Sacramento Lawyer Magazine November/December 2018 by Sacramento County Bar Association

November/December 2018

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

www.sacbar.org

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Luis A. CÃ©spedes

2018 SCBA Distinguished Attorney of the Year

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EDITOR’S MESSAGE Betsy S. Kimball, Editor

elcome to the final 2018 issue of Sacramento Lawyer. Thanks to the Sacramento County Bar Foundation and the SCBA’s Pro Bono Committee, we have included with this issue a tear-out pamphlet on pro bono opportunities. The information is also now available (and regularly updated) on the SCBA’s web page. Please let Mary Burroughs or any member of the SCBA’s Pro Bono Committee (Jeff Galvin, Chair) know if you are aware of a pro bono program that can/should be listed. For this issue, Judge Shama H. Mesiwala has written a primer on the dependency system. Dependency court is where decisions are made that affect the lives and wellbeing of children – children especially vulnerable due to the circumstances that landed them in the dependency system in the first place. As lawyers, mothers, fathers, aunts, uncles, human beings, there are things that we can do for these kids. Learning about the dependency system is a good place to start (buying a backpack for school, soccer shoes, a prom dress = also good). In this issue, we have also taken the unusual step of re-printing an article first published elsewhere on the new Rules of Professional Conduct. If you missed the SCBA’s October 24th program on the new Rules, this article will give you a good start on the Rules. The SCBA’s centennial anniversary year draws to a close. I have taken the liberty of copying portions of my Editor’s Message published in the SCBA’s Centennial Book (on sale at the SCBA office). It seems a positive way to end the year. Some things survive; others don’t. Tower Records (1960-2006), Pontiac cars (1926-2010), The Village Voice (19552018) – all gone. Reaching a centennial is no small accomplishment.

EDITOR-IN-CHIEF Betsy S. Kimball Editor@sacbar.org ASSOCIATE EDITOR Ellen Arabian-Lee STAFF EDITORS Heather Cline Hoganson, Maureen Onyeagbako 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 Vlaisavljevic

For a voluntary organization to last 100 years, it needs at least two things. One is to keep itself relevant to its membership, meaning it must change with the times. The other is that it must provide something of value to its members and to the broader community. In working on the [SCBA’s centennial] book, I have had a glimpse back into how the SCBA has managed to do these things. … [¶] … In 1918, the SCBA was a group of exclusively white men. Today, it is a thoroughly diverse organization, and proudly so. The early [SCBA] minutes suggest that the founding members were working to address the concerns of their day. But those good men could no more imagine our concerns, 100 years later, than we can know what lawyers will face in the coming decades and beyond. The SCBA has changed with the times, and it serves its membership and its community well. It is, after all, an association of lawyers who wish to support, and to be supported by, their brother and sister lawyers. I do not see that changing.

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | November/December 2018 | www.sacbar.org

ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 - scba@sacbar.org SCBA OFFICERS Sil Reggiardo - President Sean McCoy - 1st Vice President Shanae Buffington - 2nd Vice President Trevor Carson - 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, 425 University Ave., Suite 120, 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, 425 University Ave., Suite 120, Sacramento, CA 95825. Copyright 2018 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

NOVEMBER/DECEMBER 2018 VOLUME 118, NUMBER 6

COVER STORY 20 2018 Distinguished Attorney of the Year Luis Céspedes FEATURE ARTICLES 8

ETHICS 2.0: a Snapshot of the Revamped Rules of Professional Conduct

24 A Primer on Juvenile Dependency Law

EVENTS 16 Centennial Year Bench-Bar Reception PRO BONO 18 Pro Bono Attorney Guide SECTIONS AND AFFILIATES 28 Victoria Jacobs Receives 2018 Jean C. McEvoy Public Service Award

32 SABA of Sacramento Hosts Its Eleventh Annual Diversity Law Student Reception

SCBA PROGRAMS 30 Advancing Diversity in Sacramento: A Diversity Fellow’s Experience

DEPARTMENTS 4 Editor’s Message 6

President’s Message

32 COVER

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.

Luis A. Céspedes 2018 SCBA Distinguished Attorney of the Year

www.sacbar.org | November/December 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

PRESIDENT’S MESSAGE

Year’s End

Sil Reggiardo President, Sacramento County Bar Association

by Sil Reggiardo

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:

he SCBA has had a good centennial year. In April, I will take a stab at a prediction regarding one of my aru Lawyer of the year, Real Estate Litigation, Supreme Court Justice Anthony M. Kennedy received estate planning. A century from now and maybe Who knows the vagaries of litigation eas of focus: Sacramento, 2014 our first Anthony M. Kennedy Lifetime Achievement Award. muchusooner, will handle the vast majority of esLawyer ofcomputers the Year, Commercial Litigation, better than a trial lawyer? In June, we had a centennial birthday celebration with rock tate planning functions. Sacramento 2010 People will talk to a computer that Litigation, 2012, u Bet the Company bands under the tent at Haggin Oaks. In September, at the uses artificial intelligence. It will ask2013, and2014 answer questions. u Commercial Litigation, 2012, 2013, 2014 Bench-Bar reception, Judge Richard Sueyoshi was honIt will even measure physical “client” responses to questions. u Litigation-Banking and Finance, 2012, 2013, 2014 ored as our Judge of the Year, and we released our CentenBaseduon that bio feedback it will probe further into sensitive Litigation-Real Estate, 2012, 2013, 2014 nial Book. In October, our Pro Bono Committee presented areas relevant in determining the “client’s” values, preferencNorm Hile with our Pro Bono Award, and we released the es and concerns. It will not, of course, have the benefit of “Pro Bono Attorney Guide” for local pro bono programs. human experience that can be valuable in estate planning. In December at our annual meeting, Luis Céspedes will But it will have immediate access to vast stores of informabecome our Distinguished Attorney of the Year. Our Kids tion, including information regarding human conduct. It Law Day program is building momentum. We are working will draw other information from disparate sources. Some more closely with the Sacramento County Bar Foundation information will be private, such as medical or financial reand the Unity Bar. This magazine continues to educate our cord; some information will be public, such as applicable members. Our sections, committees, and programs are aclaw and economic conditions. The computer will run Monte tive. This is a very good barJoe@GenshleaLaw.com association in constant search Carlo simulations and use other statistical methods to proO/ (916) 525-8444 C/ (916) 825-9952 (916) 525-8446 of improvement. Its existence and success depend on the pose a statisticallyF/ sound estate plan or estate plan modificaefforts of many people (nearly all volunteers) who work tion. The written documents in the proposed plan will not 400ifCapitol Mall / Suite 1750 / Sacramento, CA 95814 with little any recognition. I thank them. simply be www.genshlealaw.com standard forms, but will have language and a style Now let’s ponder the future. A lawyer in 1918 making best suited for the “client.” It will be a better plan – one free Sacramento County Public Law Library predictions regarding the legal system in 2018 could not of the biases, information gaps, and bad habits of human SCBA 2015 imagine the changes we have seen this last century. Most of estate planners – and one that deals with wealth transfers in these changes have involved computers and the Internet that a more efficient and appropriate manner than we see with Half PageonAd: depend electrical power systems then in their infancy. the current system. Joe Genshlea Law and Mediation Major changes in the next century will likely involve more Think about the work you do on a daily basis. Think September/October issue and artificial intellielectronic technology 2013 like blockchain about how it might be done in a vastly different way by the gence, but could involve technologies we cannot imagine. time of the SCBA’s bicentennial year.

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FEATURE ARTICLE

ETHICS 2.0: a Snapshot of the Revamped Rules of Professional Conduct by Scott B. Garner and Suzanne Burke Spencer

This article first appeared in Orange County Lawyer, September 2018 (Vol. 60 No. 9), p. 23. The views expressed herein are those of the authors. They do not necessarily represent the views of Orange County Lawyer magazine, the Orange County Bar Association, the Orange County Bar Association Charitable Fund, or their staffs, contributors, or advertisers. All legal and other issues must be independently researched. EDITOR’S NOTE: Since the original publication of this article, the California Supreme Court has adopted rule 1.2.1. See http://www.calbar.ca.gov/Portals/0/documents/rules/Rule_1.2.1-Exec_Summary-Redline.pdf.

November 1, 2018, California lawyers will embrace, willingly or not, a new set of rules of professional conduct. The new rules can best be described as a hybrid between the current (soon to be old) California Rules of Professional Conduct and the ABA Model Rules—some version of which is in effect in the other forty-nine states. Probably the first change many lawyers will notice is the numbering. California will now use the ABA Model Rule numbering format; so, for example, the confidentiality rule will go from being Rule 3-100 to Rule 1.6. Yet another noticeable, albeit non-substantive, change is that references to “members” in the current rules will now be to “lawyers” instead. Another change that may catch lawyers’ eyes is that most defined terms are now included in a separate rule, Rule 1.0.1, rather than as part of the individual rules in which they appear. When a defined term appears in the text of another rule, it is surrounded by asterisks so the reader knows it is a defined term. Beyond the numbering and other somewhat cosmetic changes, the new Rules also include substantive changes of which all California lawyers should be aware. In this article, we discuss some of the more noteworthy changes (but by no means all of the changes).

Conflicts of Interest Rule 3-310 governing conflicts of interest, which is one of the more familiar to practicing lawyers, is among the most extensively changed in the new Rules. Most obviously, there are four new rules that encompass the matters addressed by the single Rule 3-310. Rule 1.7 covers current client conflicts, which are the subject of Rule 3-310(B) and (C). Rule 1.9 governs duties to former clients, which is the subject of current Rule 3-310(E). Aggregate settlements, which are addressed in Rule 3-310(D), are now addressed in Rule 1.8.7. And Rule 3-310(F), which governs receiving compensation from someone other than a client, is now Rule 1.8.6. With respect to current client conflicts, the framework for analyzing conflicts has shifted from whether an existing or prospective client’s interests actually or potentially conflict, to whether representation of a client will be “materially limited” by the lawyer’s obligations to another current or former client, a third person, or the lawyer’s own interests. Rule 1.7(b). Rule 1.7(a) incorporates expressly the prohibition on representing a client without informed consent if the representation is directly adverse to another client in a separate matter. While such representation has long been prohibited under California common law, it was not expressly contained in

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | November/December 2018 | www.sacbar.org

