Sacramento Lawyer Magazine by Sacramento County Bar Association

July/August 2015

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

Operation Protect and Defend Law Day Dinner Celebration 2015 SCBA Member Only Benefits

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Lawyers at Leisure

“Anatomy of a Juror,” by Diana Ormanzhi, the Operation Protect and Defend 2015 Modern Masters of America Art Platinum Award winning piece. See page 34.

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EDITOR’S MESSAGE Betsy S. Kimball Editor-in-Chief

Dog Days... by Betsy S. Kimball

arlier this summer, I taught professional responsibility to 25 really enjoyable students at Pacific McGeorge. Throughout the course, I was candid about the practice of law. Much of “ethics” is about telling lawyers not to do bad things. That there is a need for such rules is a bummer. In preparing for the last class, I felt that I should say something uplifting or—dare I say—inspiring to the students about the profession they have chosen. Before I became Editor (now two years ago), I did not appreciate the range of “extra-curricular” activity which goes on in this legal community—that is, how much volunteer work judges and lawyers do across so many issues, needs, causes, programs, and the like. For example, in just one week this spring, I attended two events at which Justice Elena Duarte was a lead participant. The second of the two was the Operation Protect and Defend (OPD) dinner, the culmination of a multi-school program that requires the effort of literally scores of attorneys and judges. And the OPD program is “just” one of many. From this Editor’s perch, I now see how many equally worthy en-

deavors our bench and bar devote precious time and energy. It does make me proud to be a lawyer. On the cover of this issue is the OPD grand-prize-winning visual art piece. See p. 34 for more about the artist and the work. Whether you like the piece aesthetically, it is thoughtprovoking—just as the artist intended. Well done. Welcome to the staff of this magazine two law students, Roya Bagheri and Shoeb Mohammed. Shoeb is a third year student at Pacific McGeorge and a law clerk at Radoslovich Parker, PC. He was one of my students this summer. Roya is a second year law student at U.C. Davis and a participant in this year’s SCBA Diversity Fellowship Program, working at Klinedinst PC. This year marks the 25th anniversary of the SCBA’s Diversity Fellowship Program. We mark it with Natalie Vance’s article about the program and some of its alumni. Finally, we publish some fun photos of colleagues at leisure (p. 8). Enjoy the dog days of summer. GO GIANTS.

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EDITOR-IN-CHIEF Betsy S. Kimball Editor@sacbar.org ASSOCIATE EDITOR Ellen Arabian-Lee STAFF EDITORS Bryan Hawkins, Heather Cline Hoganson, Maureen Onyeagbako, Roya Bagheri, Shoeb Mohammed MAGAZINE COMMITTEE Betsy S. Kimball, Samson R. Elsbernd, David Graulich, Coral Henning, Heather Cline Hoganson, Yoshinori H.T. Himel CREATIVE DIRECTOR Mary J. Burroughs (916) 564-3780 - mburroughs@sacbar.org PRODUCTION DESIGN Milenko Vlajsavljevic ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 - scba@sacbar.org SCBA OFFICERS Angela Lai - President Heather Hoganson - 1st Vice President Sabrina Thomas - 2nd Vice President Sil Reggiardo - Secretary Treasurer SCBA EXECUTIVE DIRECTOR Mary J. Burroughs - mburroughs@sacbar.org

Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 1329 Howe Avenue, #100, Sacramento, CA 95825. Issn 1087-8771. Annual subscription rate: $6.00 included in membership dues, or $24.00 for nonmembers. Periodicals postage paid at Sacramento, California. Postmaster: Send address changes to Sacramento Lawyer, 1329 Howe Avenue, #100, Sacramento, CA 95825. Copyright 2015 by the Sacramento County Bar Association. Each author’s commentary reflects his/her individual opinion only and not that of his/her employer, organization with which he/she is affiliated, or Sacramento Lawyer magazine, unless otherwise stated.

CONTENTS SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

JULY / AUGUST 2015 VOLUME 116, NUMBER 4

COVER STORY 18 Operation Protect and Defend Law Day Dinner 2015 34 About the Cover FEATURE STORIES 10 Diversity and the Bar: Uniting Diverse Law Students with Local Firms 14 King John, Magna Carta and the Origins of English Legal Rights 22 A New Courthouse in the Works

SECTIONS & AFFILIATES 24 Judge James Mize Receives St. Thomas More Society’s Annual Integrity Award 27 SacLEGAL’s Jo Michael Receives National Honor 29 CCTLA’s Annual Spring Celebration Raises Funds for the Sacramento Food Bank BARRISTERS’ NEWS 28 Barristers’ Club Update EVENTS 8

In Honor of Summer … some leisure-time photos of our colleagues

VLSP 26 A Celebration at VLSP’s New Offices

DEPARTMENTS 4

Editor’s Message

President’s Message

31 Index of Advertisers

Sacramento Lawyer magazine welcomes letters and article suggestions from readers. Please e-mail them to editor@sacbar.org. The Sacramento County Bar Association reserves the right to edit articles and letters sent in for publication. Please contact the SCBA at 916-564-3780 for deadline information, fax 916-564-3787, or email mburroughs@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer magazine become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.

26 COVER

“Anatomy of a Juror,” by Diana Ormanzhi, the Operation Protect and Defend 2015 Modern Masters of America Art Platinum Award winning piece. See page 34.

www.sacbar.org www.sacbar.org | July/August | May/June 2015 2015 | SACRAMENTO | SACRAMENTO LAWYER LAWYER

PRESIDENT’S MESSAGE Angela Lai

Raise Your Right Hand and Swear to Be Civil

President, Sacramento County Bar Association

The Importance of Civility and Professionalism in Our Profession by Angela M. Lai

I write this, I just returned from the admissions At the same time, we have all heard lawyer jokes, and ceremony for new lawyers held before the Calithis is certainly not new. Indeed, an often-quoted line is fornia Court of Appeal, Third Appellate from Shakespeare: “The first thing we District. Associate Justice Ronald B. do, let’s kill all the lawyers.” This infaRobie reminded us of the civility provimous line is plastered on mugs, t-shirts, sion added to the oath taken by lawyers and bumper stickers. Of professionals admitted to the bar: in different fields, lawyers are ranked “As an officer of the court, I will one of the lowest in honesty and ethics strive to conduct myself at all times by the public in a recent Gallup poll. with dignity, courtesy, and integrity.” Given the adversarial nature of our The importance of civility cannot profession, being perfectly civil at all - Shakespeare, Henry VI be overstated to new lawyers–and all of times can be somewhat challenging. us in the profession as well. As lawyers, our jobs involve advocacy Many lawyers are professional and for our clients. Thanks to the distorted civil. Good examples include the Attorneys of the Year image in popular culture, clients often believe−or even exwhom the SCBA honors each year at the Annual Meeting. pect−lawyers to be tough and nasty. And some lawyers act accordingly. In their efforts to be zealous, some become uncivil, combative, rude, offensive, or even demeaning. Some may even challenge whether it is to their and their clients’ best interest to be civil and professional. Isn’t it more important to win, even at all cost? I beg to differ. Aside from the obvious reasons why lawyers should act civilly and the fact that we have taken an oath to do so, there are many other benefits to us, our clients, and our profession. First, our reputation and, thus, our credibility are our most important assets. Second, having a professional and courteous relationship with our fellow colleagues, including our adversaries, actually makes the practice of law a more satisfying experience. Third, Rambo lawyers do not achieve better results for their clients by being obnoxious or unethical. Let me end by returning to the infamous Shakespeare quote: “The first thing we do, let’s kill all the lawyers.” It is from Henry VI. The line was spoken by Dick the Butcher, the dopey henchman of rebel leader Jack Cade, who thought he could become king if he disturbed law and order. Dick the Butcher was concerned that the rebellion could not succeed so long as there were lawyers and judges around to instill justice in society. The line from Shakespeare portrays lawyers as the guardians of the rule of law who stood in the way of a fanatical mob. But the misuse of the quote is perhaps more revealing than the quote itself. Like it or not, it speaks volumes to the perception of incivility and unethical tactics among lawyers. Let us not become another lawyer joke.

“The first thing we do, let’s kill all the lawyers.”

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EVENTS

IN HONOR OF SUMMER

... some leisure-time photos of our colleagues

David Smith heading to the summit of Mt. McKinley

Christopher Fry competes as a Cross-Fit athlete

Sacramento WCAB Judges Dudley Phenix & Joseph Samuel

SACRAMENTO LAWYER | July/August 2015 | www.sacbar.org

Mary (the Glove) Burroughs before a recent Giants game

Captain Jack Vetter at the helm of his 38â&#x20AC;&#x2122; sloop-rigged cruiser/racer, Tutto Bene

Daniel Tichy presenting Judge Robert Thiessen with the SCBA plaque

David Lee, the head coach at Sacramento Saber Fencing Judge Jim Mize contemplates his weekly basketball game

Judge Dave De Alba displays the screaming rocket he caught off the bat of Giants 1st baseman Brandon Belt

Associate Editor Ellen Arabian-Lee on vacation with her family at the Cookie Jar restaurant in Dunlap, TN (June 2015) - Madeline age 5, husband Damon, Luke age 14 (curly brown hair in front), Parker age 14 (blond one with the cast), & Holden age 17

Tom Walker signals â&#x20AC;&#x153;first downâ&#x20AC;?

Ian Barlow and Bill Kershaw walk a mile in her shoes (Walk a Mile in Her Shoes is an international event in which men embrace the opportunity to raise awareness about the serious causes and effects of sexualized violence.) www.sacbar.org | July/August 2015 | SACRAMENTO LAWYER

FEATURE STORY

Natalie Vance is the managing

Diversity and the Bar: Uniting Diverse Law Students with Local Firms by Natalie Vance

shareholder of the Sacramento office of Klinedinst PC, where she focuses her practice on professional liability and business litigation. She may be contacted at nvance@klinedinstlaw.com.

2015 Fellows Front row, left to right: Alexandra Johnson, Omer Ali Kahn, Melissa Bocanegra, Parnian Vafaeenia, Diem Ly Vo Second row, left to right: Bahar Madani, Andia Farzaneh, Sophia Kwan, Linda Partmann, Laquae Felix, Rabia Majeed Back Row, Roya Bagheri, Peng Shao, Jermain Jones, Joel Guerra, Adam McIntyre, Suliman Khan, Not pictured: Hari Kumar

or the past 25 years, the Sacramento County Bar Association’s Diversity and Hiring Committee has been working with U.C. Davis and Pacific McGeorge to pair diverse first year law students with local firms as part of its Diversity Fellowship Program. The Fellowship Program introduces students to the work, requirements, and culture of local firms between their first and second years of law school. The fellows are provided the opportunity to, develop skills, confidence, and resumé credentials, as well as make professional contacts in the community, with the hope that they will be en-

couraged to consider Sacramento area law firms in their career planning. The Diversity and Hiring Committee is made up of representatives from local law firms, most of which participate in the summer program by agreeing to hire a summer fellow for 10 weeks each year. The fellows not only have the opportunity to work in a local firm, they also attend weekly lunch programs hosted by the participating firms and local courts, which introduce various aspects of law practice in Sacramento, such as legal writing, an introduction to the federal court, and law firm etiquette.

