cuts, is retiring after more than 12 years on the bench and is open to running for public office, she told The Chronicle.

The 55-year-old daughter of U.S. Sen. Dianne Feinstein downplayed, however, the possibility of vying for her mother's seat if the state's senior senator does not run in 2018, saying her mother shows no signs of slowing down.

The judge also indicated the Senate would be a big step for a neophyte to elected office, even one steeped in politics since childhood.

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"That would be a big leap," Katherine Feinstein said. "I think I have to sort of see how events unfold in the future."

Feinstein - whose last day on the bench will be Dec. 31 - said she has "absolutely no plans."

"I have no idea what may come my way," she said during an interview in her chambers. "I can say that there is nothing on the table, and there is nothing off the table."

The judge, though, said she would do something in public service, which could range from helping set up effective judicial systems in Africa to running for office.

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"Of course I've thought about politics. I was born thinking about politics," said Feinstein, whose mother is a former San Francisco supervisor and mayor. "It's something I've always shied away from. Whether I continue to shy away from it would depend on the position at this point."

Formidable foe

If Feinstein runs for office, "she would be a very interesting candidate, even for statewide office," said Corey Cook, a political scientist at the University of San Francisco.

With "built-in name recognition, she would have an instant base of support," he said. Feinstein would "certainly complicate things for folks looking for some vacancies" in the Legislature or Congress, he said, and could be a contender for state attorney general if Kamala Harris joins the Obama administration.

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"You can certainly imagine a fairly strong leap into elective office for her, and it's not just because she's Dianne Feinstein's daughter," Cook said. "She's a well-regarded judge and someone who is respected in her own right."

Feinstein is a former prosecutor and lawyer for police officers accused of wrongdoing. She was representing children in abuse and custody cases at the San Francisco city attorney's office when then-Gov. Gray Davis appointed her to the Superior Court bench in 2000.

The next year she co-founded a program, SQUIRES, which paired juvenile delinquents with convicts serving life sentences at San Quentin State Prison in a "scared straight" effort to set the youths on the right course.

Recently she spearheaded an effort to jail chronic inebriates who skip their court dates if they refuse to enter a treatment program. Public Defender Jeff Adachi is challenging the legality of the program.

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Judge Cynthia Ming-mei Lee will replace Feinstein as presiding judge.

Feinstein cited several factors in her retirement decision, including a "nose dive" in state funding for courts since 2008 and her lack of interest in moving to a more prestigious - but more removed - position on an appellate court.

'No, thank you'

"Barack Obama could call tomorrow and say he has a spot on the Supreme Court and I'd say, 'No, thank you' - not that I think that's going to happen," Feinstein said with a laugh. "I have never wanted to serve on a higher court, ever. I like being where the action is. I like the trial courts. ... I think it's time for a new challenge."

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The budget realities at the court also played a role, Feinstein said as she ticked off a list of cuts.

Five years ago, the court operated with a budget of $98 million. Now it is $74 million.

Over the past two years, while Feinstein was presiding judge, 10 commissioners handling lower-level cases were terminated. Another 57 employees were laid off. Eleven of the 63 courtrooms at the civil courthouse at 400 McAllister St. have been closed since October 2011. And the workload hasn't decreased, she said.

"Instead of building things, I have destroyed them, and that's really hard when you love an institution," she said.

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Feinstein blamed the deteriorating state of courts in part on the legislative and executive branches in Sacramento.

"We have a situation where the state judicial budget is 3 percent of the state budget, and it has been cut by one-third," Feinstein said. "So when you look at what I've always believed government was, which is three branches - I'm a bit of Pollyanna on this - when you have two of the branches being able to lop off the third, that's quite frightening, and that's what's happening."

Feinstein said she is more open to considering politics now that her daughter, Eileen, is at Stanford.

'Tough on family life'

"Politics is very tough on a family life. I think if you decide to have a child, you need to be able to see through your commitment to the child," she said. "I'm not suggesting that the alternative is that you not work. Politics demands a lot of your nights and a lot of your weekends. And that was not something I was willing to give up as regularly as you need to to be a successful elected official."

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Police Chief Greg Suhr, who has known Feinstein since he was a patrol officer and she was an assistant district attorney, hoped she would return to the public fold.

"There's nothing she wouldn't be good at. She's a driven woman," Suhr said. "It doesn't matter (what office). She's got my vote."

John Coté is a San Francisco Chronicle staff writer. E-mail: jcote@sfchronicle.com

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John Coté has worked at The San Francisco Chronicle as a reporter since 2006, covering criminal and civil trials, breaking news and other topics on the Peninsula before joining the San Francisco City Hall team in 2008. He has covered two San Francisco mayors, city and statewide political campaigns, and the intersection of professional sports and public policy.

He's written extensively about San Francisco hosting the America’s Cup, the city losing its professional football team to a new stadium in Santa Clara, and efforts to build a new arena in San Francisco for the Golden State Warriors. He has also covered land use, the failed attempt to remove San Francisco’s elected sheriff for official misconduct and efforts to revitalize the long-downtrodden Mid-Market area. Before joining The Chronicle, he worked at the South Florida Sun-Sentinel and the Modesto Bee, where he covered the Scott Peterson case. Currently, he covers the mayor of San Francisco and City Hall.