Rule 3-310. The circumstances under which written disclosure must be made under 3-310(B) are substantially the same in Rule 1.7(c). With respect to duties owed to former clients, Rule 1.9 incorporates the substantial relationship test, prohibiting attorneys without informed consent from representing a new client in a matter where the interests of that new client are materially adverse to a former client’s in the same or a substantially related matter. The Rule also expressly prohibits lawyers from using confidential information acquired by virtue of a former client’s representation to the disadvantage of the former client, unless the “information has become generally known.” This is a departure from the State Bar Act’s section 6068(e), which does not contain a similar exception for disclosure of confidential information, and well-established California case law prohibiting not only the disclosure but also the use against former clients of confidential information acquired by virtue of the representation. It remains to be seen how the State Bar and California courts will harmonize these authorities with Rule 1.9(c). Rule 1.8.7 governing aggregate settlements is substantially the same as Rule 3-310(D), except that the new rule expressly extends to aggregate agreements in criminal cases and excludes class action settlements sub-

ject to court approval. Rule 1.8.6 governing payment from one other than the client is substantially identical to Rule 3-310(F). Imputation of Conflicts Rule 1.10 governs imputation of conflicts of interests and is new to the Rules. Imputation of conflicts in California has previously been a matter of common law. Rule 1.10 now expressly provides that the Rule 1.7 current client conflicts of one attorney in a firm are generally imputed to all attorneys in the firm. Rule 1.10 further provides for imputation of former client conflicts under Rule 1.9, unless the former client was a client of the prohibited attorney’s former firm, the prohibited attorney did not “substantially participate” in the matter at the former firm, is timely screened from participation in the matter, and notice is provided to the affected client. No definition of “substantially participate” is provided, and the phrase is one unique to California’s articulation of Model Rule 1.10. The phrase is also not found in the few California cases addressing imputed conflicts of interest and ethical screening. How “substantially participate” will be interpreted by the courts, and what impact, if any, the new rule will have on California case law governing attorney disqualification, is unknown. Prospective Clients Rule 1.18, which governs duties to prospective clients, is new to the Rules. Rule 1.18 prohibits lawyers from using or disclosing confidential information received from prospective clients who consult with the lawyer, even if an attorney-client relationship does not ensue. Lawyers are further prohibited without informed written consent from representing in the same or a substantially related matter any person whose interests are materially

adverse to the prospective client’s interests in that matter, and that prohibition is imputed to all lawyers in the firm. An exception to imputation exists if the conflicted lawyer “took reasonable measures to avoid exposure to more information than was reasonably necessary to determine whether to represent the prospective client,” is timely screened, and gives notice to the prospective client. This concept of taking “reasonable measures” and screening in the prospective client situation is new to California, but is in Model Rule 1.18. Jurisdictions adopting this aspect of Model Rule 1.18 may give guidance on what measures will be deemed “reasonable” under the Rule. Competence/Diligence/Delay Rule 1.1, “Competence,” is substantially the same as Rule 3-110, which prohibits lawyers from intentionally, recklessly, or repeatedly failing to perform services competently. Rule 1.1, however, also prohibits providing incompetent services “with gross negligence.” How that differs from performing such services “recklessly” will presumably be developed through case law. Rule 3-110 defines competence as applying “the 1) diligence, 2) learning and skill, and 3)

mental, emotional, and physical ability reasonably necessary for the performance” of legal services. The concept of “diligence” is removed from the definition of “competence” in Rule 1.1 and is instead addressed in new Rule 1.2, entitled “Diligence.” That rule prohibits lawyers from intentionally, recklessly, repeatedly, or with gross negligence failing to act with “reasonable diligence,” as defined in the rule. Rule 3.2, entitled “Delay in Litigation,” is a new rule that did not previously exist in California. Rule 3.2 prohibits conduct in litigation “that has no substantial purpose other than to delay or prolong the proceeding or to cause needless expense.” Although this concept may not be new to California lawyers, it had not previously been included as a disciplinary rule in the Rules of Professional Conduct. Rather, it had been addressed in various forms in Civility Guidelines. How the State Bar will determine whether delay is the “substantial purpose” behind a lawyer’s actions, and whether a lawyer should be disciplined on that basis, is anyone’s guess. Supervision A lawyer’s duty to supervise is incorporated into the current Rules in the Discussion following Rule 3-110

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FEATURE ARTICLE

governing attorney competence. The new Rules contain a much more robust treatment of the duties of both supervising and subordinate lawyers, spelling out more clearly the obligations of both. Rule 5.1 governs Responsibilities of Managerial and Supervisory Lawyers, Rule 5.2 governs Responsibilities of Subordinate

Lawyers, and Rule 5.3 governs Responsibilities Regarding Nonlawyer Assistants. For managing and supervising attorneys, these Rules generally require the lawyer to make reasonable efforts to have in place measures giving reasonable assurance of compliance with the rules and State Bar Act by all lawyers and nonlawyers in

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the firm. Supervising and managerial lawyers can be responsible for another lawyer’s or nonlawyer’s violation of the rules if the lawyer orders or ratifies the conduct or, once learning of the violation, fails to take reasonable remedial action while the violation’s consequences may still be avoided. Fees Several of the new Rules concern legal fees. Like Rule 4-200, new Rule 1.5 prohibits lawyers from charging unconscionable fees, but, unlike 4-200, Rule 1.5 expressly permits charging flat fees and “true,” i.e., non-refundable, retainers with client consent. Rule 1.15 requires a more typical retainer payment; that is, one made in advance for legal services to be provided in the future, to be deposited into a client trust account. This is a change from Rule 4-100, which requires only advance payment of costs and expenses to be deposited into a trust account. Rule 1.5.1 requires that fee-splitting agreements between lawyers be in writing, which is a new requirement, and that the client’s consent to the fee split is obtained in writing, which is not a new requirement, at or about the time the lawyers enter into the fee-split agreement, which is a new requirement not found in Rule 2-200(A). Withdrawal The crux of Rule 3-700 can be found in new Rule 1.16. This includes the requirement that a lawyer “shall not terminate a representation until the lawyer has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client. . . .” Rule 1.16 also includes a list of factors warranting either mandatory or permissive withdrawal. The list of reasons for a mandatory withdrawal includes the same three reasons as in Rule 3-700. These are (1) where the

lawyer knows or reasonably should know that the client is bringing or maintaining the action without probable cause and for the purpose of harassing or maliciously injuring a person; (2) the lawyer knows or reasonably should know that the representation will result in a violation of the State Bar Act or the Rules of Professional Conduct; or (3) the lawyer’s mental or physical condition renders further representation unreasonably difficult. Rule 1.16 also adds a new, fourth reason: “[T]he client discharges the lawyer.” There is no comment explaining why this seemingly obvious point is included in the rule. Rule 1.16 also includes a list of ten reasons that would permit, but not mandate, a lawyer to withdraw from a representation. For the most part, this list is similar to the

list that exists in Rule 3-700, but there are some notable differences. For example, Rule 3-700(C)(1)(b) permits withdrawal when the client seeks to pursue an illegal course of conduct. Rule 1.16(b)(2) expands this by also allowing withdrawal when the client seeks to pursue a “fraudulent” course of conduct. Also consistent with Rule 3-700, Rule 1.16 permits withdrawal when the client breaches a material term of an agreement with the lawyer—for example, by failing to pay the attorney’s fees. Rule 1.16(b)(5), however, includes a limitation on this permissive basis for withdrawal: the lawyer only may withdraw for nonpayment of fees (or some other breach of the engagement agreement) if the lawyer first gives the client warning and an opportunity to cure.

Conflicts With Federal Law Although it has not been approved by the Supreme Court yet, Rule 1.2.1, entitled “Avoiding the Violation of Law,” will be a significant expansion of Rule 3-210. The State Bar has re-submitted for public comment two versions of Rule 1.2.1, but the heart of the rule is the same in both versions, and likely will be approved by the Court. Rule 1.2.1 addresses situations where a state law conflicts with a federal law. The most obvious example— and the one that apparently drove the direction of Rule 1.2.1—is the cannabis law. Under California law, cannabis can be legally sold and consumed. Those same acts are prohibited by federal law. Lawyers in California have grappled with how to reconcile that conflict of laws when approached

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FEATURE ARTICLE

by a client in the cannabis business. Under Rule 1.2.1 as proposed in both versions, a lawyer may not counsel a client to engage in a criminal act, but may discuss the legal consequences of any proposed course of conduct. Comment 6 to Rule 1.2.1 provides what may be the most significant aspect of the proposed rule, providing that a lawyer facing a conflict between state and federal law must advise clients that their actions conflict with federal law, and may be required to provide legal advice about that conflict. Whichever version of Rule 1.2.1 eventually is adopted by the Supreme Court, lawyers generally will be able to advise clients in the cannabis industry without running afoul of California ethics rules. Whether they become subject to federal criminal prosecution for their advice and assistance remains to be seen.

Sex With Clients No article on the new Rules would be complete without a discussion about Rule 1.8.10—the “no sex with clients” rule. Under Rule 3-120, a lawyer was not prohibited from having sexual relations with a client in all circumstances. Rather, the approach under the Rules was to prohibit sexual relations only when the sex was quid pro quo to the legal services or where the lawyer employed coercion, intimidation, or undue influence. The State Bar Act, Business and Professions Code section 6106.9, provides language that is essentially identical to Rule 3-120. Notwithstanding that Section 6106.9 remains the law, Rule 1.8.10 does away with the nuanced consideration of whether there is coercion, undue influence, or some other improper basis for the sexual relation-

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | November/December 2018 | www.sacbar.org

ship between a lawyer and client. Wiping away any gray area, Rule 1.8.10 provides a bright line rule that a lawyer may not engage in sexual relations with a current client (other than where the client is the lawyer’s spouse or registered domestic partner, or where a consensual sexual relationship preexisted the attorney-client relationship). This includes even all “constituents” of an organization client, where that constituent “supervises, directs or regularly consults with that lawyer concerning the organization’s legal matters.” Rule 1.8.10 cmt. [3]. So, if a lawyer represents a large organization, the list of people to keep at arms’ length may be long. Harassment/Discrimination One of the new rules that generated the most attention and discussion was Rule 8.4.1, which addresses discrimination and harassment on the basis of a protected characteristic. Although an anti-discrimination rule already existed in Rule 2-400, discipline under that Rule could only be imposed, or a claim of discrimination even investigated, if a final adjudication of discrimination against the lawyer was entered by a separate tribunal. For many, this extra requirement of adjudication by a separate tribunal—which did not exist in connection with any other rule violation—was an unnecessary burden on the State Bar’s ability to discipline attorneys for discriminatory conduct. Under Rule 8.4.1, discriminatory conduct, including harassment on the basis of a protected characteristic, remains unethical and subject to discipline. But the prerequisite of a prior tribunal adjudication has been removed, so the State Bar can investigate and, if appropriate, commence disciplinary proceedings against a lawyer who is alleged to have engaged in prohibited discrimination. It re-

mains to be seen, of course, how the State Bar will handle such allegations. Conclusion The Rules that will go into effect on November 1, 2018 are more expansive than the current Rules of Professional Conduct. This is true not only in sheer number (there are sixty-nine new rules, as compared to forty-six existing rules), but also as to the lawyer conduct the Rules address. While the new Rules do not necessarily impose new standards for lawyer conduct, they do expand the bases for potential lawyer discipline. For example, lawyers have long been required as fiduciaries not to use client confidential information against a client without consent, to provide clients with sufficient information throughout the representation to permit the client

to make informed decisions about the representation, and to abide by a client’s decision whether to settle a matter. Lawyers have also long been prohibited from defrauding or deceiving others in the course of representing clients. Those principles, however, are now expressly encompassed within the disciplinary rules. See Rules 1.2(a), 1.4(b), 1.8.2, and 4.1. From this perspective, the Rules may be viewed as more client protective. On the other hand, the new Rules expressly permit screening (Rules 1.10 and 1.18) and contain a modified duty of confidentiality to former clients (Rule 1.9(c)(1)) that some may view as more lawyer protective. From whatever perspective, however, the new Rules encompass changes that have been a long time in coming and must be studied carefully.