SACRAMENTO LAWYER | July/August 2015 | www.sacbar.org

The committee’s primary goal is to promote and increase diversity in Sacramento area law firms. And it works. While not every fellow ends up practicing in Sacramento, what is certain is that, among those who do, most would never have pursued a career with a Sacramento firm if not for their experience as a fellow. Angela Diesch, a 2005 fellow and current senior counsel at Kronick, Moskovitz, Tiedemann & Girard, credits her experience as a fellow with help-

EVENTS ing her make the decision to practice in Sacramento. “I discovered that you don’t have to be in a larger city like San Francisco or Los Angeles to have a successful practice and career. Because of the connections I made during the program, I decided Sacramento was a great place to live and work.” The program allowed Diesch to reimagine her career as a lawyer. Although she never envisioned working in a fancy office and wearing a suit every day, the program offered her a glimpse of private practice and what it meant to work in a professional environment. Similarly, for Latika Sharma, who spent six years as an associate with Wilke, Fleury, Hoffelt, Gould & Birney, LLP, the program was the difference between staying in Sacramento as opposed to moving to another city. “The program had a big influence on my decision to practice in Sacramento. I met my mentor through the program, as well as obtained firsthand experience in the Sacramento legal community and realized what a great place it is to practice as an attorney.” Private practice was not something Mayling Leong ever considered prior to spending her first year summer as a fellow. “The only attorneys I had come in contact with were attorneys in non-profit organizations and so I had believed, upon entering law school, that I would do the same.” Now a public finance attorney in the Sacramento Office of Orrick, Herrington & Sutcliffe LLP, Leong believes the program put her in a good position to navigate the recruiting process in her second year of law school and to excel as a summer law clerk. Although the program does not include any expectation of an offer to come back and work for the firm, fellows are encouraged to apply to their assigned firm and other local law firms through the normal channels. David Melton, a shareholder at Porter Scott, one of the founding firms on the committee, notes that “the Diversity Fellowship program gives diverse law students

the opportunity to clerk at some of the top civil litigation firms in Sacramento, who otherwise might be overlooked.” Melton confirmed that the program has led to several fellows obtaining associate attorney positions at Porter Scott. All of the firms that participate on the committee have articulated a commitment to improving diversity in the legal profession, and hosting a summer fellow allows firms to do something concrete to support efforts to diversify the legal profession. Mark Spring, partner in the Sacramento office of Carothers DiSante & Freudenberger LLP, a firm that has been participating in the program for more than a decade, commented that many of the firm’s clients are also committed to diversity and appreciate the firm’s participation in the program. Carothers DiSante has benefitted from the fellows’ work during the summer, while Spring has personally benefitted from the relationships formed with fellows who have gone on to have successful legal careers as well as other committee members. Sophia Kwan, counsel in the Sacramento office of Seyfarth Shaw LLP, has seen the benefits of the program from both sides, as a fellow and as the current co-chair of the committee. She even works at the same firm she clerked for as a fellow. Not only did she gain a firsthand understanding of the challenges and benefits of working in the private sector from her experience as a fellow, Kwan was able to speak to a number of attorneys about their firms, practice areas, and life balance. It was these discussions that helped her decide to go into private practice. As an attorney in the community, Kwan sees diversity as important to enriching and broadening the practice of law. “Different viewpoints also promote understanding and acceptance of others who may not have the exact same experience as I have had. These contri-

ONE FIRM’S EXPERIENCE: Natalie Vance learned about the SCBA’s Diversity Hiring and Retention Committee shortly after she arrived in Sacramento to open the Klinedinst firm’s office here. Klinedinst welcomed its first summer fellow in 2007, and has been participating in the program ever since. Vance stresses that, while the goal of the program is to support local law students, her firm has been equally enriched by the experience. This fall, Klinedinst PC will welcome one of its former fellows, Andrew Alfonso, as a first year attorney.

butions can have positive effects on an individual, an office, a law firm, or even broader to the legal community.” Hanson Bridgett LLP, a firm that has taken a leadership role in many diversity initiatives, has been a member of the committee for five years, and will be hosting its first summer fellow this year. Partner Andre Campbell believes the program benefits the fellows, the firm, and the community, noting that “we all benefit when the composition of the Sacramento bar mirrors that of the community it serves.” Mark Spring shares the view that “while improving, the opportunities for minority and other diverse law students and lawyers are not yet at the level they should be in Sacramento.” He looks forward to a day when the program is no longer needed. The Diversity and Hiring Committee is always seeking new member firms to join its ranks. For more information about participating on the committee or hosting a diversity fellow in 2016, contact Sophia Kwan at SKwan@seyfarth.com.

www.sacbar.org | July/August 2015 | SACRAMENTO LAWYER

S A C R A M E N T O C O U N T Y B A R A S S O C I AT I O N

SECTION & AFFILIATE NEWS

CONSTRUCTION LAW SECTION SCBA Construction A Law Section Reinstated

SACRAMENTO COUNTY BAR ASSOCIATION

fter decades of growth and development in the Sacramento region, much like the construction industry, the legal community felt the impact of the economic downturn over the past several years. One of the casualties of the downturn was the elimi-

nation of the Sacramento County Bar Association’s Construction Law Section. But with the region’s construction and development industries once again thriving, the Construction Law Section is being reinstated. The section will provide educational programs for construction law attorneys and opportunities to develop collegial working relationships with other attorneys S A C R A M E N TO across the broad spectrum of construcCOUNT Y BAR A S S O C I AT I O tion law practices in the NSacramento region. The section will also engage in outreach programs to provide professional development opportunities for law students interested in careers in construction law. If your practice involves any component of the construction industry in the Sacramento region, the section presents an excellent opportunity to network and stay on top of legal developments in your field, such as those related to drafting and negotiating contracts, working through project issues, payment disputes, lien and stop notice law, as well as construction defect litigation, post-project disputes and resolution/settlement options. Join now and take advantage of the Construction Law Section’s regular MCLE luncheons and meetings, which will include a variety of topical speakers and the opportunity to meet with other construction law attorneys in an informal environment to discuss timely legal developments and network with other attorneys. Section members can attend these luncheons and meetings for a reduced member rate, and will receive email copies of the Construction Law Section’s regular newsletter. For more information about the Construction Law Section, and how you can participate, please contact the SCBA office or Jessica Robison at jrobison@trainorfairbrook.com.

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FEATURE STORY

Paul M. Pruitt, Jr. is the Special

King John, Magna Carta and the Origins of English Legal Rights by Dr. Paul M. Pruitt, Jr.

Collections Librarian, Bounds Law Library, University of Alabama.

The original unabridged version of this article was published in the March 2015 issue of The Alabama Lawyer. Permission to re-print the article was kindly given by the author and by the Editor of The Alabama Lawyer and the Alabama Bar’s Director of Publications. The footnote numbering has been maintained from the unabridged version.

theory, no medieval king could afford to lose the cooperation of the archbishops, bishops and abbots who ruled over the vast landed holdings of the Catholic Church.10 By March 1208, [Pope] Innocent placed England under an Interdict.13 This ban (a doctrinal atom bomb) involved a suspension of religious services, rites and comforts. Non-offenders suffered along side transgressors.14 Unflustered, [King] John continued negotiating while administering church property and revenues through his agents. He retained the support of some clergy and a handful of bishops, and his propagandists spread the word that he was defending the ancient liberties of the English church.15 Meanwhile, John diverted church funds to assist with his overriding goal–retaking the lost lands. In November 1209, the Pope excommunicated him.16 Meanwhile, the church was only one of the institutions that John was bending to his awe. The next target, which fit nicely with his family history, was the legal system. John’s father, Henry II, had lifted England from the chaos of prolonged civil war17 by adroit use of his powers–most notably via the royal courts, through which he presided over the birth of a “common law” for England. Coordinated by a chief “justiciar,” this judicial system included the Exchequer, where sheriffs and crown debtors came to settle accounts; the “Bench,” a banc of jurists often sitting at Westminster; the court “Coram Rege,” which met in the king’s presence to hear pleas of the crown; and shire/county courts often presided over by traveling royal justices.18 John was interested in the law, and since he was mostly trapped in England, he paid personal attention to the courts.19 At the time–thanks to the professionalism of judges, and the reliability of writs and procedures–the royal courts were much in demand among small landowners. These litigants knew that royal courts produced definitive decisions on important matters: rights of seisin and inheritance, location of boundaries, possession of franchises.20 Thus, the king and his judges stood at the intersection of law and bureaucracy, to the benefit of many of his subjects. Wealthier

SACRAMENTO LAWYER | July/August 2015 | www.sacbar.org

litigants, to be sure, sometimes offered to pay “fines” in order to expedite a case or have it heard coram rege. Defendants sometimes offered payment to have a case against them dismissed or delayed.21 To staff his administrative state, John preferred to employ men from the knightly class, like his pliable justice, William Briwerre, or soldiers of fortune like Falkes de Bréauté, a castellan and sherriff known for his brutality.29 Such men served zealously in expectation of advancement.30 From John’s standpoint, careerists were preferable to men of noble houses; the latter were more likely to be independent-minded.31 The best way to manage highborn persons, John decided, was to trap them, offering them highpriced manors, offices or wardships, knowing that if they accepted, they would fall into his hands. His Court of Exchequer, tasked with judgments regarding crown debts, was a convenient forum for humbling the arrogant, blue-blooded or otherwise. True, this court often allowed its debtors to pay in installments, and John sometimes forgave debts altogether. That was the way John liked it, but sometimes his paranoia overrode his sense of reality. In 1201, John forgave a debt owed by the father of his close supporter, William de Briouze (or de Braose), the scion of a family of “marcher” (border) lords. Thereafter, John accepted William’s “proffer of 5,000 marks for the vast lordship of Limerick,” more than he could pay. So far so good, as De Briouze basked in the king’s favor, but soon John began to doubt his friend. Apparently De Briouze knew too much about the death of Arthur of Brittany. Eventually John initiated legal actions, in the course of which he demanded De Briouze’s sons as hostages, stripped William of lands and castles and finally outlawed him. The king’s men chased him out of England, and then out of lreland, imprisoning his wife and one of his sons. William died in France in 1211. His wife and son were starved to death at John’s orders.34 John was careful to obtain token baronial support for these actions. Yet the barons could not fail to see that nothing was safe-neither lands nor lives–while John was king.