Scott B. Garner is a partner at Umberg Zipser LLP in Irvine, California. He currently serves as an officer (Treasurer) of the OCBA and as Co-Chair of the OCBA Professionalism & Ethics Committee. From 2010-2016, Scott served on the California State Bar’s Committee on Professional Responsibility and Conduct, serving as Chair in 2014-15. Scott can be reached at sgarner@umbergzipser. com. Suzanne Burke Spencer is the Managing Shareholder of Sall Spencer Callas & Krueger, in Laguna Beach. She is also the current Advisor of the State Bar of California’s Standing Committee on Professional Responsibility and Conduct (COPRAC) and Co-Chair of OCBA’s Professionalism & Ethics Committee. The views expressed herein are her own. Suzanne can be reached at sspencer@sallspencer.com.

S C B A C en t en n i a l Bo ok On June 24, 2018, the Sacramento County Bar Association reached its 100-year anniversary. This Centennial Book is one part of the SCBA’s celebration of this milestone. It is a compilation of historical and current materials and the product of a year-long project designed to tell the story of the first 100 years of the SCBA and its members. Much of the history of the SCBA’s first 50 years has been lost. The same will never be said of the second 50 years’ history, thanks to the considerable efforts of those who gathered and compiled it for this book. In this book are articles about the SCBA’s history and many of the people who contributed to it. There are – among many things – photos of the SCBA founding documents, a history of the SCBA’s Presidents, an article about the women who have served on the Third District Court of Appeal (and still do), a feature about the history of the SCBA’s publications, the story of the Chief Justice of California, and articles about the SCBA’s Judges of the Year and Distinguished Attorneys of the Year.

100 Years of Sacramento County Bar Association

$25.00

SCBA Centennial Book can be purchased at the SCBA office for $25.00. For more information contact SCBA office at (916) 564-3780.

www.sacbar.org | November/December 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

E NT

NNIAL FELL

Stephen F. Boutin

John R. Holstedt

David P. Mastagni

Gary M. Messing

Bruce A. Scheidt

Arthur G. Scotland

Steven L. Simas

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â&#x20AC;&#x201C;

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Sacramento County Bar Foundation Centennial Fellows are attorneys at the pinnacle of achievement who, through distinguished professional accomplishment, substantial civic involvement, and philanthropy, have earned a legacy as pillars of the Sacramento legal community. As part of the Sacramento County Bar Associationâ&#x20AC;&#x2122;s 100-year anniversary celebration, the Foundation has worked diligently to identify candidates to be recognized as Centennial Fellows. All of these Fellows are members of the Sacramento County Bar Association.

Russell J. Austin

Thank You to Our Centennial Fellows

Jill A. Telfer

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | November/December 2018 | www.sacbar.org

Timothy M. Taylor

Timothy G. Yeung

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We are proud to offer the following services at our new, state-of-the-art office: • Reputable, local mediators and arbitrators • Experienced team of case management professionals • 13 conference and meeting rooms • Comfortable client lounge with ample refreshments • Seamless technology and office service amenities • Within walking distance of the federal and state court houses • Conveniently located downtown with plenty of parking JUDICATEWEST.COM 916/394/8490 980 9TH STREET, SUITE 2200 SACRAMENTO CA 95814 DOWNTOWN LOS ANGELES

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EVENTS

Shanae Buffington the

Centennial Year Bench-Bar Reception by Shanae Buffington

2018 Co-Chair of the Bench-Bar Committee. She can be contacted at Shanae.Buffington@edd.ca.gov.

September 27, 2018, the Sacramento County Bar Association (SCBA) held its annual Bench-Bar Reception at the Sacramento Convention Center to honor Sacramento Superior Court Judge Richard K. Sueyoshi, the SCBA’s Judge of the Year. The event also featured a wine auction to benefit the Sacramento County Bar Foundation (SCBF), the charitable affiliate of the SCBA. U.S. District Court Judge Morrison C. England, Jr., Presiding Justice Vance Raye of the Court of Appeal, Third Appellate District, and Sacramento Superior Court Presiding Judge David De Alba presented state of the court reports. SCBA President Sil Reggiardo recognized the many judges present including newly appointed Judges Lauri A. Damrell, Shama H. Mesiwala, and Jill H. Talley. SCBF Centennial Fellows Russell J. Austin, Stephen F. Boutin, John R. Holstedt, David P. Mastagni, Gary M. Messing, Bruce A. Scheidt, Justice Arthur G. Scotland (Ret.), Steven L. Simas, Timothy M. Taylor, Jill A. Telfer, and Timothy G. Yeung were recognized for their professional accomplishment, substantial civic involvement, and philanthropy. President Reggiardo presented the Judge of the Year award to Judge Richard Sueyoshi. Justice Art Scotland introduced Judge Sueyoshi and spoke glowingly of his achievement on the bench and his service to the community. Judge Sueyoshi graciously accepted the award and thanked the Asian/ Pacific Bar Association of Sacramento, of which he is a past president, for nominating him as SCBA’s Judge of the Year. He reminisced about his time as a young attorney and as a new judge, emphasized the importance of mentorship, and acknowledged some of the mentors in his life, many of whom were in the room. The SCBA is grateful to its generous sponsors who made this wonderful event possible. The Sacramento Legal Secretaries Association and Sacramento Valley Paralegal Association generously donated their time to making the event run smoothly.

SCBA Judge of the Year Richard Sueyoshi and SCBA President Sil Reggiardo

Justice Art Scotland (Ret.) introduces the Judge of the Year

Sacramento Superior Court Presiding Judge David De Alba, U.S. District Court Judge Morrison C. England, Jr., Justice Art Scotland (Ret.), and Sacramento Superior Court Judge Richard Sueyoshi

Judge Sueyoshi (center) and court staff Don Payne, Karen Nowack, Kelly Souza, Ester Gonzalez, Linda Giannelli, and Michelle Jeremiah

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | November/December 2018 | www.sacbar.org

SACRAMENTO COUNTY BAR ASSOCIATION

2018 Centennial Bench-Bar Reception Judge Paul Beeman (Ret.), Judge Robert Hight (Ret.), and Rob Piering

Thank You to Our Sponsors DIAMOND CENTENNIAL SPONSOR

GAVRILOV & BROOKS ATTORNEYS AT LAW

CENTENNIAL SPONSORS

Luis Césepedes and Justice Louis Mauro

Mark Velasquez and Presiding Justice Vance Raye PLATINUM SPONSORS

SCBF Centennial Fellows Bruce Scheidt and Steve Boutin, with Jim Willet

Judge Paul Beeman (Ret.) and Lexi Howard

GOLD SPONSORS

SCBF Centennial Fellow Timothy Yeung and Jeff Edwards

SILVER SPONSORS Angelo, Kilday & Kilduff, LLP • Arnold Law Firm • JAMS • Labor & Employment Law Section (SCBA Section) • Sloan Sakai Yeung & Wong LLP

BRONZE SPONSORS Alternative Dispute Resolution (SCBA Section) • Asian/Pacific Bar Association of Sacramento Law Foundation • Capitol City Trial Lawyers Association • Delfino Madden O’Malley Coyle & Koewler LLP • Eisner Amper • Fisher Phillips • Hanson Bridgett LLP • Kronick Moskovitz Tiedemann & Girard • Law Office of Keith J. Staten & Associates • Messing Adam & Jasmine LLP • Moe’s Process Serving, Inc. • Parker Law Group • Seyfarth Shaw • Somach Simmons and Dunn • Wilcoxen Callaham LLP

FRIEND OF THE BAR SPONSORS

Serena Sueyoshi, Kiana Sueyoshi, and Judge Richard Sueyoshi

SCBF Centennial Fellow Gary Messing and Ed Brooks, SCBF President

Best Best & Krieger • Carlson & Gevelinger • Civil Litigation (SCBA Section) • CourtCall • FindLaw, a part of Thomson Reuters • First Legal Deposition Network • Hartman King PC • Healthcare (SCBA Section) • Keller Williams Realty, Paul Boudier • Leonard M. Friedman Bar Association • Litigation Services • Officers & Directors of the St. Thomas More Society • Probate & Estate Planning (SCBA Section) • Remy Moose Manley, LLP • SacLegal • Telfer Law • Timmons Owen Jansen & Tichy, Inc. • Wiley W. Manuel Bar Association

www.sacbar.org | November/December 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

PRO BONO

Pro Bono Attorney Guide

his issue of Sacramento Lawyer contains the SCBA’s first Pro Bono Attorney Guide – a project sponsored by the SCBA’s Pro Bono Committee and the Sacramento County Bar Foundation. The Guide provides information about pro bono opportunities in the Sacramento area. It will be continually updated on the SCBA’s web page: sacbar.org. In my time as the Managing Attorney of the Voluntary Legal Services Program (the pro bono program sponsored by the SCBA), I have found the local legal community to be generous with its time and financial support for legal services for the indigent. Even so, many people have to seek relief from the courts without the benefit of counsel. The Pro Bono Attorney Guide is designed to make it easy for, and to encourage, attorneys to fill in that gap. The areas of law addressed by the agencies in the guide are broad and provide opportunities for new lawyers or those with considerable experience. Are you interested in helping victims of domestic violence? WEAVE or My Sister’s House would be glad to hear from you. Would you like to advocate for a child who is in foster care? CASA Sacramento needs your help.

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

by Vicki Jacobs

The Pro Bono Attorney Guide has volunteer opportunities for attorneys with experience in federal court matters (Pacific McGeorge, U.S. District Court, and Ninth Circuit Court of Appeals). Those with an intellectual property background can provide pro bono services to inventors through the California Lawyers for the Arts. Do you want to help at a free legal clinic assisting the indigent with naturalization or with criminal records expungement? Legal Services of Northern California would appreciate your help. Prospective guardians of minor children who have not ADR LAW SECTION entered the dependency system, but who need a more stable home life, need help in the daunting process of becoming a child’s probate court-appointed guardian. These clients of the Voluntary Legal Services Program could CRIMINAL LAWuse CONSTRUCTION LAW SECTION SECTION your help. Thank you to Jeff Galvin, Chair of the SCBA Pro CRIMINAL LAW Bono Committee, Ed Brooks, Chair of CONSTRUCTION the Sacramento LAW SECTION SECTION Civil Litigation County Bar Foundation, and Mary Burroughs, Executive LAW SECTION Director of both the SCBA and Sacramento County Bar CONSTRUCTION Foundation, for their support of the Pro Bono Attorney LAW SECTION ADR LAW SECTION Guide project. 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

ALTERNATIVE

CHAIR Ken Malovos

TION

ION

CING MATION

25 w Section bers

30 ON ection mber

W CTION

CTION

THURSDAY, DECEMBER 2018 │5:00pm to 7:30pm THURSDAY, DECEMBER 13,13, 2018 │5:00pm to 7:30pm ALTERNATIVE

r.orgontact 80.

DISPUTE

RESOLUTION

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

CTION CTION

ASSOCIATION

ntion

A D R L ANovember W S E C Luncheon TION

SCBA 425University University • Sacramento SCBAEvent Event Center Center ••425 Ave,Ave, SuiteSuite 120 • 120 Sacramento CHAIR Ken Malovos

ALTERNATIVE EXECUTIVE COMMITTEE Daniel Yamshon Melissa Aliotti Dick Hoffelt Bill Owens Pat Tweedy Tom Wagner Buzz Wiesenfeld

DISPUTE

PAST CHAIRS Daniel Yamshon Bill Owens Steven Belzer

RESOLUTION

Thursday November 12, 2015

PRICING INFORMATION

DATE:

November Luncheon TIME: 12:00 p.m.

______

______ O N

______

CHAIR Ken Malovos

_ ___

EXECUTIVE COMMITTEE Daniel Yamshon Melissa Aliotti Dick Hoffelt Bill Owens Pat Tweedy Tom Wagner Buzz Wiesenfeld

PAST CHAIRS Daniel Yamshon Bill Owens Steven Belzer

County Bar

Minimum E N TOconBAR 4-3780 AT ION

S P E ADATE: K E RThursday S: SACRAMENTO

PRICING

COUNTY

BAR

Member

$25 Golden Eagle Room Law 1112 SecondADR Street, OldSection registration begins at 11:45 a.m. Members Sacramento

TOPIC:

SPEAKERS:

Judge Al Dover Judge Brian Van Camp Pat Tweedy

SECTION

SACRAMENTO COUNTY BAR ASSOCIATION

Reservations must be received $30 9, 2015 byR5:00pm November BA ASSO C I AT I O N

MEDIATION: COUNTY PLACE: S A C R A M E N T O C Non-Section O U N T Y B A R A S S O C I AT I O N What Works and Member RESTAURANT WhatFIREHOUSE Doesn’t You may pay by credit card or check payable to: Golden Eagle Room “Sacramento County Bar Association”. Mail payment and Street, Old lunch selection to: Sacramento County Bar Association, M 1112 C L Second E Attn: ADR Law Section, 1329 Howe Avenue #100, 0.75 HourSacramento MCLE Credit** Sacramento, CA 95825 or pay online at www.sacbar.orgSACRAMENTO

and SCBA Delegation Friend Raiser. CONSTRUCTION CRIMINAL LAW LAW SECTION TOPIC:

FRVEEENET

FREENT E

perty

Event Calendar. If you have any questions please contact

MEDIATION: What Works and What Doesn’t

MCLE

CHAIR Ken Malovos

0.75 Hour MCLE Credit**

SACRAMENTO COUNTY Deb BARRoberts ASSOCIATION at droberts@sacbar.org or 916-564-3780.

Reservations must be received by 5:00pm November 9, 2015

SECTION

O COUNTY S A C R A M E N T O C O U N T Y BS ABA CRARARASMSAOESNCSTI AT O CI OI NA T I O N

Menu Selections are:

SACRAMENTO YouBrown may pay byClassic creditSalad card or Salmon check payable to: CapreseCOUNTY Derby Provencale Polenta “Sacramento Countyare Bar Association”. Mail payment and *If reservations not made in advance entrée choice is what’s available. lunch selection to: Sacramento County Bar Association,

BAR ASSOCIATION

Civil Litigation LAW SECTION

Attn: ADR Law Section, 1329 Howe Avenue #100, YOUR NAME: ___________________________________________________________ MEAL: _______________ CA 95825 or pay online at www.sacbar.orgCOMPANY NAME:Sacramento, _____________________________________________________________________________

CRIMINAL LAW

Event Calendar. If you have any questions please contact

ADDRESS: ___________________________________________________________________________________ SACRAMEN O C O U N T Y B A R A S S O C I AT I O N SACRAMENTO COUNTY BAR ASSOCIATION’S Deb Roberts at droberts@sacbar.org orT916-564-3780.

CONSTRUCTION LAW SECTION VISIONARY CONSTRUCTION SACRAMENTO COUNTY

SECTION

CREDIT CARD NUMBER: __I AT __ __ BA R A S S__ OC I O–N__ __ __ __ – __ __ __ __ – __ __ __ __

Menu Selections are:

EXPIRATION DATE: ___ ___ – ___ ___ MASTER CARD: ____

CHECK NUMBER: __________

Award VISIONARY

VISA: ____ CVR CODE NUMBER: ___ ___ ___

Civil Litigation

**This activity is approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 0.75 unit of MCLE in the General Law Category. The Sacramento County Bar Association provider #166 certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum con-

LAW SECTION LAW SECTION

Award DELEGATION CONSTRUCTION

COMPANY NAME: _____________________________________________________________________________

ADDRESS: ___________________________________________________________________________________ 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

CITY: _______________________________________ STATE: ______________________ ZIP: _______________

EMAIL: __________________________________________________________________ AMOUNT: $_________

CREDIT CARD NUMBER: __ __ __ __ – __ __ __ __ – __ __ __ __ – __ __ __ __ EXPIRATION DATE: ___ ___ – ___ ___ MASTER CARD: ____

CHECK NUMBER: __________

VISA: ____ CVR CODE NUMBER: ___ ___ ___

SIGNATURE: _________________________________________________________________________________ *No refund will be available within 5 days of event.

COUNT Y BAR

Sacramento County Bar Association • 1329 Howe Avenue #100, Sacramento, CA 95825 • 916-564-3780 A S S O C I AT I O N

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

ALTERNATIVE DISPUTE RESOLUTION

EXECUTIVE COMMITTEE Daniel Yamshon Melissa Aliotti Dick Hoffelt Bill Owens Pat Tweedy Tom Wagner Buzz Wiesenfeld

PAST CHAIRS Daniel Yamshon Bill Owens Steven Belzer

Thursday November 12, 2015

PRICING INFORMATION

DATE:

$25 TIME: 12:00 p.m. ADR Law Section registration begins at 11:45 a.m. Members

TOPIC:

SACRAMENTO

COUNTY

BAR

$30

ASSOC I AT I O N Non-Section

CRIMINAL LAW CONSTRUCTION LAW SECTION PLACE: FIREHOUSE RESTAURANT Golden Eagle Room 1112 Second Street, Old Sacramento

Member

SECTION

SACRAMENTO COUNTY BAR ASSOCIATION

MEDIATION: What Works and What Doesn’t

Reservations must be received by 5:00pm November 9, 2015

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 You may pay by credit card or check payable to: “Sacramento County Bar Association”. Mail payment and lunch selection to: Sacramento County Bar Association, Attn: ADR Law Section, 1329 Howe Avenue #100, Sacramento, CA 95825 or pay online at www.sacbar.orgEvent Calendar. If you have any questions please contact Deb Roberts at droberts@sacbar.org or 916-564-3780.

MCLE

0.75 Hour MCLE Credit**

CRIMINAL LAW

CONSTRUCTION LAW SECTION SECTION SACRAMENTO COUNTY B A R A S S O C I AT I O N

Menu Selections are: SACRAMENTO Salmon Provencale CapreseCOUNTY Polenta BAR ASSOCIATION

Brown Derby Classic Salad

Civil Litigation

Holiday Par DelegationFFR

THURSDAY, DECEMBE Intellectual Property SACRAMENTO COUNTY BAR ASSOCIATION

LAW SECTION

SCBA Event Center • 425 Un

Holiday Party, Awards, andJoin Us for the SCBA Pre Holiday Party, Awards, Outgoing SCBA Section a Delegation Friend Raiser and and SCBA Delegation Fri *If reservations are not made in advance entrée choice is what’s available.

LAW SECTION

YOUR NAME: ___________________________________________________________ MEAL: _______________

COMPANY NAME: _____________________________________________________________________________

ADDRESS: ___________________________________________________________________________________ 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

CITY: _______________________________________ STATE: ______________________ ZIP: _______________

EMAIL: __________________________________________________________________ AMOUNT: $_________

CONSTRUCTION

LAW SECTION

COUNT Y BAR

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

PROBATE AND ESTATE PLANNING LAW SECTION

Sacramento County Bar Association • 1329 Howe Avenue #100, Sacramento, CA 95825 • 916-564-3780 A S S O C I AT I O N SACRAMENTO COUNTY BAR ASSOCIATION

ADR LA W SECTION

Sacramento County Bar Association

Public LAWSECTION

Holiday Party, Awards Delegation Friend Raiser E DelegationFREFriend Rai VISION Awar ALTERNATIVE DISPUTE RESOLUTION

November Luncheon

EXECUTIVE COMMITTEE Daniel Yamshon Melissa Aliotti Dick Hoffelt Bill Owens Pat Tweedy Tom Wagner Buzz Wiesenfeld

PAST CHAIRS Daniel Yamshon Bill Owens Steven Belzer

THURSDAY, DECEMBER 13, 2018 │5:00pm to 7:30pm Thursday November 12, 2015

DATE:

PRICING INFORMATION

H o w -To Holiday Mixer

$25 TIME: 12:00 p.m. ADR Law Section registration begins at 11:45 a.m. Members

Hone your networking skills with the nicest group of attorneys in Sacramento.

SCBA Event Center • 425 University Ave, Suite 120 • Sacramento

DATE:

TIME:

Thursday

November 11, 2014

12-1:15 pm

PLACE: 1112 2nd St. Sacramento, CA 95814

SACRAMENTO

COUNTY

BAR

PLACE: FIREHOUSE RESTAURANT Golden Eagle Room 1112 Second Street, Old Sacramento

Nancy Park Fair Political Practices Commission Chair

$30

ASSOC I AT I O N Non-Section

Member

TOPIC:

Please RSVP by Tuesday, October 21.

You may pay by credit card or check payable to: “Sacramento County Bar Association”. Mail payment and lunch selection to: Sacramento County Bar Association, Attn: Public Law Section, 1329 Howe Avenue #100, Sacramento, CA 95825 or pay online at www.sacbar.org-Event Calendar. If you have any questions please contact Sacramento County Bar

The latest on the FPPC, campaign finance and government ethics.

MCLE

Reservations must be received by 5:00pm November 9, 2015

YOUR NAME: ___________________________________________________________ MEAL: ______________

GUEST NAME:___________________________________________________________ MEAL: ______________

You may pay by credit card or check payable to: “Sacramento County Bar Association”. Mail payment and lunch selection to: Sacramento County Bar Association, Attn: ADR Law Section, 1329 Howe Avenue #100, Sacramento, CA 95825 or pay online at www.sacbar.orgEvent Calendar. If you have any questions please contact Deb Roberts at droberts@sacbar.org or 916-564-3780.

SECTION

SACRAMENTO COUNTY B A R A S S O C I AT I O N

VISA: ____ CVR CODE NUMBER: ___ ___ ___

Pesto-Grilled Pork Tenderloin - crisp pancetta-arugula-pickled salad, garlic mashed potatoes, and sautéed seasonal vegetables. Salmon Azteca - smoked paprika, black bean pico and sweet corn soubise, roasted fingerling potatoes, and seasonal vegetables. Brown Derby Salad marinated flank steak, spring greens, avocado, fresh tomato, hard-cooked egg, applewood bacon, and creamy blue cheese dressing.

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

Menu Selections are: SACRAMENTO Brown Derby Classic Salad Salmon Provencale CapreseCOUNTY Polenta BAR ASSOCIATION

SIGNATURE: _________________________________________________________________________________

to the Conference of California Sacramento County Bar Association LAW SECTION Bar Associations

R U If

ADDRESS: ___________________________________________________________________________________

CITY: _______________________________________ STATE: ______________________ ZIP: _______________

EMAIL: __________________________________________________________________ AMOUNT: $__________

CREDIT CARD NUMBER: ___ ___ ___ ___ – ___ ___ ___ ___ – ___ ___ ___ ___ – ___ ___ ___ ___

EXPIRATION DATE: ___ ___ – ___ ___ MASTER CARD: ____ VISA: ____ CVR CODE NUMBER: ___ ___ ___

SIGNATURE: _________________________________________________________________________________

**This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one unit of MCLE. The Sacramento County Bar Association provider #166 certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.