FEATURE STORY “Plots Have I Laid”: Magna Carta’s Backstory35 John was paranoid, but by the time he devastated the De Briouzes, a number of people were out to get him. This included a brave minority of barons, who were prepared to oppose him on ideological as well as self-interested grounds. Such nobles were scornful of the bureaucrats and mercenaries who had the king’s ear. They contrasted their image of John’s court, dominated by his familiares, with the ethos and familiar procedures of the county and feudal courts. A court of the former type was headed by a sheriff, magnate or royal justice, who presided over an assembly of landholders and other parties entitled to be present. The attendees would hear petitions and accusations, discuss the laws and customs involved and take or defer actions. Feudal courts (courts-baron) were presided over by the lord or his Reeve, and attended chiefly of his vassals, men who expected their interests to be consulted when the lord asked for “aids” (specialoccasion taxes) or reliefs.36 In 1212, a plot to assassinate John was discovered, and one of his barons, Robert Fitzwalter, was forced to flee to France. A northern baron, Eustace de Vesci, fled across the Scottish border.39 The baronial resistance of 1213 was troublesome, but it hardly diminished that year’s great royal success: John’s escape from the perils of lnterdict. He did this by caving-in to Innocent’s demands. In fact, he offered himself as a vassal to the delighted Pope, who had been preparing to declare John deposed–using a French-led “crusade” as his weapon. The surrender had the effect, wrote Turner, of “suddenly transforming a stubborn enemy into an indulgent friend and a potent protector.”41 Thus, surly barons or no, John had gained breathing space in which to launch his long-delayed initiative in France in 1214. From Poitou, supported by loyal magnates, mercenary captains and allies from the Netherlands and Germany, he planned to catch Philip’s army in a pincer movement.42 A decade of scheming, plundering and rack-renting came to naught, though. The French won at Bouvines, and John came home in mid-October of 1214 with no martial glory, no reconquered lands and few liquid assets. Being John, he immediately set about punishing his foes, demanding a heavy scutage [contribution to be paid by those who owed the king military service] of those who had failed to accompany him to France. These demands irked magnates who were already in debt to the crown, notably in East Anglia and the north. At this point, about two-score of the barons turned conclusively on the king. Most resented high taxes and repeated calls for foreign service. Supposedly, some resented John’s lecherous advances toward their wives.43 Today, we know that they were all caught up in a changing feudal order. Relations that had once been based on “hom-

age” and “fealty” were increasingly financial in nature.44 As Sir James Holt once put it, the movement of 1215 “was a rebellion of the king’s debtors.”45 By December 1214, rebel barons had formed a conjuratio, an oath-bound body.46 Led by Eustace de Vesci and Robert Fitzwalter, their goal was a government per concilium, where controversies were settled per judicum.47 Early in January 1215, John met with the rebel leaders in London, but nothing was decided beyond another meeting after Easter. In the ensuing months, John played a masterly game, promising concessions to church and nobility, and in March cementing himself in Innocent’s goodwill by promising to go on Crusade.50 By the time of the post-Easter council, rebel opinion had hardened. Not trusting John, they came armed, bearing “a schedule of non-negotiable demands.” John did not appear, so they sent him their demands. By the end of April, John had received more welcome communications in the form of papal letters. One commanded the rebels to dissolve their conspiracies or face excommunication. Another scolded Langton and his bishops for taking the rebels’ side. Yet John had taught his subjects that papal wrath could be endured, even ignored. On May 5, the rebels renounced their allegiance to John.51 The hostilities that followed were quickly over. The barons failed to capture any of the Crown’s castles, but John’s forces failed to control London–whereupon support for the king seemed to melt away.52 Moderates such as the warrior-earl William Marshal53 urged arbitration. John, intent upon impressing Innocent, had already promised that he would not move against the rebels “‘except by the law of our realm or by judgment of their peers in our court.’” He may not have meant a word of this, but he had presented a basis for the celebrated 39th article of Magna Carta. Negotiations among Marshal, Stephen Langton and their counterparts began by early June, at Runnymede.54 By the 10th, John had agreed to the “Articles of the Barons,” essentially a draft of Magna Carta. Chancery clerks polished the language, and on June 19, the rebels exchanged the “kiss of peace” with John, who set his seal to the final document.55

Magna Carta: That Was Then, This Is Now Legal historian A.E. Dick Howard divides the 63 “chapters” of Magna Carta into subdivisions, with the first concerning feudal rights and finances.56 Chapter 2 addressed one of the barons’ chief complaints, reliefs, which were to be assessed according to the 100-shilling/100-pound scale noted above.57 More interesting to modern students, Chapter 12 promised that neither scutage nor aids should be imposed, “unless by common counsel” of the kingdom. While this may seem to inject a democratic note into the proceedings, the counselors in question were “the archbishops, bishops, abbots, earls, and great barons.”58 Still, these provisions repwww.sacbar.org | July/August 2015 | SACRAMENTO LAWYER

FEATURE STORY resented a distinct check upon the power of the monarch–an issue on which former writers had seemed confused.59 Future opponents of royal prerogative suffered no such confusion– for them, Magna Carta was gospel. Another of [Howard’s] categories consists of chapters pertaining to “Courts and Justice.”60 These include regulation of royal judges’ eyres, requiring them to travel to each county on a quarterly basis, and to dispense justice in company with four knights “elected out of each county by the people thereof.”61 Other chapters commanded courts to levy fines “according to the measure” of the offense, adding that penalties should not be calculated to ruin the fined party. These latter principles were to be applied all along the socio-economic scale, right down to serfs (villeins),62 which might be construed today as a democratic measure. Most likely, these measures were twofold in purpose: to co-opt an increasingly important knightly class, and to afford unfree persons, in any court, the sort of consideration that any good lord might show them. With regard to his own courts John admitted to endemic problems, promising in Chapter 40, “To no one will We sell, to none will We deny or delay, right or justice.” 63 Evocative as these provisions are, scholars and practitioners have paid the most attention to Chapter 39: “No free man shall be taken, imprisoned, disseised [ejected from his land], outlawed, banished, or in any way destroyed... except by the lawful judgment of his peers, and by the law of the land.” This language, which marks the dawning of “due process” as a ruling principle of common law, has had tremendous impact upon modern justice. For the rebel barons, the effect of Magna Carta was practical and immediate. Because John had left behind him a trail of murders, extralegal killings and seizures by force, the rebels did not trust John to carry out his promises. Chapter 61 of Magna Carta provides for a committee of 25 barons to advise and govern the king. This chapter concludes with a promise that John would not “procure, by Ourself or any other” means “whereby any of these concessions or liberties shall be revoked.”64 Despite these promises set on parchment with his seal, John showed his mastery of the solemn lie. Very soon he would ask Innocent to release him from obedience to Magna Carta, and Innocent complied in August of 1215. Civil War followed, in which John showed unexpected maturity and success as a commander, so much so that the rebel barons sent for French assistance. By the time of John’s death in October 1216, Philip II’s son, Louis, was in England as a claimant for the throne. Opposing him was John’s nine-year old son Henry III, who successfully turned the civil war into a war for English independence. Twice, in 1216 and 1217, the boy king reissued Magna Carta. An exceptionally longlived king, Henry III would re-issue the charter again in 1225, 1237 and 1253.65 His own policies were intended to regain

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his ancestors’ prerogatives, but his attitude toward Magna Carta proves that he ruled under the law.66

Conclusion By the middle of the 19th century, Magna Carta was firmly established as a starting point of the process by which English speaking peoples achieved free and balanced government.69 The name “Magna Carta” was so commonplace that Ralph Waldo Emerson, in 1856, could include it in a list of catch-phrases: “Magna-charta, jury trial, habeas-corpus, ship money, Popery, Plymouth-colony, American Revolution,” he wrote, “are all questions involving a yeoman’s right to his dinner.”70 In more modern times, the great charter’s name has been a code-word for a spectrum of motives and intentions. Consider Justice Hugo L. Black in 1947, quoting an earlier writer on pro-business interpretations of the 14th Amendment: “It [the amendment] was aimed at checking the power of wealth and privilege... It has become the Magna Charta of accumulated and organized capital.”71 As we celebrate the 800th anniversary of Magna Carta, we should recall that the original was written with an eye to several groups: the king and his officers, rebel barons, churchmen in England and Rome and as many knights and landowners as could be won over to support it. As a symbol, it has meant different things to leaders, jurists and scholars. Like the U.S. Constitution, it lives in our collective consciousness. Today, as in 1215, it stands for freedom and legal rights, as we, in a democratic society, define them.

Abridged Endnotes 10. Examine the modern printed shire records taken from the Domesday Book (the massive original of which was compiled 1086) to see that bishops, abbeys, and parishes rank among the shires’ wealthiest landowners, often holding as much land as the king. See, for example, John Morris and Clare Caldwell, eds., DOMESDAY BOOK: OXFORDSHIRE (1987), 154b. 11. [Ralph] Turner, KING JOHN (1994) 149-153. 12. [Frank] McLynn [RICHARD AND JOHN: KINGS AT WAR (2007)] 371-375; ROGER OF WENDOVER’S FLOWERS OF HISTORY, II: 215-218, 219-221. 236-238; and Turner, KING JOHN, 156-159. Note that Innocent also assessed the rights of the “suffrigan bishops of the church of Canterbury’’ in this matter. 13. McLynn, op. cit., 375; Turner, KING JOHN, 158-159. 14. Peter D. Clarke, THE INTERDICT IN THE THIRTEENTH CENTURY: A QUESTION OF COLLECTIVE GUILT (2007), 1, 15-28, 37-48. 170. 15. McLynn, op. cit., 375-377; Turner, KING JOHN, 160-163; and for an insight into John’s point of view, see [Christopher] Tyerman[WHO’S WHO IN EARLY MEDIEVAL ENGLAND (1996)] 321. 16. Turner, KING JOHN, 164-165. 17. After Henry I died (1135) a civil war raged (1139-1153) between his heir, the Empress Matilda, and the usurper, King Stephen. Henry II (1154-1189), was the son of Matilda. See McLynn, op. cit. 2; and for a succinct view of Henry ll’s royal style, see [Authur] Hogue [ORIGINS OF THE COMMON LAW (1966, 1986)] 33-45. 18. Hogue, op. cit. 151-163; Bartlett. op. cit. 177-193, especially190-192; J.C. Holt, MAGNA CARTA, 2nd ed. (1992),178-181; and see Taylor op. cit., 1: 303333, for the transition from Anglo Saxon law to Angevin common law. The circuit-rising royal justices were said to be “on eyre.” 19. Holt, op. cit., 180-183.

n California

FEATURE STORY 20. Bartlett, op. cit., 178-179, 190-193; McLynn, op. cit., 366-368; Turner, KING JOHN, 201-202; Turner, MAGNA CARTA, 13-14, 48; and see also Ralph V. Turner, ENGLISH JUDICIARY IN THE AGE OF GLANVILL AND BRACTON, 1176-1239 (1985), passim. 21. Turner, KING JOHN, 205-207; for treatment of “amercements,” monetary penalties inflicted by royal justices, see ibid, 209. And for the easy acceptance of the idea that extra payment to the crown or to judges was “part of the normal costs of lawsuits,” see ibid., 209 (quoted passage), 214. 29. Tyerman, op. cit., 317-319; and see Turner, ENGLISH JUDICIARY IN THE AGE OF GLANVILL AND BRACTON, 130-131. 30. Readers should consider Shakespeare’s TWELFTH NIGHT, Act. 2, Scene 5, lines 159-160 [Yale Shakespeare1922]: “Some are born great, some achieve greatness, and some have greatness thrust upon them.” 31. Turner, KING JOHN, 54-58, 72-76, 104. 34. [W.L. Warren, GOVERNANCE OF ANGEVIN ENGLAND, 1076-1272 (1987)] 158; Holt, MAGNA CARTA, 83, 109; Turner, KING JOHN, 197-198, 208, 220-221; Turner, MAGNA CARTA, 47-48; Tyerman, op. cit., 311-312; Bartlett, op. cit., 30. It was true that De Briouze had not met his payments to the Exchequer; likewise, that his wife had refused to give up their sons; finally, that he had violently resisted efforts to seize his lands. 35. The words are from the opening speech of Shakespeare’s RICHARD III (“Now is the winter of our discontent . . .”) but they seem appropriate here. 36. Generally see Turner, KING JOHN, 180-181, 183-184, 192-193; and see GLANVILL, 112 (IX. 8), for the statement (though hedged about with conditional language) that lords, in matters of their own private wars, “may not lawfully constrain their tenants beyond their the limits of their willingness to comply.”

Who knows the vagaries of litigation 60. Howard, op. cit., 12-17. 61. Magna Carta, Chs. 18; the elections were lawyer? to be held among (Ch. better thanpresumably a trial 19) the “knights and freeholders” present at the county (shire) court. Note that Ch.17 required sittings of the Bench to be held at some fixed place, and not to follow the king around the country–arguably the beginning of that court’s separate institutional history.

62. See ibid., Chs. 20 (free men and serfs, or villeins), 21 (earls and barons, fined only by their peers), and 22 (churchmen). And note Ch. 60, in which John states that “All the customs and liberties aforesaid” should be observed by “all Our subjects, whether clerks [churchmen] or laymen toward their dependents.”

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63. Ibid., Ch. 40. Magna Carta also referred to a developing legal profession when it promised that the king would appoint to certain offices “only such men as know the law of the land”; ibid., Ch. 45. For an anticipation of our Bill of Rights’ “takings” clause, compare the U.S. Constitution, 5th Amendment, with Magna Carta, Ch. 28. The discussion of Magna Carta in this piece does not touch upon the many of John’s more specific promises of restoration and amendment; nor does it deal with the crafty passages (Chs. 52, 53, 57) by which John postponed many of the promised reforms until he returned from his promised Crusade. 64. Ibid., Ch. 61; and see Ch. 52 for the barons’ role in mediating land-disputes. 65. Henry III ruled from 1216 to 1272. In the course of his reissues, Chapter 39 Joe@GenshleaLaw.com of the 1215 charter became Chapter 29.

(916) C/ (916) 66. Tyerman, op. cit., 335-347;O/ Turner, KING525-8444 JOHN, 249-257; Howard, op. cit.,825-995 23-24. 69. William Holdsworth, SOURCES AND LITERATURE OF ENGLISH LAW 400 Capitol Suite / Sacramento, CA 95814 (1925), 10-11; Mall and see/Sir Herbert1750 Butterfield, THE WHIG INTERPRETATlON OF HISTORY (1931, 1965).

Family Law Center 70. Robert Ernest Spiller, et al., eds., COLLECTED WORKS OF RALPH WALDO

39. For short biographies, see Tyerman, op. cit., 313-317. 41. Turner, MAGNA CARTA, 39-40; ROGER OF WENDOVER’S FLOWERS OF HISTORY, II: 256, notes that in 1212, Innocent had taken the preliminary step of absolving princes high and low from “all fealty and allegiance” to John. 42.

Turner, MAGNA CARTA, 30, 37.

43. McLynn, op. cit., 410-411; Holt, MAGNA CARTA, 221 ff.; Turner, JOHN, 215-218; Turner, MAGNA CARTA, 55.

EMERSON, 10 vols. (1971- ), at 5: 48.

71. See Black’s dissent in Adamson v. California, 332 U.S. 68-92 (1947), at 84, quoting from Charles Collins. THE FOURTEENTH AMENDMENT AND THE STATES (1912). See Peter Linebaugh, THE MAGNA CARTA MANIFESTO (2014), 190.

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44. See GLANVILL, 103-109 (IX.1-IX.6). But note also that Thomas Littleton’s TENURES (1481/1482), the last great work of medieval common law, still contained serious, even moving entries involving these concepts of loyalty. See LITLETON’S [SIC] TENURES IN ENGLISH, rev. ed. (1845), passim, but especially §85, 91-92. 45. Turner, KING JOHN, 218-219, quoting at 218 Holt’s THE NORTHERNERS (1961), 34. 46. Holt, MAGNA CARTA, 222-223. 47. Turner, KING JOHN, 193,201-221. 50. Turner, KING JOHN, 232-234; Holt, MAGNA CARTA, 227. 51. Turner, KING JOHN, 234; Holt, MAGNA CARTA, 229.

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52. Giles, ROGER OF WENDOVER’S FLOWERS OF HISTORY, II: 307-309. 53. Turner, KING JOHN, 236; Tyerman, op. cit., 287-290. Marshal was the greatest fighter of his day, a consistent supporter of the Angevin line who had been rewarded with the earldom of Pembroke. His candor and honesty had cost him John’s favor after the fall of Normandy; see McLynn, op. cit., 37-33. 54. Turner, KING JOHN, 235-236 (quoted passage on 235). Runnymede is a short distance from Windsor. 55. Ibid., 236-238. By June 24, the clerks had drawn up a number of copies, of which four survive. 56. A.E. Dick Howard, MAGNA CARTA: TEXT AND COMMENTARY, rev. ed. (1998), 8-12. The text of Magna Carta may be found in ibid., 35-54; all subsequent cites to Magna Carta refer to the translation of the document in Howard. 57. Magna Carta, Ch. 2; for provisions intended to protect Wards, widows and heirs, see Chs. 3-11. 58. Ibid., Chs. 12, 14. The specified exception to these chapters is noted in Ch. 12, by which the king may impose “reasonable” aids in order to finance the knighting of his eldest son, the marriage of his eldest daughter, or his own ransom. Ch. 15 places the same three-part limitations upon all lords. 59. GLANVILLE, 2 [Prologue], speaks of laws “settled in council on the advice of the magnates and with the supporting authority of the prince-for this also is a law, that ‘what pleases the prince has the force of law.’” For an older, more authoritative passage that supported the barons’ claims see LEGES HENRICI PRIVI, Ch. 1.1

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COVER STORY

Adriana C. Cervantes is an

Operation Protect and Defend Law Day Dinner Celebration 2015

associate at Porter Scott and the 2015 OPD Law Day Dinner Director. She may be contacted at acervantes@porterscott.com.

by Adriana C. Cervantes, photos by Kevin Graft

May 7, 2015, Operation Protect and Defend (OPD) celebrated its 14th annual Law Day Dinner. The dinner annually recognizes Sacramento high school student OPD awardees who submitted essays and art work for on the year’s OPD dialogue topic. The topic this year was due process.

Justice Anthony M. Kennedy gave the opening remarks

More than 300 guests attended the event held at the Sheraton Grand Sacramento Hotel. The guests included the awardees, their family members and teachers, Sacramento attorneys, law school professors, as well as judges from the Sacramento County Superior Court, Third District Court of Appeal, California Supreme Court, U.S. District Court, and even Supreme Court of the United States Associate Justice Anthony M. Kennedy.

Justice Elena J. Duarte, California Court of Appeal, Third Appellate District, facilitated the program with her usual grace and charm. Justice Duarte joined OPD over six years ago. Justice Duarte is now on the OPD Steering Committee, along with Magistrate Judge Allison Claire, joining longtime OPD committee members District Judge Kimberly Mueller, Administrative Law Judge Teri Block, and Superior Court Judge Stacy Boulware Eurie. While the Law Day Dinner itself was only a couple of hours, the speakers’ remarks perfectly captured the history and mission of OPD. Judge Frank C. Damrell Jr. (ret.), founder of OPD, shared how the program first began. In 2001, Joe Genshlea invited Judge Damrell to go with him to Ellen Wong’s C.K. McClatchy High School classroom. Judge Damrell continues to support OPD; and he founded OPD as a way for Sacramento judges and attorneys to promote civic education in public schools. Wong was the first teacher to sign up and continues to participate actively in the program.

Judge Frank Damrell (ret.) speaking

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Justice Elena Duarte and student Kaelyn Blizzard (Natomas Pacific Pathways Prep), winner of a Justice Robert K. Puglia Most Original & Inspirational Essay Award for “The Rigid System”

Deborah Barnes, OPD Executive Chair, introduced Supreme Court Justice Anthony M. Kennedy as the evening’s opening speaker. Justice Kennedy spoke about the importance of preserving the foundations of democracy. He shared a story about a trip he took to Poland with other judges. In Poland, the students are taught about the United States Constitution at a young age. Justice Kennedy shared how he was impressed by those students’ understanding and respect for American law. Justice Kennedy emphasized that democracy is not intuitive, but it has to be taught. Professor Laurie L. Levenson, current leader of the Loyola Law School Capital Habeas Litigation Clinic and the Project for the Innocent program, was the keynote speaker. She described her own experiences with democracy and reminded the audience that due process manifests itself in many ways. Professor Levenson shared her experience as a former Assistant United States Attorney. At one time, she was up against a pro se defendant

COVER STORY

A reception preceded the dinner

who called himself as a witness. The defendant stood in front of the witness stand and asked himself a question. He then went to the other side of the courtroom and took his seat on the witness stand, responding to himself, “Can you please repeat the question?” and hurrying back across the room

Justice Anthony Kennedy is introduced by Deborah Barnes

to repeat the question—to himself. During that time, Professor Levenson also prosecuted a man who was convicted and sentenced to jail. During his incarceration, he mailed her flowers to thank her because she was fair to him and respectful. In addition to the excellent speakers, the program recognized the accomplishments of local high school students who participated in the OPD program. This year, OPD volunteers visited 12 high schools and 56 classrooms to promote civics education to Sacramento high school students. The focus was due process in criminal trials. These classroom visits consisted of a judge and an attorney engaging students to consider various

Justice Anthony Kennedy and Joe Genshlea

due process topics like the presumption of innocence, burden of proof, the privilege against self-incrimination, and the right to a jury trial. As part of the curriculum, the students also discussed the right to an impartial jury untainted by prejudicial publicity and concepts that are frequently misunderstood by prospective jurors. Justice Duarte presented Teachers’ Choice Awards ($250) to 11 students who participated in the OPD

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COVER STORY

The student awardees with Justice Kennedy, Justice Duarte, Prof. Levenson, teachers, & other dignitaries

curriculum and were selected by their schools according to their own criteria. These included recognizing creativity, excellence in classroom participation or unique contributions. Awards were also presented to the Story of America Essay Contest winners. With the help of James P. Corn, eight Bion M. Gregory Essay Recognition Awards ($250) were presented. Judge Damrell then presented the two Lawyers’ Choice Essay Awards ($1,000) that bear his name. A United States District Judge for more than 10 years before retiring in 2011, Judge Damrell continues to actively participate in OPD and inspire others to join. Justice Duarte presented the Jean McEvoy Memorial Scholarship Award ($1,000). Jean McEvoy was a steadfast participant on the OPD Executive Committee for over a decade. She was a champion for women and social justice, and encouraged women in their professional careers. The final essay winners

were four Justice Robert K. Puglia Most Original & Inspirational Essay Awards ($1,000). Ann Kanter, Director of OPD’s Modern Masters of America Fine Art Contest, introduced the Fine Art program. This contest offered students the opportunity to express their views on due process issues through artistic expression. Kanter shared how, this year, the program collaborated with California Lawyers for the Arts and the Verge Center for the Arts in Sacramento. There, Judge Damrell and artists Vallene Hardman and Rochelle Sherbert judged the fine art works and media. Seven awards were presented, ranging from the $250 Honorable Mention Award to the coveted $1,000 Platinum Award. The evening concluded with all the award winners taking a group photograph with Justice Kennedy. OPD is a program of the Sacramento Federal Judicial Library and Learning Center Foundation. Its steering com-

SACRAMENTO LAWYER | July/August 2015 | www.sacbar.org

mittee includes federal and state court judges, public and private lawyers, law schools, bar associations, as well as teachers and participating high schools. OPD’s mission is made possible through the vital support of volunteers and generous donations. For more information about OPD, including volunteer opportunities, please go to www.operationprotectanddefend.com.