Sacramento County Bar Association • 1329 Howe Avenue #100, Sacramento, CA 95825 • 916-564-3780

SACRAMENTO COUNTY BAR ASSOCIATION

LAW SECTION

*If reservations are not made in advance entrée choice is what’s available.

*No refund will be available within 5 days of event.

Menu Selections this month are:

Outgoing SCBA Division Chairs Awards THURSDAY, DECEMBER 13, 2018 │5:00pm CRIMINAL LAW Section and Intellectual Property CONSTRUCTION LAW SECTION SCBA Event Center • 425 University SCBA Delegation Friend Raiser. of the Visionary JoinandUsCivil forLitigation the SCBA Presentation Award, Ave, Suite 120 •S

0.75 Hour MCLE Credit**

Sacramento County Bar Association CHECK NUMBER: __________

MCLE

SACRAMENTO COUNTY BAR ASSOCIATION

SACRAMENTO COUNTY BA

SCBA Join Event • 425 Presentation University Ave, 120 •Award, Sacramento EVE UsCenter for the SCBA of theSuite Visionary

CREDIT CARD NUMBER: __ __ __ __ – __ __ __ __ – __ __ __ __ – __ __ __ __

SACRAMENTO COUNTY B A R A S S O C I AT I O N

Judge Al Dover Judge Brian Van Camp Pat Tweedy

MEDIATION: What Works and What Doesn’t

ADDRESS: ___________________________________________________________________________________ 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

EXPIRATION DATE: ___ ___ – ___ ___ MASTER CARD: ____

Reservations must be received by 5:00pm November 9, 2015

CRIMINAL LAW THURSDAY, DECEMBER 13, 2018 │5:00pm to 7:30pm CONSTRUCTION LAW SECTION SECTION T

CITY: _______________________________________ STATE: ______________________ ZIP: _______________

A re fr

Sacra mento County Bar Association

SOLO

LAW SECTION

YOUR NAME: ___________________________________________________________ MEAL: _______________

SMALL

S Division Chairs Awards DELEGATION Outgoing SCBA Section andPROBATE ANDUs for the SCBA Presentation of the Vision Join CONSTRUCTION E PLANNING and SCBA Delegation E Register online at www.sacbar.org-Event Calendar. If you have any questions please contact Cecilia Friend RaineyESTATE atRaiser. cecilia.rainey@sacbar.org or 916-564-3780. LAW SECTION R T FEVEN Outgoing SCBA Section and Division Chairs Awa VISIONARY Public 18 1918~2018 CENTENNIAL | SACRAMENTO LAWYER | November/December 2018 | www.sacbar.org LAWSECTION Award and SCBA Delegation Friend Raiser. COUNT Y BAR

COMPANY NAME: _____________________________________________________________________________

Sacramento County Bar Association • 1329 Howe Avenue #100, Sacramento, CA 95825 • 916-564-3780 A S S O C I AT I O N

SACRAMENTO COUNTY BAR ASSOCIATION

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

Menu Selections are: SACRAMENTO Salmon Provencale CapreseCOUNTY Polenta BAR ASSOCIATION

SPEAKERS:

TOPIC:

EMAIL: __________________________________________________________________ AMOUNT: $_________

CTION

Member

SPEAKER:

S A C R A M E N TO

tinuing legal education. YOUR NAME: ___________________________________________________________ MEAL: _______________ COUNT Y BAR Sacramento County Bar Association • 1329 Howe Avenue #100, Sacramento, CA 95825 • 916-564-3780 A S S O C I AT I O N COMPANY NAME: _____________________________________________________________________________

$30

ASSOC I AT I O N Non-Section

*If reservations are not made in advance entrée choice is what’s available.

CHAIR Ken Malovos

SPEAKERS:

CITY: _______________________________________ STATE: ______________________ ZIP: _______________

refund will available. be available within 5 days of event. *If reservations are not made in advance entrée*No choice is what’s

BAR

Brown Derby Classic Salad

Judge Al Dover Judge Brian Van Camp Pat Tweedy

EMAIL: __________________________________________________________________ AMOUNT: $_________

SACRAMENTO SACRAMENTO COUNTYBrown BAR ASSOCIATION’S Derby Classic Salad_________________________________________________________________________________ Salmon Provencale CapreseCOUNTY Polenta BAR ASSOCIATION SIGNATURE:

PRICING INFORMATION

YOUR NAME: ___________________________________________________________ MEAL: _______________

*No refund will be available within 5 days of event.

ASSOC I AT I O N Non-Section

COUNTY

PLACE: FIREHOUSE RESTAURANT Golden Eagle Room 1112 Second Street, Old Sacramento

MCLE

EXPIRATION DATE: ___ ___ – ___ ___ MASTER CARD: ____ VISA: ____ CVR CODE NUMBER: ___ ___ ___

$30

INFORMATION PLACE: November 12, 2015 FIREHOUSE RESTAURANT

Judge Al Dover Judge Brian Van Camp Pat TIME: Tweedy12:00 p.m.

SACRAMENTO

0.75 Hour MCLE Credit**

SIGNATURE: _________________________________________________________________________________

JoinUs Us for for the of theofCRIMINAL Visionary Award, LAWAward, Join theSCBA SCBAPresentation Presentation the Visionary CONSTRUCTION LAW SECTION Outgoing SCBA Section and Division Chairs Awards Outgoing SCBA Section and Division Chairs Awards CRIMINAL LAW CONSTRUCTION LAW SECTION and SCBA Delegation Friend Raiser. SECTION

_____

______

Thursday November 12, 2015

DATE:

TOPIC:

CREDIT CARD NUMBER: __ __ __ __ – __ __ __ __ – __ __ __ __ – __ __ __ __ CHECK NUMBER: __________

$25 ADR Law Section registration begins at 11:45 a.m. Members

RESOLUTION

$25 TIME: 12:00 p.m. ADR Law Section registration begins at 11:45 a.m. Members

MEDIATION: What Works and What Doesn’t

Holiday Party,Awards, Awards, Holiday Party, andand Delegation FriendRaiser Raiser Delegation Friend ADR LAW SECTION

PAST CHAIRS Daniel Yamshon Bill Owens Steven Belzer

SPEAKERS:

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

nt and ion,

EXECUTIVE COMMITTEE Daniel Yamshon Melissa Aliotti Dick Hoffelt Bill Owens Pat Tweedy Tom Wagner Buzz Wiesenfeld

Judge Al Dover Judge Brian Van Camp Pat Tweedy

November Luncheon

DISPUTE

November Luncheon

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Bar Associations YOUR NAME: __________________________________________________________________________________

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Sacramento County Bar Association • 1329 Howe Avenue #100, Sacramento, CA 95825 • 916-564-3780 A S S O C I AT I O N

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Thursday November 11, 2014

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Sacramento County Bar Association Thursday SACRAMENTO COUNTY BAR ASSOCIATION’S H o w -To DATE:

SCBA December MCLE Luncheon A View from the Bench Military Diversion Court, Veterans Treatment Court, and serving in the military as a JAG officer

DATE: Thursday,

December 6, 2018

PRICING INFORMATION

TIME:

$35 SCBA Members

Registration Starts at 11:45

12:00 p.m. – 1:00 p.m.

PLACE: SCBA EVENTS CENTER

Judge James E. McFetridge May 1996 – October 2006: Deputy Attorney General, Office of the Attorney General, Civil Division, Employment, Regulation and Administration Section, representing state agencies in state and federal courts in employment litigation. July 2004 – Present: Colonel, California Army National Guard, Judge Advocate; May 2005 – July 2006: active duty as the Command Judge Advocate for the 115th Area Support Group, California Army National Guard, in support of Operation Iraqi Freedom; since 2007, served as Military Judge, Joint Force Headquarters, Sacramento. October 25, 2006 – Present: Appointed by Governor Arnold Schwarzenegger to the Sacramento County Superior Court; past assignments include Family Relations Court and Juvenile Justice Court; currently assigned to General Trials.

425 University Ave, Suite 120 Sacramento, CA 95825 Reservations must be received by 3pm December 3, 2018. Registration will not be confirmed until payment is received. After deadline date (if there is availability) and for any walk-ins pricing will increase by $10. No one will be permitted to attend without payment.

$55 Non-SCBA Members $25 Court Staff / Students

MCLE 1 Hour

General Law Credit MCLE**

RSVP: You may pay at www.sacbar.org-event calendar with credit card only or check if received on or before the deadline date. Mail payment to: Sacramento County Bar Association, Attn: SCBA December MCLE Luncheon, 425 University Ave, Suite 120, Sacramento, CA 95825. If you have any questions please contact cecilia.rainey@sacbar.org or 916-564-3780

December Buffet Lunch

BBQ Boneless Chicken Breast, BBQ St. Louis Style Pork Ribs, Traditional Potato Salad, Maple Brown Sugar Baked Beans, Harvest Salad with Honey Mustard Dressing, Assortment of Desserts and Beverages. Vegetarian Lunch YOUR NAME: __________________________________________________________________________________________________________________ ADDRESS: ____________________________________________________________________________________________________________________ CITY: _________________________________________________________________________ STATE: ______________________ ZIP: _______________ EMAIL: ______________________________________________________________________________________________ AMOUNT: $______________ CREDIT CARD NUMBER: __ __ __ __ – __ __ __ __ – __ __ __ __ – __ __ __ __ EXPIRATION DATE: ___ ___ – ___ ___

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SCBA December MCLE Luncheon - December 6, 2018 • No refund will be available within 3 days of event **This activity pending for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1.0 unit of MCLE in the General Law Category Credit. The Sacramento County Bar Association provider #166 certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. This event is for SCBA members and invited guests. The SCBA reserves the right to refuse admission to anyone whose presence is unreasonably disruptive or who detracts from the safety, welfare, and well-being of other patrons, staff, and the establishment itself.

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COVER STORY

Augustin R. Jimenez is Deputy General Counsel, California State Transportation Agency. He can be contacted at augustin.jimenez@calsta. ca.gov.

2018 DISTINGUISHED ATTORNEY OF THE YEAR

Luis Céspedes by Augustin R. Jimenez

The Sacramento County Bar Association – in this, its centennial year – has selected Luis Céspedes as the Distinguished Attorney of the Year for 2018, a lawyer who has championed the cause of civil rights, equal justice, diversity and inclusion throughout his professional career.

awyers often find inspiration through an event, a person, book, or experience to pursue the law as a profession. Luis Céspedes was inspired by an event he experienced while working in the rural community of Santa Maria, where he grew up. At the time, circa 1968, 15-year-old Luis was working in the fields for a grower when word of a march in support of a farmworker strike – a huelga, led by civil rights leader Cesar Chavez – would be passing by his worksite. As the strikers approached, Luis joined the march. Local law enforcement arrived and began arresting workers, including Luis. Suddenly, Luis observed a “long-haired, skinny lawyer in a van” arrive at the scene and declare, “under the

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | November/December 2018 | www.sacbar.org

Laurrel Céspedes, Luis Céspesdes, and Cesar Chavez, discussing U.F.W. Statewide Initiative (Yes on Proposition 14), 1976

First Amendment right to assemble, the National Labor Relations Act, and 42 United States Code section 1983, this order enjoins you from disrupting a lawful assembly, workers’ right to strike, and any arrest and abridgment of constitutional rights and your failure to abide by this order will result in your being held in contempt of court.” At that moment, Luis Céspedes determined to learn how to “talk like that” and set his sights on obtaining a college education and becoming a lawyer. The Early Years Céspedes was admitted to Occidental College where he met his wife of 45 years, Laurrel Montoya. He got his first taste of Sacramento politics as a consultant in the California Assembly after earning a B.A. degree in political science in 1974. His work convinced then-Assembly Member Vic Fazio to hire him. As Fazio recalls, Céspedes was “enthusiastic, upbeat, optimistic, and diligent; he’s the same today as he was then. I knew he was destined to be a great leader and great family man.”