Editor’s note: Scores of lawyers and judges deserve credit for the work they did to make both the OPD program and the annual dinner possible. Because this program is about the students, however, we publish the names of the award winners and of the oft-unrecognized teachers who participated in this program.

COVER STORY

Story of America Winners

Modern Masters of America Art Winners

Justice Robert K. Puglia Most Original & Inspirational Essay Awards

Platinum Award

Kaelyn Blizzard ~ Natomas Pacific Pathways Prep Alexis McQueary ~ George Washington Carver School of Arts & Science Nathan Yee ~ John F. Kennedy High School Elija Ortega ~ John F. Kennedy High School

“Anatomy of a Juror” Diana Ormanzhi ~ George Washington Carver School of Arts & Science

Gold Award “Society at Heart” Lucy Rodriguez ~ Luther Burbank High School

Silver Award Frank C. Damrell, Jr. Lawyers’ Choice Awards Tasiya Owens ~ Natomas Charter School Brendan Dao ~ Grant Union High School

Jean McEvoy Memorial Scholarship Award Yessenia Guzman ~ C.K. McClatchy High School

Bion M. Gregory Essay Recognition Awards Alondra Andrade Hernandez ~ Grant Union High School Macy Abitz ~ C.K. McClatchy High School Asya Grigoryan ~ Grant Union High School Madeline Robbins-Jonas ~ C.K. McClatchy High School Ella Liu ~ John F. Kennedy High School

“What is Justice?” Lina Slyusarchuk ~ George Washington Carver School of Arts & Science

Bronze Awards “The Unbiased Juror” Alexis McQueary ~ George Washington Carver School of Arts & Science “We Can Save the World” Rachel Finerman ~ Natomas Charter School

Honorable Mentions “Court of Contempt” Sophia Burgess ~ Rio Americano High School “Innocent until Proven Guilty” Chelsea Martinez ~ Rio Americano High School

Deepak Kumar ~ Florin High School Anthony Wong ~ John F. Kennedy High School Shaun Dhillon ~ Rio Americano High School

Teachers’ Choice Awards Andres Rico ~ Elinor Hickey Jr./Sr. High School Maisie Webber ~ Florin High School Eiman Azad ~ Natomas Pacific Pathways Prep Brian Woods ~ Luther Burbank High School Ian Richmond ~ Rio Americano High School Martin Vang ~ C.K. McClatchy High School Josie Chan ~ John F. Kennedy High School Carla Cruz ~ Grant Union High School Kelvin Martinez ~ Cordova High School Sophia Cook-Phillips ~ George Washington Carver School of Arts & Science

Participating Schools and Teachers Florin High School Carlos Garcia & Benny Rich

Rio Americano High School Linda Reed

Grant Union High School Richard Harris & Diane Roberts

Sacramento High School Kingsley Melton

John F. Kennedy High School Michael Fry

Elinor Hickey Jr./Sr. High School Jennifer Clement

Luther Burbank High School Victoria Stolinsky

George Washington Carver School of Arts & Science Stephanie Cook

C.K. McClatchy High School Ellen Wong Natomas Pacific Pathways Prep Andrea Fazel

Cordova High School Cameron Billeci Natomas Charter School Jean Quinn

Roynell Anderson ~ Sacramento Charter High School www.sacbar.org | July/August 2015 | SACRAMENTO LAWYER

FEATURE STORY

Bryan Hawkins is an

A New Courthouse in the Works

associate at Stoel Rives and a Sacramento Lawyer staff editor. He may be contacted at bhawkins@stoel.com.

by Bryan Hawkins

is no one’s fault. The main courthouse was constructed 50 years ago in 1965. Since that time, the population of Sacramento County has grown a smidgen, from approximately 500,000 people in 1965, to in excess of 1.5 million people today. More people equals more cases and, in order to handle this exponential growth, the courthouse has doubled its original design of only 22 courtrooms to 44 courtrooms for criminal, civil, probate, and small claims cases. But that still is not enough. Many of the court’s facilities are spread out across various leased properties scattered throughout the downtown area. Sacramento is not alone in this regard, with numerous counties up and down the state doing their very best to deal with outdated courthouses neither designed nor equipped to handle current caseloads. Help is on the way. That help actually began its long journey to Sacramento on September 26, 2008, when then California Governor Arnold Schwarzenegger signed Senate Bill 1407 into law, thereby creating a revenue stream for courthouse improvements across the state. While Sacramento was one of the first counties to receive approval to access those funds in order to construct a new criminal courthouse, construction was indefinitely delayed in 2013 due to the recession. This changed in 2014 when the California legislature, shepherded by former Senator Darrell Steinberg, allocated $40 million in one-time

cash for court construction projects, with the bulk of those funds (approximately $27 million) earmarked for the architectural design of Sacramento’s new criminal courthouse. In October 2014, the state closed escrow on the purchase of a site for the new courthouse in the Sacramento Railyard directly behind the federal building. Prior to the recession, two architectural firms were selected to design the new courthouse. After the project was delayed, however, the project was rebid and, on December 11, 2014, the Sacramento County Superior Court announced that the architectural firm NBBJ would be designing the new courthouse. NBBJ is an internationally recognized architectural firm founded in 1943 with locations in Beijing, Boston, Columbus, London, Los Angeles, New York, Pune (India), San Francisco, Seattle, and Shanghai. It has partnered with well-known companies such as Microsoft, Google, Samsung, and Amazon and, in 2015, Fast Company named it one the top 10 most innovative architecture firms in the world. NBBJ is also the architect of the new Stockton Courthouse for the San Joaquin County Superior Court and the new Redding Courthouse for the Shasta County Superior Court. In an interview regarding the new courthouse, Sacramento County Superior Court Presiding Judge Robert C. Hight said that he expects the new courthouse to solve many of the

SACRAMENTO LAWYER | July/August 2015 | www.sacbar.org

problems associated with the current courthouse. For example, the new courthouse will have larger more modern courtrooms to accommodate bigger trials and also a more spacious jury assembly room. Judge Hight also expects the new courthouse to be more secure than the current building. The inmate elevator in the Gordon D. Schaber Courthouse only goes up to the fourth floor, meaning that, if an inmate has a trial on the fifth or sixth floors, then he or she has to be transported with the general public. The new criminal courthouse will solve this and other related problems. With the construction of the new courthouse, Judge Hight also expects that the current courthouse can be dedicated solely to civil matters. He also intends to bring back into the courthouse the numerous facilities that are currently located off-site, including not only the civil law and motion departments, but also the offices of the research attorneys, accountants, and court reporters. Judge Hight expects NBBJ to finalize its architectural plans for the new courthouse sometime in early 2016. After that, the California Judicial Council will request that Governor Jerry Brown issue bonds to fund the courthouse’s actual construction. While Governor Brown’s approval is not guaranteed, Judge Hight is optimistic that, when the time comes, Governor Brown will provide this authorization and that construction will begin sometime in 2017.

Half Page Ad: Joe Genshlea Law and Mediation September/October 2013 issue

ALTERNATIVE DISPUTE RESOLUTION OF BUSINESS DISPUTES MAGAZINE

#1 Ken A DMalovos R Ad OOF 1/4Ppage Dennis M. Wilson is certified by the California State Bar as a Family Law Specialist. Among other family law services, he drafts Domestic Relations Orders (DROs), including Qualified Domestic Relations Orders (QDROs) for ERISA plans and other orders for dividing retirement plans, for attorneys and their clients. The firm offers a flat rate for services, allowing attorneys the flexibility of Pleaseitsfax back to (916) 564-3787 negotiating settlement for their clients, or email back the tobest Mary Burroughs mburroughs@sacbar.org while it drafts the DRO. If you are in need of some assistance with a QDRO or other DRO, do not hesitate to contact us.

Thank you!

Jan/Feb 2015 Mediator Approval is needed to run your ad, please check appropriate box below. Arbitrator Referee Proof OK as is

3620 American River Dr. Correction needed Suite 260 Sacramento, 95864 proof See aCA second

(916) 974-8600

OK with corrections Business, Commercial, Construction Claims and Defects, Employment, Insurance, DATE Intellectual Property, Malpractice,

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Probate, Product Liability

1120 Iron Point Rd. Suite 100 Folsom, CA 95630 Telephone: (916) 608-8891 Fax: (916) 608-8892 http://www.wilsonlawfirmca.com/ Approval is needed to run your ad, please check appropriate box below.

Cas� Garde�

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Correction needed

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R � � � � � � � �Supporting � � E � the �� C�� Great Food for a Great Cause

Since 1974

and Real Estate Disputes. Calendar and further information online at: www.malovoslaw.com.

Advertiser: Ken Malovos Ad size: Quarter Page

RESTAURANT & EVENT CENTER Great Food for a Great Cause Casa Garden Restaurant & Event Center provides an excellent venue at a convenient location with free parking for business meetings, other special events, or just a delicious lunch with colleagues or friends. Not only can Casa Garden meet your needs, you will be supporting a great cause because all proceeds help fund the services provided by the Sacramento Children’s Home to children and families at risk.

Please fax back to (916) 564-3787 or email back to SALES@SACBAR.ORG or call (916) 564-3780

Thank you! 916.452.2809 | 2760 Sutterville Road | www.casagardenrestaurant.org Please fax back to (916) 564-3787 or email back to mburroughs@sacbar.org

Thank you! www.sacbar.org | July/August 2015 | SACRAMENTO LAWYER

SECTIONS & AFFILIATES

Heather Hoganson, is a board member of STMS and SCBA First Vice-President. She may be contacted at Heather. Hoganson@ABC.ca.gov.

Judge James Mize Receives St. Thomas More Society’s Annual Integrity Award by Heather Hoganson

he Saint Thomas More Society of Sacramento (STMS) is pleased to announce that its annual Fr. McDermott Award for Integrity was presented to Sacramento Superior Court Judge James Mize at its Annual Feast Day Reception, held at Blue Prynt restaurant, on June 25, 2015. Judge Mize has participated in a number of STMS events over the years, including ethics presentations both individually and with Professor Fred Galves of Pacific McGeorge, a talk on St. Thomas More and his legacy for the legal profession, a presentation on judicial independence and the challenges to such, and even the introduction of the 2014 Fr. McDermott Award winner, Vicki Jacobs, at last year’s STMS Feast Day Reception. Judge Mize is certainly no stranger to the Sacramento legal or faith communities. He was awarded the first Diocesan St. Thomas More Award in 2006, given by the Bishop of Sacramento to a member of the legal profession who exemplifies gospel teachings in his or her personal or professional life. Judge Mize helped found the Voluntary Legal Services Program (VLSP) and a weekly free meal program (Sharing God’s Bounty) at St. Philomene’s Catholic Church, where he is an active parishioner. He has served on the boards of Loaves & Fishes, Hope House, and Maryhouse. He was also one of the founders and first life members of the Sacramento County Bar Association Foundation, now known as the Sacramento Law Foundation. (Judge Mize was also the Judicial Edi-

SACRAMENTO LAWYER | July/August 2015 | www.sacbar.org

FEATURE STORY tor of this publication from 1977-1988, when it was known as The Docket.) Judge Mize, a former certified family law specialist, was appointed to the bench in 2000 by Governor Gray Davis, and served as Presiding Judge of the Sacramento Superior Court in 2008 and 2009. Of becoming an attorney, Judge Mize remarked that he had wanted to “wear a white hat and help people.” He used his U.C. Berkeley undergraduate degree in psychology and master’s degree in social work as a springboard to a 26-year family law career. He received the California State Bar President’s Pro Bono Service Award for District 2 in 1985. Judge Mize is a past president of SCBA (1986), and received the Judge of the Year from SCBA in 2009, as well as the first Humanitarian Award in 1988. He also earned the Women Lawyers of Sacramento’s Frances Newell Carr Award in 2004. You know what else? From this writer’s personal perspective, Judge Mize is just a really nice, down-toearth guy, with a ready smile and a kind word, even when you bump into him at the produce aisle at Safeway, or see him on the next table over at Blood Source (although lawyers have a vampire image, Judge Mize has donated a LOT of blood over the years). The Father McDermott Award for Integrity recognizes persons of high integrity who can often go unnoticed in this hustle and bustle world. The first award was given in 2011 to Bishop Emeritus Francis A. Quinn, under whose auspices STMS was revived and encouraged and who has shown STMS members a model of principled conviction. In 2012, attorney Ronald Blubaugh received the award in recognition of his career of public service and his advocacy and legal service with the Tommy Clinkenbeard Legal Clinic at Loaves and Fishes. The 2013 recipient of the Fr. McDermott Award for Integrity was Sister Jeanne Felion, celebrat-

ing her work of over 30 years for youth and seniors of Sacramento through the Stanford Settlement, of which she is Executive Director. Last year, STMS honored Vicki Jacobs, managing partner at Voluntary Legal Services Program, for her tireless pursuit of equal access and justice for those that might “slip through the cracks.” STMS is proud to add Judge Mize to this group, for his lifelong dedication to wearing the white hat and helping people.

Index of Advertisers 100% firms.........................................31 ASA Norcal..........................................13 Bench Bar Reception............................BC Brad L’Engle (Comstock Mortgage)......13 Carol Delzer (Family Law Center)..........17 Casa Garden Restaurant......................23

ABOUT STMS: STMS is an independent organization sponsored by Catholic lawyers, governed by a board, with its membership open to attorneys and other legal professionals and legislative advocates of any religious persuasion who subscribe to its purposes. The purposes of STMS are to serve as a mutual support group, to foster individual spiritual growth, to further interfaith understanding, and to promote the teachings of the Second Vatican Council. STMS does not engage in advocacy or take stands on controversial political questions; nor does it engage in fundraising. STMS gathers on Second Wednesdays during the academic year, either for breakfast or lunch, with either Mass or prayer service or an MCLE presentation. The 2015 Red Mass, sponsored by the Diocese of Sacramento and co-sponsored by STMS, is tentatively set for October 7 at the Cathedral of the Blessed Sacrament. STMS became an affiliate of SCBA in 2005 and the officers and directors of STMS have been frequent sponsors of SCBA events, such as the annual Bench-Bar Reception, the District Attorney Candidate’s Forum, and many membership recruitment efforts.

Eleakis & Elder Photography.................27 Events Yoga (Jennifer Bale).....................6 First Legal Network..............................31 Hon. Darrel Lewis...................................7 House Restaurant.................................13 Jay-Allen Eisen Law Corporation..........13 Ken Malovos........................................23 Northern California Collections...........IBC PSIC Attorney Shield..............................3 Ramirez Arbitration..............................12 SABA...................................................30 Sacramento County Public Law Library.26 Sharif Jewelers.......................................3 Tom Wagner ADR................................26 UCP of Sacramento Foundation...........27 Ueltzen & Co.......................................31 Viaggio Estate & Winery..................... IFC Wilke Fleury ..........................................7 Wilson Law Firm..................................23 Women Lawyers Artfest.......................34

www.sacbar.org | July/August 2015 | SACRAMENTO LAWYER

VLSP

Vicki Jacobs is the Managing Attorney of the Voluntary Legal Services Program. She may be contacted at vjacobs@vlsp.org.

n California State Bar Trial Lawyer Hall of Fame, 2001 n Fellow, American College of Trial Lawyers, since 1986 n Northern California Super Lawyers since inception

n California State Bar Trial Lawyer Hall of Fame, 2001

n Fellow, American College of Trial Lawyers, since 1986 n Northern California Super Lawyers since inception

n Best Lawyers in America since inception, recently:

u Lawyer of the year, Real Estate Litigation,

Sacramento, 2014

Who knows the vagaries of litigation Sacramento 2010 better than a trial lawyer? u Bet the Company Litigation, 2012, 2013, 2014

u Lawyer of the year, Real Estate Litigation,

Sacramento, 2014

A Celebration at VLSP’s New Offices

u Lawyer of the Year, Commercial Litigation,

by Vicki Jacobs

u Commercial Litigation, 2012, 2013, 2014 u Litigation-Banking and Finance, 2012, 2013, 2014 u Litigation-Real Estate, 2012, 2013, 2014

June 1, 2015, the Voluntary Legal Services Program of Northern California celebrated the recent opening of its new office at 501 12th Street in Sacramento. The building, owned by Legal Services of Northern California (LSNC), also houses the Senior Legal Hotline, a project of LSNC.

6) 825-9952

u Lawyer of the Year, Commercial Litigation,

Sacramento 2010

u Bet the Company Litigation, 2012, 2013, 2014

u Commercial Litigation, 2012, 2013, 2014 u Litigation-Banking and Finance, 2012, 2013, 2014 celebrate uwere many Estate, Bar 2012, Association and Legal Services Litigation-Real 2013, 2014

On hand to VLSP volunteers as well as members of the staff of the Sacramento office of LSNC and the Senior Legal Hotline. Judge James Mize, VLSP co-founder in 1981, was on hand to see the new home of the project that is co-sponsored by the Sacramento County

F/ (916) 525-8446Joe@GenshleaLaw.com O/ (916) 525-8444 C/ (916) 825-9952

www.genshlealaw.com

95814

of Northern California. Any present or prospective volunteers of the program are encouraged to contact Vicki Jacobs, VLSP Managing Attorney, at vjacobs@vlsp. org for a tour of the new office and to discuss volunteer opportunities.

F/ (916) 525-8446

400 Capitol Mall / Suite 1750 / Sacramento, CA 95814 www.genshlealaw.com Tom Wagner - SCBA 2015 Sacramento County Public Law Library SCBA 2015

Half Page Ad: Joe Genshlea Law and Mediation September/October 2013 issue MAGAZINE

PROOF

Approval is needed to run your ad, please check appropriate box below. Proof OK as is

Tom Wagner

MEDIATOR DISCOVERY See a second proof REFEREE OK with corrections ARBITRATOR Correction needed

Please fax backtomwagneradr.com to (916) 564-3787 or email back to Mary Burroughs twagner@hebw.com | (916) 449-3800 mburroughs@sacbar.org

SIGN

SCBA eNewsletter

LSNC Staff Attorneys Antonio Valdez & Hillary Hansen, VLSP volunteer Mary DuBose, 1/8 page Ad Irene Tamura & Yoshinori Himel Judge Jim Mize, & VLSP volunteers

DATE

Thank you!

SACRAMENTO LAWYER | July/August 2015 | www.sacbar.org

Approval is needed to run your ad,

AD PROOF

Liz Buriel, VLSP Clinic Coordinator, Heather Tiffee, VLSP Assistant Program 163px -163px Banner Ad Manager and Staff Attorney, & Vicki MAGAZINE Jacobs, Managing Attorney

A D1/8 page P RAdO O F

please check appropriate box below. FREE SERVICE FORMediator ATTORNEYS! Approval is needed to run your ad, Proof OK as is

Discovery Referee Arbitrator

Need a case or law review article? Correction Want to see needed if your case is still “good law?” Email the Reference Desk at reference@saclaw.org or call See a second proof 916-874-6012 with a complete citation, and a librarian will email you the document within 24 hours. OK 5with corrections Limit documents per day, per attorney.

Tom Wagner

twagner@hebw.com | (916) 449-3800 609 9th Street • Sacramento, CA 95814 | 916-874-6011 | www.saclaw.org www.facebook/saclawlib www.twitter/saclawlibrarian Ad will link to: SIGN www.TomWagnerADR.com DATE Approval is needed to run your ad,

SECTIONS & AFFILIATES

Steven Muni is a Deputy Attorney General in the Bureau of Medi-Cal Fraud and Elder Abuse. He may be contacted at Steven.Muni@doj.ca.gov.

SacLEGAL’s Jo Michael Receives National Honor by Steven D. Muni

he National LGBT Bar Association, an affiliate of the American Bar Association, has selected former SacLEGAL co-chair Jo Michael as one of the Best LGBT Lawyers under 40-Class of 2015. Michael, currently the Legislative Manager for Equality California in Sacramento, is one of 40 legal professionals under 40 nationwide who have, in the words of the National LGBT Bar Association, “distinguished themselves in their field and have demonstrated a profound commitment to LGBT equality.” Michael’s commitment to the LGBT community started early and remained focused throughout his career. He co-founded his high school’s first Gay-Straight Alliance. During his undergraduate education at USC, Michael was a field organizer for the “No on Proposition 8, Equality for All” campaign. At Pacific McGeorge, Michael was president of the

LAMBDA Law Student Association and volunteered at the LGBT Legal Referral Clinic. As the co-chair of SacLEGAL, Michael led the organization to achieve a number of long-standing goals, including a fresh new design and website, and he was instrumental in forming and chairing a new Legislative/ Amicus Committee. At Equality California, Michael started as a Legislative Analyst and quickly rose to Legislative Manager, where his duties include researching issues raised in pending legislation, drafting fact sheets, talking points, and position letters, testifying before the before the California legislature, and bringing together coalitions of community-based organizations in support of legislative priorities. Michael will be honored at a special awards luncheon on August 6, 2015, in conjunction with the 2015 Lavender Law Conference and Career Fair, held in Chicago this year.

www.sacbar.org | July/August 2015 | SACRAMENTO LAWYER

BARRISTERS’ NEWS

Lauren Calnero is the Barristers’ 2015 media chair and an associate at Porter Scott. She may be contacted at lcalnero@porterscott.com.