Céspedes was admitted to the University of California, Berkeley, School of Law, where he began one week after the birth of his first daughter, Larisa. Céspedes graduated in 1980, when his second daughter, Marisola, was only six months old. He returned to Sacramento and served as a consultant to the Assembly Health Committee. Two years later, Céspedes opened the door to his law practice in Sacramento when his third daughter, Elyna, was one year old. Luis is extremely proud of all three daughters who are graduates of the University of California with successful careers in Sacramento. Professional Excellence and Community Service Céspedes’ successful practice has evolved from handling personal injury, wrongful death, and employment discrimination matters in state and federal courts to his representation of individuals in criminal post-conviction relief cases. But it is in immigration law where Céspedes especially excels. Indeed, immigration has become a hotbed issue across the nation with the epicenter

arguably here in California. So it was in 2015, that Céspedes chaired the Lawyers’ Advisory Committee to the Sacramento City Council Safe Haven Task Force, resulting in the establishment of the Family Unity, Education and Legal Network (FUEL). Designed to protect families facing deportation, Céspedes worked with FUEL to secure a substantial grant from the City of Sacramento to support this vital program. As Sacramento Mayor Darrell Steinberg stated, “His passionate and professional presentation to the City Council last year was critical in securing funding and unanimous support for this important service during this critical time in our nation’s history.” Céspedes has frequently appeared in local media news interviews and CNN discussing the complexities of immigration law, policy, and litigation. Lawyers who have worked with Céspedes note well his excellence in the profession. Kevin Johnson, Dean of the UC Davis School of Law, states that Céspedes “has long been a pillar of the legal community in Sacramento. Luis’s deep and enduring commitment to justice is an inspiration to all attorneys.” Veteran litigator and colleague, John

Luis Céspedes being sworn in as an attorney, with daughter Larisa, and the late Judge Lorenzo Patiño presiding, 1981

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Photo by Milena Hmeleva

COVER STORY

At the Latino Leaders on the Move event at the Mexican Consulate in Sacramento, from left to right: City Councilmember Eric Guerra, Mayor Darrell Steinberg, County Supervisor Phil Serna, Luis Céspedes, Brian Lopez, George Acero, Joe Ayala, Justice Elena Duarte, Linda Gonzalez, and Alberto Gonzalez, August 2018

Virga, regards Céspedes as a “top notch attorney…superior in every category.” Céspedes has made numerous contributions to the community, having served on several boards and commissions, including 11 years as chair and member of the Sacramento Housing and Redevelopment Commission and Valley Vision, which created a “blue print” for regional development. Working with Cien Amigos and the Cruz Reynoso Bar Association, organizations he co-founded, Céspedes was instrumental in bringing California Supreme Court Associate Justice Mariano-Florentino Cuéllar to Sacramento to discuss his insights on law and policy with lawyers, judges, and community leaders. Céspedes is a member of the Schwartz Levi Inn of Court and served on the SCBA’s Court Funding Task Force. Among Céspedes’ most lasting and meaningful contributions to the Sacramento legal community was his role in founding of the “Sacramento Unity Bar.” It was in 1987 that Céspedes, then president of the former La Raza Lawyers Association (now, the Cruz Reynoso Bar Association), reached out to other leaders – retired Judge Renard Shepard, then president of the Wiley W. Manual Bar Association, and Jerry

Chong, then president of the Asian Bar Association. With the Unity Bar, Céspedes and his colleagues created a lasting legacy in this community. As Céspedes observes, “now, more than ever, the work of the Unity Bar is critical” to educate the public on the importance of our judiciary in an era of significant divisiveness and conflict.

Deserved Recognition Many prominent lawyers believe this honor is long overdue. Former Sacramento City Attorney Sam Jackson says Céspedes is never one to sit back, but has proactively searched out ways for all people of color to have a “fair opportunity for upward mobility whether in law, government or business.” Céspedes’ commitment to mentoring aspiring young lawyers and encouraging excellence extends to seasoned lawyers as well. For instance, U.S. District Judge Troy Nunley recalls how Céspedes’ “mentorship, guidance, and assistance helped start my judicial career on the road to becoming a federal judge.” As Judge Nunley reflects, Céspedes possesses qualities that make him an “outstanding community leader: intelligence, even temperament, patience, compassion, honesty, integrity, dignity, and humility. Most im-

Céspedes Family – October 2017: upper row: David Ureno, son-in-law; Larisa, daughter, Cacilie Williams, daughter–in-law; Marisola, daughter with granddaughter, Micah; Elyna, daughter, Paul Barragan, son-in-law; lower row: Luis & Laurrel; Cruz, grandson; Diego, grandson

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“Mr. Cespedes, … You can come and try a case in this court anytime you want. … I feel bad ruling against you to be candid with you, Mr. Cespedes, but it has just been a pleasure having you here.” Judge Lawrence Karlton, Pena v. United States of America (E.D. Cal. June 23, 1987) portantly, I’m pleased and honored to call Luis, ‘My Brother.’” Retired Third District Court of Appeal Presiding Justice Arthur Scotland offers this observation: “Luis is an accomplished and highly-respected attorney to whom state and local leaders over the years

Luis Céspedes, Judge Renard Shepard (ret.), Justice George Nicholson (ret.), and Jerry Chong at the Unity Bar dinner, 2015

have relied upon for insights, ideas, legal advice, and ability to bring people together for important causes.” As aptly put by Sacramento Superior Court Presiding Judge David De Alba, a friend of Céspedes for nearly four decades, Céspedes’ recognition is “richly

deserved for his many years of selfless and courageous contributions to the legal, policy, and political well-being of our greater Sacramento community.” Congratulations, Luis – as you would say on this august occasion of your stellar career, “¡Sí se puede!”

www.sacbar.org | November/December 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

FEATURE ARTICLE

Judge Shama H. Mesiwala

A Primer on Juvenile Dependency Law

was appointed Commissioner and assigned to the dependency court in January 2017; Gov. Brown named her Superior Court Judge at the end of 2017.

by Judge Shama H. Mesiwala

Students, attorneys, and judges at a court-hosted ice cream social celebrating interns’ summer service to the Children’s Law Center: Judge Ken Mennemeier, Attorney Tina Milburn, Intern Sela Steiger, Intern Kelly Doyle, Intern Megan Humphries, Intern Corina Johnson, Intern Lacia Japp, Intern Supervisor Attorney Katherine McLoughlin, Attorney Peter Piper, Judge Shama Mesiwala, Attorney Katherine Taylor, Judge Paul Seave, and Judge Steve Basha

Introduction When I was assigned to the juvenile dependency court, on my desk was a binder entitled, “The Insiders’ Guide to Juvenile Court Dependency Proceedings.” The first page had the following quotation: “While each division of the court is vitally important to the litigants and to society, there is no division of greater importance than the juvenile court, which deals with the sensitive parent-child relationship and the potential of horrendous damage to children.” (Jeff M. v. Superior Court (1997) 56 Cal.App.4th 1238, 1243.) In my almost two years working in dependency court, I have reflected on this quotation often. What has struck me is the collaboration between the stakeholders – the court, the Department of Children, Family, and Adult Services (the Department), children’s counsel, and parents’ counsel – to ensure the concurrent goals child safety, family preservation, and permanency are met.

I write here to provide a window into the world of dependency cases – cases that are closed to the public but serve our entire community by, at their best, positively impacting generations of families in our region. What Are Dependency Cases? “Dependency proceedings are civil in nature, designed not to prosecute a parent, but to protect the child.” (In re Mary S. (1986) 186 Cal.App.3d 414, 418-419.) The goals of these proceedings are threefold: (1) protect children; (2) preserve the family, if it can be done in a safe and timely manner; and (3) provide stable, permanent homes for children. (Seiser & Kumli, Cal. Juvenile Courts Practice and Procedure (2018 ed.) § 2.11, pp. 2-27 – 2-30.) A dependency court may take jurisdiction over a child in some instances “without a finding that a parent is at fault or blameworthy for her failure or inability to supervise or

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | November/December 2018 | www.sacbar.org

protect her child.” (In re R.T. (2017) 3 Cal.5th 622, 624.) How Do Children Come to the Department’s Attention? Children usually come to the Department’s attention by a call to its hotline from people who suspect these children are in danger (e.g., neighbors, family friends) or from mandated reporters (e.g., teachers, medical professionals). The Department must first determine whether the call rises to suspected abuse or neglect. If it does, a child welfare social worker investigates the circumstances of the children and family. The Department must make reasonable efforts to keep children in the home when it is safe to do so. In the vast majority of cases, the social worker offers the family informal services to keep the family together while addressing the issues that brought the family to the attention of the Department. (See Welf. &

event, the supervisors had not yet voted to approve funds for this program, which they eventually did.) Steinberg was in his Parents desire towho combat Inst.plaintive Code, § 301.) avail the issue, even though it could perthemselves of and benefit frombethese ceived an issue that servicesaswill not see thewould insidenot of anecdeessarily be a “city” issue. At one point, pendency courtroom, as they have alRuyak thetoaudience to quickly leviatedasked the risk their children. tweetTraci Steinberg’ reply onCounty the issue of F. Lee,s Assistant Counhomelessness. He said, “I’ll be darned sel for the Department, who is responifsible I allow thing tothe grow withoutwho agfor this overseeing attorneys gressive representaction.” the Department, describes her viewWhen of the the socialconversation worker’s job turned as follows: to “The goal ofs the Sacramento’ bid child for a welfare second worker Amazonis to keep children safe andthehelp families site, Ruyak questioned prioritizabe healthy. have one over of theothers hardtion of the They tech industry est jobs in that our community expects and also asked about the downside them as to be 100 percent right 100 percent such rising rents and the resulting of the time – which is impossible. Amazexodus of long-term residents. Ruyak ing efforts and great successes are made and Steinberg had moments of levity every day by these workers and the with regard to euphemisms for famigenlies they help but cannot be shared due to trification, but finally, Steinberg called confidentiality requirements. The work it for what it is. He acknowledged the the Department does 24 hours a day, sevproblem rising rents have caused, with en days a week with children and families long-time residents being uprooted in need of support provides immeasurfrom neighborhoods, as well as changes able value to the health and well-being of that overcome neighborhoods as trendy our community as a whole.” store-fronts establish their presence in the city.Do These Cases Get How When asked about the priority for to Court? the arts, Steinberg gave it the same priIf parents fail to avail themselves of ority as sports and talked aboutorvaror benefit from informal services the ious improvements Department does not and offer commitment them because to the arts under his leadership. it believes the risk is imminent, the He sowas quick to promote thecourt Farm-tocial worker seeks juvenile interFork movement in the region too and vention. To initiate court proceedings, commented on the growth of that the Department must file a petitionsegalment thechild city.is described by Welfare leginginthe and When Institutions section askedCode about the 300 city’sand rat-is in need of the juvenile court’ s protection. ings, Steinberg addressed the issue of Some of the more common are under-funded pensions perreasons CalPers’ parents engaging in domestic analysis of how much the cityviolence needs in maintain front of orinnear the children or using to reserve for pensions. It drugs that put their children at riskfulof was evident that Steinberg does not serious harm.in Mental ly agree physical with the math terms ofhealth how challenges for parents and/or children much this would consume the city’s are other common childrenit are operational budget reasons and whether is brought before the court. even possible to get into positive ratings based on the burden that the city Are Children Separated from is expected to carry. Their Parents? The evening was an issue-laden, They can be. Parents can consent in-depth look at Steinberg’s leadership, to removal of their children, the social his policies and areas of passion, as well worker can seek a court order (war-