Barristers’ Club Update by Lauren Calnero

Local judges, Barristers’ members & summer associates enjoy conversation and libations at Foundation Restaurant and Bar

Barristers’ Club Update – Law and Motion Seminar with Judge Brown and Judge Cadei of the Sacramento County Superior Court Barristers’ Club members converged in the Sierra Nevada Room of Downey Brand to attend the 2015 Motion for Summary Judgment Seminar with Judge David Brown and Judge Raymond Cadei of the Sacramento County Superior Court Law and Motion Departments. The Judges focused on the “dos” and “don’ts” of summary judgment practice, and provided candid commentary and examples of common mistakes made by attorneys, which sparked thoughtful questions and discussion with attendees. The Barristers’ Club would like to thank Judge Brown and Judge Cadei for their insight, guidance, and participation in this seminar.

The Annual Judicial Reception The Barristers’ Club of Sacramento hosted its Annual Judicial Reception at

Board Member Katie Nystrom & attorneys Lacey Mickleburgh & Jordan Dixon catch up at the Annual Judicial Reception

From left: Judge Allen Sumner & Presiding Judge Robert Hight of the Sacramento County Superior Court bench, Presiding Justice Vance Raye of the Third District Court of Appeal, Barristers’ Board Member Christopher Alvarez, & summer associate Alexandra Johnson at the Judicial Reception

Foundation Bar & Restaurant on May 28, 2015. The Club was very pleased to have local members of the bench, attorneys and summer associates from Pacific McGeorge, U.C. Davis, Boalt Hall, and U.C. Hastings there to thank our local judges for their civil service and improve bench-bar relations.

Civility & Dealing with Difficult Opposing Counsel Seminar with Judge David Abbott The Barristers’ Club also welcomed Judge David Abbott of the Sacramento County Superior Court to present and moderate at the MCLE seminar addressing civility and dealing with difficult opposing counsel, hosted by Weintraub Tobin. Judge Abbott focused on deposition practice, but the takeaways from the presentation and advice from Judge Abbott are universally applicable to working with local members of our bar in an ethical, civil manner in any aspect of litigation. The presentation featured short vignettes, clips of the infamous “Texas

SACRAMENTO LAWYER | July/August 2015 | www.sacbar.org

Style” deposition with the late Texas attorney Joe Jamail, and was underscored with a focus on the American Board of Trial Advocates (ABOTA) civility guidelines and commentary from Los Angeles attorney Tom Girardi as part of the ABOTA “Civility Matters” initiative. The Barristers’ Club of Sacramento and its members thank Judge Abbott for his candor and mentorship.

Save the Date for the Annual Summer Associates Reception at the Park The 23rd Annual Summer Associates Reception is scheduled for July 23, 2015 at the Park Ultra Lounge. The event honors the Diversity Fellowship Program and is a favored Barristers’ event for local practitioners, Northern California judges, and summer associates alike. For more information regarding sponsorship and event details, please e-mail Katie Nystrom at Katie.nystrom@ calrecycle.ca.gov, or Jenni Harmon at jharmon@wkblaw.com.

SECTIONS & AFFILIATES

Stephen Davids is a partner at Dreyer Babich Buccola Wood Campora LLP and the immediate past president of CCTLA.

CCTLA’s Annual Spring Celebration Raises Funds for the Sacramento Food Bank by Stephen Davids

May 21, 2015, the Sacramento legal community came together to support the remarkable efforts of the Sacramento Food Bank and Family Services. The Capitol City Trial Lawyers Association has hosted this “Spring Celebration” fundraiser for several years, and local attorney Margaret Doyle has been the driving force behind it. Approximately 150 people filled the capacious back yard of the dapper and gracious hosts, R. Parker White and Noel Ferris, who were also sponsors of the fundraiser. Thanks to the tireless work of Retired Justice Art Scotland, $55,000 was contributed from 55 individual and business sponsors. Donations came from several aspects of the Sacramento legal spectrum: sole practitioners, law firms, litigation support companies (including process servers), expert witnesses, the CCTLA list serve (several

Sponsors Jill Telfer & Noel Ferris (co-host of the event) get their smiles on

members contributed $1,400 to qualify the list serve as a sponsor), and a 7-year-old black-and-white Shih Tzu. In addition, approximately $16,000 was raised through a silent auction, with items contributed by the legal community as well. The Food Bank is now approximately a $20 million annual enterprise, and this Spring Celebration is its second-largest fundraiser after the Thanksgiving Day Run to Feed the Hungry. The Spring Celebration could not have happened without the tremendous dedication of Margaret Doyle, her daughter Brianne, CCTLA Executive Director Debbie Keller, Jill Telfer, and CEO Blake Young, Melissa Arnold, and Kelly Siefkin of the Food Bank. CCTLA is very proud of this event, and tremendously appreciates all of the donations to this worthiest of causes.

Justice Art Scotland (ret.) (co-recipient with Sue Scotland of CCTLA’s Mort Friedman Humanitarian of the Year award), with Insurance Commissioner Dave Jones & Dan Wilcoxen

Kelly Siefkin of the Sacramento Food Bank thanks Margaret Doyle (Chair of the Spring Fling fundraiser), while Food Bank CEO Blake Young looks on

www.sacbar.org | July/August 2015 | SACRAMENTO LAWYER

The South Asian Bar Association (SABA) of Sacramento proudly invites you to:

The 8th Annual Diversity Law Student Reception

Saturday, September 19th, 2015 1:00 p.m. to 4:00 p.m. 3249 Conquistador Way, Davis, CA (Home of Shama Mesiwala) Meet local judges and attorneys and learn about practicing law in our region. Everyone is welcome! Casual attire. This event is free of charge. Please RSVP by September 14th to Shama Mesiwala shama.mesiwala@jud.ca.gov (530) 747-0642 30

SACRAMENTO LAWYER | July/August 2015 | www.sacbar.org

CERTIFIED PUBLIC ACCOUNTANTS

Consultants and Accountants to Management and Counsel

Proven Expertise Forensic Accounting Fraud Investigations Economic Damages Business Valuation Tax and Accounting Visit us at www.ueltzen.com Contact - Ramona R. Farrell, AVA, CFE 3600 American River Dr., Suite 150 Sacramento, California 95864

(916) 563-7790

100% CLUB SACRAMENTO COUNTY BAR ASSOCIATION SCBA 100% Club Firms are firms with five or more attorneys with 100 percent membership in the SCBA. We thank these firms for their generous support through their membership dues. If your firm would like to be added to the list of SCBA 100% Club Firms, contact the SCBA staff today.

Abbott & Kindermann LLP Bartholomew & Wasznicky LLP Bartkiewicz Kronick Shanahan Best Best & Krieger LLP Boutin Jones Inc. CA Dept. of Human Resources (CalHR) CA Dept. of Veterans Affairs CA State Lands Commission California Farm Bureau Federation Carothers DiSante & Freudenberger LLP Carroll Burdick & McDonough Chang Ruthenberg & Long Cook Brown LLP Cuneo Black Ward & Missler Delfino Madden O’Malley Coyle & Koewler LLP Downey Brand, LLP Dreyer Babich Buccola Wood Campora, LLP Ellison Schneider & Harris Evans Wieckowski Ward & Scoffield LLP Felderstein Fitzgerald Willoughby & Pascuzzi LLP Greenberg Traurig, LLP Gurnee, Mason & Forestiere, LLP Hansen Kohls Sommer & Jacob LLP Hanson Bridgett LLP Hardy Erich Brown & Wilson Hefner Stark & Marois LLP Hiroshima Lewis & Daggett Jacobsen & McElroy PC Kennaday Leavitt & Daponde PC King Williams & Gleason LLP Klinedinst, PC

Knox Lemmon & Anapolsky Kronick Moskovitz Tiedemann & Girard Langenkamp Curtis & Price LLP Lauria Tokunaga Gates & Linn LLP Legacy Law Group Longyear O’Dea & Lavra LLP Mastagni Holstedt, APC Matheny Sears Linkert & Jaime, LLP Meegan Hanschu Kassenbrock Murphy Austin Adams Schoenfeld LLP Nossaman, LLP Olson Hagel & Fishburn LLP Palmer Kazanjian Wohl Hodson LLP Porter Scott Randolph Cregger & Chalfant, LLP Rediger McHugh & Owensby, LLP Remy Moose Manley LLP Renne Sloan Holtzman Sakai LLP Simas & Associates, LTD Singer & Associates Law Office Smith McDowell & Powell Somach Simmons & Dunn Spinelli, Donald & Nott Stoel Rives LLP Thomas Law Group Timmons, Owen, Jansen & Tichy, Inc. Wagner Kirkman Blaine Klomparens & Youmans LLP Webb & Tapella Weintraub Tobin Wilke Fleury Hoffelt Gould & Birney, LLP Woodruff O’Hair Posner & Salinger Inc www.sacbar.org | July/August 2015 | SACRAMENTO LAWYER

2015 MEMBER AT&T

Provides an 8% discount off phone service for all Sacramento County Bar Association members. Also offers discount pricing on a wide range of calling plans, data services, equipment and accessories. Please contact Michael Taylor, Store Manager at AT&T Calvine at 916-681-4300 or mt3631@gotoparrot.com

CALIFORNIA OFFICE FURNITURE

25-45% off depending on manufacturer. Contact Gene at (916) 442-6959 or geneg@caloffice.com

ESQUIRE DEPOSITION SOLUTIONS

Will apply a 5 percent discount to every deposition scheduled by/for any member of SCBA who mentions the discount program. All scheduling’s must be scheduled via Esquire Connect, Esquire’s online scheduling tool. Please contact Johnny Bateman at 916-397-9162 or jbateman@esquiresolutions.com

CAPITOL DIGITAL DOCUMENT SOLUTIONS AND CALIFORENSICS BARRISTERS’

Any person who is a member of the Sacramento County Bar Association is automatically a Barrister if they are (a) under 36 years of age; or (b) has been in practice five years or less; whichever is later. If you would like more information on this division please email Sacramento County Bar Association at scba@sacbar.org or call 916-564-3780

Will give SCBA members a 5% discount on all hourly fees regarding Computer Forensics. Please contact Dave Wilkinson at 916-343-9500 or dwilkinson@capitol-digital.com