Justice George Nicholson Retires Continued from page 12 the following comment, and decided to thought-out and sincerely held – even if they differed a lot for froma my own. This – leave itorin ifforthere one reason – there are probrant), is imminent risk of before the court detention hearwhat – is something ably hundreds peopleand in this commuserious physicalofharm no time to ing asI have soonjust as described possible and before the nity who could say the same thing. And of such great value to our community of obtain a warrant, a peace officer may expiration of the next judicial day after it is high praise. There are many things diverse people (and to preserving it as remove the children. (Welf. & Inst. the dependency petition has been filed. community): the ability to discuss reabout §which Nicholson and I a(Welf. Code, 305.) Justice The court may grant & Inst. Code, § 315.) differences opinion, likely disagree law, politics, But I spectfully the request for–ainwarrant if “it etc. appears At the detention ofhearing, thebelief, court know that he and I (or anyone else in my perspective, and the like. to the court that the circumstances of must release children to their parents stead) could discuss things, and On among behalf other of many, I express [the minors’] home those environment mayit unless, things, “[t]herehope is a that the conclusion of this chapter of would be a dialogue, not a debate. The endanger the health, person, or welfare substantial danger to the physical health Justice Nicholson’ life child[ren will be the dialogue would be civil,&probably colleof the minor[s].” (Welf. Inst. Code, § of the child[ren] ors the are]start sufof a new and productive time of scholargial. Each of us would listen to the other. 340, subd. (a).) If children are involunfering severe emotional damage, and there andreasonable service formeans him. by which the I would respect they that his views well ship tarily detained, must be were brought are no

15 25

FEATURE ARTICLE

child[ren]’s physical or emotional health may be protected without” removal. (Welf. & Inst. Code, § 319, subd. (b)(1).) Katherine McLoughlin, Certified Child Welfare Law Specialist and Staff Attorney for the Children’s Law Center, expresses her view of the separation of children from their parents as follows: “Every day, the juvenile dependency court makes decisions that have huge implications on a child’s life and future – the most drastic of which is the separation of a child from his or her family . . . . [A]s we have seen firsthand in our practice, this separation can be incredibly traumatic and can have long lasting detrimental impact on brain development, the ability to regulate emotions and the ability to cope with future stress. As a court system, it is critical that we work to keep families together unless separation is required for the protection of the children we serve.” If children are detained, the court reviews the case in another three weeks to determine if there is dependency jurisdiction. (Welf. & Inst. Code, § 334.) If the court finds there is, the court may remove children from their parents only if it finds by clear and convincing evidence “[t]here is or would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the [children] if the [children] were returned home, and there are no reasonable means by which [their] physical health can be protected without removing [them] from [their] parent’s or guardian’s physical custody.” (Welf. & Inst. Code, § 361, subd. (c)(1).) What Happens After Children Are Removed? If the court removes children from only one parent, the court must decide whether it can place the children with the other parent with whom the children were not previously residing. (Welf. & Inst. Code, § 361.2, subd. (a).) If the other parent is requesting

custody, the court must place with that parent unless it would be detrimental to the well-being of the children. (Welf. & Inst. Code, §361.2). If the court cannot place with either parent, the Department must give “full consideration” to a foster placement in “proximity of the natural parents . . . so as to facilitate visitation and family reunification,” with preference for relatives unless not in the children’s best interests. (Fam. Code, § 7950, subd. (a)(1).) In most cases where children have been removed from their parents, the court must provide family reunification services that are designed to help parents overcome the problems that led to dependency of their children. (Welf. & Inst. Code, § 361.5, subd. (a); In re Christina L. (1992) 3 Cal.App.4th 404, 414.) The importance of these services is underscored by Mr. Dale Wilson, whose law firm represents both parents and children in juvenile dependency proceedings: “Once the court has removed the children, appropriate reunification services and most importantly quality visitation are vital to addressing the complex issues that families face in dependency proceedings. Counsel’s role for parents is largely about ensuring parents receive both the visitation and services that they will need to be able to safely parent their children.” Timelines for Parents to Reunify Are Short For children who are under the age of three at the time of the initial removal from their parents, parents have six months to reunify with their children. (Welf. & Inst. Code, § 361.5, subd. (a) (1)(B).) For children who are three or over at the time of initial removal, the parents have 12 months. (Welf. & Inst. Code, § 361.5, subd. (a)(1)(A).) And for a sibling group whose members were removed from their parents at the same time and in which one is under age three at the time of the initial removal, the parents have six months. (Welf. &

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | November/December 2018 | www.sacbar.org

Inst. Code, § 361.5, subd. (a)(1)(C).) These timelines can be extended up to 18 months and in rare cases, 24 months, if, for example, there is a substantial probability that the children will be returned to their parents within that time. (Welf. & Inst. Code, §361.5, subds. (a) (3)(A)&(a)(4)(A).) What Happens to Dependent Children If Their Parents Are Unable to Reunify? If parents are unable to reunify, the court selects a permanent plan for their children. That plan includes adoption, guardianship, placement with a relative, or continuing foster care. Some examples of the latter are placement in the home of a non-related extended family member or licensed resource family. Courts used to wait until the parents had been unsuccessful in reunification before finding another permanent home for these children. (Seiser & Kumli, supra, § 2.11[3], pp. 2-28 – 2-29.) “But this form of ‘sequential planning’ often delayed permanency for children.” (Ibid.) The law now requires the court to engage in concurrent planning for all dependent children in out-of-home placement where parents are given reunification services. (Id. at § 2.12[9], p. 2-36.) Concluding Thoughts I close this article by returning to the collaboration necessary for ideal dependency proceedings. “The most effective litigants” (and I would add juvenile court judicial officers) “are usually those who work with the knowledge, insight, and spirit of cooperation to achieve realistic and reasonable goals,” “striv[ing] to protect the child and to maximize the involvement of the family in decision making and services.” (Seiser & Kumli, supra, § 2.10[3][practice tip], p. 2-27.) These proceedings are different than “the ordinary civil action” in the way they affect the fundamental rights of parents and children. (In re Kristin H. (1996) 46 Cal.App.4th 1635, 1661.)

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SECTIONS & AFFILIATES

Victoria Jacobs Receives 2018 Jean C. McEvoy Public Service Award by Penny R. Brown

ictoria (“Vicki”) Jacobs, Managing Attorney of Voluntary Legal Services Program (“VLSP”), is the recipient of the 2018 Jean C. McEvoy Public Service Award, given annually by the Sacramento County Bar Association Probate and Estate Planning Law Section. The reception, held in Jacobs’ honor on August 21, 2018, was well attended by her friends and family, members of the community at-large, the legal community and members of the SCBA. The Jean C. McEvoy Public Service Award, formerly named the Court Service Award, was established in 2012 to recognize the extraordinary and selfless efforts of Jean C. McEvoy, most notably for her contributions to the court and to the legal community. Following Jean’s passing in 2013, the award was renamed the Jean C. McEvoy Public Service Award in her honor and her memory. Awarding the Jean C. McEvoy Public Service Award to Jacobs was an easy choice. She has dedicated the last 28

Vicki Jacobs

years of her professional life to helping those in the community who are our most vulnerable and in need of legal assistance, but unable financially to afford a lawyer. Jacobs’ career with VLSP

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Penny Brown is an attorney with Boutin Jones Inc. She can be contacted at pbrown@ boutinjones.com.

started in 1990 as a volunteer attorney, and then in 2001 she was hired as the Managing Attorney. Under Jacobs’ watch, VLSP helps clients with guardianships, small and full probate administrations, employment law issues, debt collection, and bankruptcy. Through a collaborative effort between Jacobs and attorney Jeff Galvin, trusts and estates litigator with Downey Brand, VLSP instituted a once monthly estate planning clinic assisting VLSP clients with the preparation of a will and powers of attorneys for finance and health. The clinic has been a great success, with attorneys from various practice areas volunteering their time and estate planning attorneys mentoring those who do not practice in the field of estate planning. It was truly the honor for the Sacramento County Bar Association Probate and Estate Planning Law Section to award Vicki Jacobs with the Jean C. McEvoy Public Service Award.

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www.sacbar.org || January/February | SACRAMENTO LAWYER || 1918~2018 CENTENNIAL www.sacbar.org January/February 2018 2018 LAWYER 1918~2018 www.sacbar.org | November/December 2018| SACRAMENTO | SACRAMENTO LAWYER | 1918~2018CENTENNIAL CENTENNIAL

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SCBA PROGRAM

Joann Horta-Baez

Advancing Diversity in Sacramento: A Diversity Fellow’s Experience by Joann Horta-Baez

is a student in her final year at Pacific McGeorge. She can be contacted at j_hortabaez@pacific.edu.

EDITOR’S NOTE: One goal of this article is to promote law firm participation in the SCBA’s Diversity Fellowship Program. Last summer, 14 law firms hosted student fellows. All involved in the program would like to see that number grow. Does this program matter? Yes, just read this article. For more information on the program, contact Mary Burroughs, mburroughs@sacbar.org.

uring my first two years of law school at Pacific McGeorge, I was an evening student working full-time during the day and taking classes Monday through Thursday at night. It was an exhausting, but resilience-building, experience. Half way through my second year, I decided to quit my job and focus on my studies. I went to speak with Leah Adams, a career advisor at McGeorge, about acquiring legal experience. She thought I would be a great candidate for the Sacramento County Bar Association’s Diversity Fellowship Program. After she explained the program and offered her assistance with the application process, I knew that this was an opportunity I could not let pass me by. Diversity in the law matters. As a Puerto Rican woman and future lawyer, enhancing the roles of Latina women in society and particularly the legal field is something that drives me. According to the report Fulfilling America’s Future: Latinas in The U.S., 2015, the White House Initiative on Educational Excellence for Hispanics found that though “women comprise onethird of all lawyers in the country, […] Latinas remain seriously underrepresented at 6.7 percent of female lawyers, far below their proportion of their population.” So, when I was selected

for the 2017 Diversity Fellowship Program, I knew that becoming a fellow could give me the opportunity to improve these statistics and gain skills to help me succeed as a lawyer and contribute to the Sacramento community. Though I was excited about the fellowship, I was also concerned. I had no legal experience except the clinics and fairs I had participated in as a law student. I was relieved to discover that the Diversity Fellowship Program is tailored for the fellows’ success. The program included weekly lunches where fellows participated in insightful workshops and panels in many areas related to the practice of law, such as: “Legal Writing Skills for the Associate in Private Practice,” “Business Etiquette and Working with Support Staff,” “How to Succeed as an Associate Attorney,” “Law Firm Economics and Billable Hours,” and “Expectations of Business Development.” We fellows met talented lawyers from some of the top firms in Sacramento. We also visited state and federal courts and had the opportunity to talk with Judge David De Alba, now Presiding Judge of the Sacramento Superior Court, Judge Troy L. Nunley of the U.S. District Court, Eastern District of California, and retired federal

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | November/December 2018 | www.sacbar.org

judge Raul Ramirez. These activities exposed me to various aspects of the legal field that are not presented in law school courses and helped me build my professional network for the future. Another factor that contributed to my success was Klinedinst, PC, my assigned law firm (other fellows raved about their firms too). The people at Klinedinst did a phenomenal job at making me feel welcome and supported. Before this fellowship, I had no intention of working at a private law firm. What little I knew about private firms made me think I would not fit in. This experience at Klinedinst completely changed my mind; it was the stuff of law student dreams. I remember my first assignment was a demurrer. My supervising attorney was the best teacher I could have asked for, Greg Fayard. He took the time to meet with me and to explain the assignment and how to draft the demurrer. He had an open-door policy and never made me feel inadequate. After surviving that assignment and seeing that I could do the work, I took on as much as the attorneys gave me. I had substantive assignments, attended hearings, worked one-on-one with the attorneys, and analyzed civil procedure, torts, and property in real life cases. I

drafted argument sections for motions to dismiss, deposition summaries, and interrogatories. I worked hard, stayed organized, and produced quality work. I was fortunate to be surrounded by hard-working and accomplished staff and attorneys at Klinedinst. My assigned assistant, Margie Fair, was invaluable. She was a wealth of information from years of working at law firms in the Sacramento area. I am especially grateful to have met Betsy Kimball. She is an intelligent and passionate attorney who became my unofficial mentor for the summer. There is one particular meeting that stands out in my mind. She took me to meet Justice George W. Nicholson of the Third District Court of Appeal. He was kind and supportive even though he had just met me that day. He even

suggested I extern at the court. At that point I did not think I had the pedigree or the abilities to extern for a judge, but that push led me to consider it. The following academic year (2017-2018), I applied for judicial externships through McGeorge’s judicial externship program and was selected for a Fall 2018 judicial externship with a federal judge at the Eastern District of California. Thanks to Justice Nicholson and Ms. Kimball, a great opportunity I had not considered, or thought possible, will become part of my law school career. At the end of my fellowship, I was invited to return to Klinedinst as a law clerk for the following summer of 2018. As you can imagine, I was elated and spent all year looking forward to returning.

The Sacramento County Bar Association’s Diversity Fellowship Program is an empowering tool to expose law students of diverse backgrounds to the private sector in an enriching and realistic manner. It is also an essential means to open private firms to what diverse students, and future attorneys, can contribute to the legal field. Diversity in the law matters not simply because we need a legal profession that is representative of our demographics, but because as lawyers we are paid to solve clients’ problems. If everyone looks the same and thinks the same, we are missing perspectives, and therefore solutions, that would greatly benefit clients. I am grateful to have been selected for the Diversity Fellowship Program. The program exceeded my expectations and changed my career path.

www.sacbar.org | November/December 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

SECTIONS & AFFILIATES

Judge Shama H. Mesiwala was appointed

by Judge Shama H. Mesiwala

he South Asian Bar Association (SABA) of Sacramento hosted its Eleventh Annual Diversity Law Student Reception in Judge Shama Mesiwalaâ&#x20AC;&#x2122;s Davis backyard on September 15. The reception has grown to over 240 attendees, providing law students the opportunity to mingle with judges and attorneys in an informal setting over Indian appetizers. SABA was honored by the attendance of Chief Judge Emeritus Morrison England from the U.S. District Court, Eastern District of California; Presiding Justice Vance Raye, Justice Ron Robie, Justice William Murray, Jr., and Justice Elena Duarte from the California Court of Appeal, Third Appellate District; Judge Steve Acquisto, Judge Bunmi Awoniyi, Judge Thadd Blizzard, Presiding Judge of the Juvenile Division Jerilyn Borack, Judge Mike Bowman, Judge Larry Brown, Judge and CEO Lloyd Connelly, Judge Kevin Culhane, Judge Steve Gevercer, Judge Russ Hom, Judge Chris Krueger, Judge Ken Mennemeier, Judge Alan Perkins, Judge Jennifer Rockwell, Judge Raoul Thorbourne, Judge Bob Twiss, and Judge Gerrit Wood and Commissioners Scott Harman and Kimberly Parker from the Sacramento County Superior Court; Judge Dave Rosenberg, Judge Sonia Cortes, and Judge Steve Basha from the Yolo County Superior Court; and Judge Dee Brown from the Office of Administrative Hearings. The reception was generously underwritten by Pacific McGeorge School of Law (whose Dean Michael Hunter Schwartz attended) and UC Davis School of Law (whose Senior Associate Dean Afra Afsharipour also attended).

Judge Shama Mesiwala, President Hiren Patel, Jaya Badiga, Aparna Agnihotri, Mira Patel, Kishwer Vikaas, and Rabia Reed

SABA President Hiren Patel, Commissioner Scott Harman, Judge Steve Acquisto, Justice Ron Robie, Judge Larry Brown, Presiding Judge of the Juvenile Division Jerilyn Borack, and Leonard M. Friedman Bar Association President Misha Igra

Charles Bennett, Abdulaziz Albegami, Ojeme Osemudiamen, Dale Clemons, and Ismah Ahmed

Judge Gerrit Wood, Judge Kevin Culhane, Judge Dave Rosenberg, Cruz Reynoso Bar Assoc. President George Acero (background), Regina Agopian, and Judge Alan Perkins

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | November/December 2018 | www.sacbar.org

Photos by Hiren Patel, President, SABA of Sacramento

SABA of Sacramento Hosts Its Eleventh Annual Diversity Law Student Reception

Commissioner and assigned to the dependency court in January 2017; Gov. Brown named her Superior Court Judge at the end of 2017.

SACRAMENTO COUNTY BAR ASSOCIATION

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Remit by mail/email/fax to Sacramento County Bar Association at 425 University Ave., Suite 120, Sacramento, CA 95825 Email: mfenchen@sacbar.org or sign up on line at www.sacbar.org. Phone 916.564.3780 Fax 916.564.3787 Page 1 of 2

SACRAMENTO COUNTY BAR ASSOCIATION

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PRACTICE AREAS | Select your Practice Areas (limit three) Administrative Law Alternative Dispute Resolution Animal Law Appellate Banking Bankruptcy Business/Corporate Civil Rights Construction Law Criminal Defense Education Elder Law Employee Benefits Employment & Labor Energy & Natural Resources Entertainment & Sports

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COMMITTEES | Check to (re)apply Participation on committees is a worthwhile contribution to the Sacramento legal community and to the public. Committees develop policy options for the Board and recommend actions for its consideration and approval. The work of SCBA committees is varied and reflects the diverse backgrounds and talents of our members. The primary role of committees is to examine and act upon assigned tasks. The Board relies on committees to inform its decisions, and in some cases, to carry out the mission of the organization. A brief description of each committee follows. Please indicate your interests. Committee appointments are made by the incoming President, although members may be added year around depending on individual committee needs.

Annual Meeting – Organizes the SCBA Annual Meeting. Bench Bar Reception – Organizes the Bench Bar Reception. Bylaws – Oversees the bylaws; makes recommendations to the

Pro Bono – Advises the Board about, and operates, the SCBA’s

SCBA Delegation – Organizes delegates and SCBA participation at

Website – Assists with the SCBA website and its content.

pro bono program.

Sacramento Lawyer Magazine Editorial – Sets policies that

Board when changes are suggested.

the Conference of California Bar Associations; drafts and reviews resolutions. MCLE – Oversees and advises the Board about MCLE credit. Diversity Hiring and Retention – Encourages the hiring and retention of minority legal professionals. Electronic/Social Media – Oversees and advises the Board about the SCBA’s electronic media. Fee Arbitration – Arbitrates fee disputes between attorneys and clients. Sports & Leisure – Annual Golf Tournament, facilitate Softball League, and may create other events. Judiciary – Evaluates the qualifications of candidates who seek appointment to judicial positions pertaining to Sacramento County. Lawyer Referral and Information Service – Governs policies concerning lawyer referrals made to the public. Membership – Oversees and advises the Board about member benefits and organizational marketing. Nominations – Nominates a slate of candidates for election as Board members and recommends SCBA awards recipients.

govern the Sacramento Lawyer.

TASK FORCES Mentorship Task Force – Oversees and advises the Board about the SCBA’s mentorship program. DIVISIONS Barristers’ Division – SCBA members who are attorneys under the age of 36 and have practiced law under 5 years. Solo/Small Practice Division – SCBA members who are attorneys in their own firm or small firm (four or less). Movers Division – SCBA members who enjoy running, hiking, biking, or other athletic challenges. The Division will connect Movers with current local events, may organize teams or rideshares for those events, and may plan certain events for SCBA members. Shakers Division – SCBA members who want to “do good” in the community in a non-legal fashion, such as serving food at a soup kitchen or assisting with food or clothing drives. The Division will connect Shakers with current local opportunities and may organize groups to work at specific events.

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SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

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SCBA Annual Meetin Honoring Distinguished MONDAY, DECEMBER 3, 2018

Attorney of the Justice Arthur Scotla

Installing SCBA C E N T E N N I A L Officers & Director

SCBA

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10:30 am MCLE 11:30 am Check-in 12:00 pm Lunch

MCLE PRIOR TO ANNUAL MEETING: Speaker: Kenneth Bacon of Mastagni Holstedt Free for SCBA Members 10:30-11:30am $100 for Non-Members 1 hour Ethics

December 15, 2

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SHERATON GRAND 1230 J Street Sacramento, CA 95814 Keynote Grand Nave Ballroom

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Steinberg

Xavier Becerra

Celebrate Our Centennial Reception, Luncheon, and Social with us on Ticket information: $45 SCBATuesday, members +April $25 Book = $70 •11am $65 Non-SCBA to 2pm members + $25 Book = $90 • 10, 2018

Tani Cantil-Sakauye

$20 Judges/Court Staff/Law Students + $25 Book = $45 • After November 16th, ticket prices increase by $10. RSVP to mfenchen@sacbar.org call (916) 564-3780 TicketHills information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for nonCA 95864 Sacramento, Lane, Arden Hills or 1220 Resort, Arden Send checks payable: SCBA, 425 University Ave., Suite 120, Sacramento, CA 95825 After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or on Sponsoring opportunities Martha Fenchen at mfenchen@sacbar.org or visit www.sacbar.org (916) 564-3780 Bar Association Countyemail call the Sacramento more information For Information

call (916) 564-3780. Send checks payable: SCBA, 1329 Howe Ave #100, Sacramento, C

Sacramento Lawyer Magazine November/December 2018

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