CASA GARDEN RESTAURANT

BLEU’ SALON & APOTHECARY

Will give all SCBA members a 15% discount on any hair salon services. Please contact Janie Ross, Owner of Bleu’ Granite Bay Salon & Apothecary at 916-837-7677 or bleugranitebay@gmail.com

Extending a “FREE Desert of the Week” on Mondays Only with purchase of entrée. Maximum 10 per group. Casa Garden benefits the Sacramento Children’s Home and the regular lunch price of $14.75 is reduced to $12.50 on Mondays until November 24, 2015 for SCBA members. Lunch includes entrée, beverage and elegant desert. Please contact Marlene Oehler, Vice President at 916-452-2809 or mmoehler@att.net

SACRAMENTO LAWYER | July/August 2015 | www.sacbar.org

HERTZ RENTAL CARS

Offers all SCBA members up to 25% off rental rates at either the airport or off-airport locations. Discount code (CDP#) 2075291. Also offers SCBA members the opportunity to enroll in Gold Plus Rewards. Go to www.hertz.com/businessrewards and click on Hertz Gold Plus Rewards (join) tab at top of page. Enter: SACRAMENTO COUNTY BAR ASSOC and CDP# 2075291 with the pincode: hbrgold. Click on join button to complete enrollment. A Gold Plus Rewards number will be given immediately upon completion. Please contact Erica Nadal, Account Representative at 510-207-3142 or enadal@hertz.com FREE classified advertising for SCBA members in the Sacramento County Bar Association e-Newsletter. Contact Deb Roberts at (916) 564-3780 or droberts@sacbar.org

O N LY B E N E F I T S HUTCHISON FINANCIAL

Since 1982 Hutchison Financial has provided employee benefits to individuals and groups for their health and retirement needs. Our staff takes great pride in the level of service and knowledge provided to clients throughout California. Small businesses have found it increasingly difficult to provide quality benefits at reasonable prices. Our service focuses on designing, implementing and maintaining cost-conscious plans for individuals and employees. With a new era of healthcare on the horizon and government regulations ever changing, it is of the utmost importance to establish and maintain a relationship with a knowledgeable benefits company. Contact: Jon Hutchison, CLU ChFC CHRS (916) 780-3344 www. hutchisonfinancial.com

dog is named Monterey Jack and also known as The Beagle. This offer is good for up to $15.00 off. Also offer a $50.00 price cut to all guaranteed skip trace/locates. Please contact John E. Arnold, President at 916-446-2051 or john@rivercityprocess.com

PIEOLOGY PIZZERIA

Will give a 10% discount on pizza orders to SCBA members which is an offer that is NEVER extended to the public. Please contact Daljit Hundal at 925-485-4743 or daljit@hundalco.com

SHARIF JEWELERS

REGUS

Discount Regus is offering SCBA members the special rate of 20% off virtual offices and virtual addresses/ conference & meeting rooms. Setup fees will be waived on any new office as well as the first month of rent FREE! (Contract must be a minimum of a 12 month agreement.) Please contact James Stewart Scott, General Manager, Regus at 916-230-1503 or james.scott@regus.com

OFFICE PLACE YOGA

Will provide a 20% discount for Office Yoga sessions to all SCBA members. Discount price is $108 per hour. Please contact Jennifer Bale, Corporate and Office Yoga Instructor at 916-616-6999 or jennifer@officeplaceyoga.com

RIVER CITY PROCESS SERVICE, INC.

Will give SCBA members 10% discount if you ask about their â&#x20AC;&#x153;office Sacramento Beagleâ&#x20AC;? offer. The office

Businesses featured here offer discounts to SCBA members that would not otherwise be available. Simply show your 2015 SCBA membership card to the participating business at the time of your transaction.

Will give any current card carrying SCBA member a 10% Discount on any item at all locations. Please contact Jeanelle Cuthbert, Director of PR, Sharif Jewelers at 916-330-1977 or jeanelle@sharifjewelers.com

Sacramento County Bar Association

SOLO/SMALL practice division

SOLO/SMALL

Are you a solo attorney, in a small practice (4 or less), and interested in learning more? SCBA, based upon member input, is starting a solo/small practice division, which will be FREE for members, but we need volunteers. If you would like more information on this division please email Sacramento County Bar Association at scba@sacbar.org or call 916-564-3780

CONFERENCE ROOM RENTAL

SCBA Conference Room rental for members: $20 half-day and $40 full day call 916-564-3780

OTHER MEMBER BENEFITS

Lower pricing on MCLE Section Events. FREE Spring / Holiday Mixer.

www.sacbar.org | July/August 2015 | SACRAMENTO LAWYER

About the cover

by Betsy S. Kimball, Editor-in-Chief

the cover of this issue of Sacramento Lawyer is “Anatomy of a Juror,” by Diana Ormanzhi, the Operation Protect and Defend (OPD) 2015 Modern Masters of America Art Platinum Award winning piece. The “prompt” for this year’s Modern Masters contest was how the media can influence jurors. Ormanzhi’s piece reflects her strong point of view. “The message I wanted to convey through this piece is to be aware of how the media can alter thoughts … can alter your opinion and your approach in daily life.” Ormanzhi drew “Anatomy of a Juror” in colored pencil and used

ink splotches for the background. The heart embodies the juror’s honest, trusting, and well-intentioned self. The wires, TV, and newsprint represent the media and its pervasive messaging. The gavel—about to fall on the scale—is the juror’s final decision. Ormanzhi is a newly minted graduate of the George Washington Carver School of Arts & Science. She plans to enroll in community college and begin her career as a professional artist. She is off to a good start; another of her pieces was selected as the entry from the California 6th Congressional District in the 2014 Congressional Arts Competition.

Diana Ormanzhi receiving her award from Ann Kanter

SAVE THE DATE Women Lawyers of Sacramento Presents the 22nd Annual

Fest

THURSDAY, SEPTEMBER 17, 2015 - 6:00PM-8:30PM THE CALIFORNIA MUSEUM 1020 O STREET, SACRAMENTO, CA 95814

Join colleagues and friends for an exciting evening including local artists, music, hosted food and wine, and

For Sponsorship opportunities orlocal for charitable more information the event, please contact silent auction. Proceeds fund grants to organizations about and scholarships for law students. Kim Garner at kkakavas@gmail.com or Julia Reeves at jreeves@mathenysears.com. GOLD SPONSORS

SACRAMENTO LAWYER | July/August 2015 | www.sacbar.org

PLATINUM SPONSORS

Since 1963

Marty Anderson Vice President

Lawrence H. Cassidy President

Do your Accounts Receivables have a high balance and your bank account a low balance? • We have a staff of experienced collectors and three in house attorneys to put the cash in your bank account. • Over 100 law firms and many Fortune 500 firms select us to collect their past due accounts whether they are in the thousands or millions. • International collections recently made in England, Israel, Poland, and other countries. • Members: Commercial Law League of America. 700 Leisure Lane, Sacramento, CA 95815 Phone 916.929.7811 ext 222 | Fax 916.929.5125 | Email norcal@covad.net

Women Lawyers of Sacramento Presents the 22nd Annual

Fest

THURSDAY, SEPTEMBER 17, 2015 - 6:00PM-8:30PM THE CALIFORNIA MUSEUM 1020 O STREET, SACRAMENTO, CA 95814

Join colleagues and friends for an exciting evening including local artists, music, hosted food and wine, and silent auction. Proceeds fund grants to local charitable organizations and scholarships for law students. GOLD SPONSORS

PLATINUM SPONSORS

Ticket pricing: $40 advance purchase; $45 at the door. Tickets may also be purchased online at http://womenlawyers-sacramento.org/events/annual-artfest/

I would like ______ tickets at $40/person

Tony & Joan Stone

I cannot attend, but would like to donate: $__________

Enclosed is my payment of $____________________

Check # ____________________

Name(s): ____________________________________________________________________________________ Company: ___________________________________________________________________________________ Address/Phone: ______________________________________________________________________________ Email: _______________________________________________________________________________________

For information on the event please contact Kim Garner at kkakavas@gmail.com

Return form and check payable to “WLS Foundation” to: Matheny Sears Attn: Julia Reeves/ArtFest • 3638 American River Drive • Sacramento, CA 95864

SACRAMENTO SACRAMENTO COUNTY COUNTY BAR BAR ASSOCIATION ASSOCIATIONMAGAZINE MAGAZINE

1329 1329 Howe Howe Ave., Ave., #100 #100 •• Sacramento, Sacramento,CA CA95825 95825

SCBA Annual Meeting Operation Protect and Defend,of the Year Honoring Distinguished Attorney Sacramento County Bar Association and Federal Bar Association Sacramento Justice ArthurChapter Scotland Proudly Present

Annual Law Day DinnerInstalling Celebration 2015 SCBA

DATE: Thursday, May 7, 2015 • TIME: 5:30 – 8:30 p.m. PLACE: Sheraton Grand Sacramento Hotel, 1230 J Street, Sacramento KEYNOTE SPEAKER: Renowned Loyola Law School Professor Laurie Levenson Recognizing 100% Firms

Officers & Directors GOLD SPONSORS

PLATINUM SPONSORS

DATE Monday December 15, 2014

Hon. Frank C. Damrell, Jr. (Ret.)

TIME SILVER SPONSORS MCLE Prior to Annual Meeting 11:30 Check in Shaw Valenza LLP • Leonard M. Friedman Bar Association Young, Minney & Corr • Downey BrandFREE LLP for SCBA Members 12:00 Lunch Goodman & Associates • Kanter Immigration Law Office Medina McKelvey LLP • Littler Mendelson, P.C. BRONZE SPONSORS

$100 for Non-Members Jacobsen & McElroy PC • Women Lawyers of Sacramento University of the Pacific, McGeorge School Law - Topic: “Attorney 1 HourofEthics Fees, Law Offices of Kaizuka & Valcarenghi ABAS and ABAS Law Foundation Practically and Ethically” Capitol City Trial Lawyers Association

Speaker: Kenneth Bacon of Mastagni Holstedt

PLACE Sheraton Grand 1230 J Street

Price: $65 per ticket. To reserve your place and/or sponsor a student, please RSVP by mail to Adriana C. Cervantes at Porter Scott, 10:30-11:30am 350 University Ave., Suite 200, Sacramento, CA 95825, by email at acervantes@porterscott.com, online website at www.OperationProtectAndDefend.com All checks should be made payable to “Kennedy Library & Learning Center.” No RSVP is finalized without payment.

Keynote Speaker: Phone number: ______________________________Email: _________________________________________________________ Chief Justice of California

Name: ______________________________________Organization/Company: __________________________________________

I wish to purchase: _________ tickets at ($65 each) and donate _________ student tickets at ($65 each) TOTAL purchase $ _______________

Tani Cantil-Sakauye

Menu choice Menu choice Attendee name (salmon, chicken, or vegetarian) Attendee name (salmon, chicken, or vegetarian) ___________________________________________________________________________________________________________________________________

Ticket information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for non-members. ___________________________________________________________________________________________________________________________________ After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or call (916) 564-3780. Send checks payable: SCBA, 1329 Howe Ave #100, Sacramento, CA 95825