Sacramento Lawyer Magazine by Sacramento County Bar Association

September/October 2018

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

Richard K. Sueyoshi www.sacbar.org

Photo by Mark Long-Eleakis & Elder Photography

2018 SCBA Judge of the Year

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EDITOR’S MESSAGE Betsy S. Kimball, Editor

New... Courthouse, Rules

mid-June, Judge David De Alba sent out a press release announcing significant progress on the new courthouse project: Bond funding has been arranged, and the agreement with the contractor was soon to be signed. The contract has since been signed. Site work will begin soon, and “the actual courthouse construction [may] start in the fall of 2019, with occupancy of the building in early 2023.” This is welcome news. It is, as Judge De Alba said, the result of “herculean efforts by a series of judges, Mayor Darrell Steinberg, other local elected officials, executive staff working toward this goal over the last decade.” In July of 2001 – 17 years ago – the Bar’s governing board started the process of evaluating and revising the existing California Rules of Professional Conduct. On November 1st, the new Rules take effect. The SCBA has planned a three-hour program on the new Rules for October 24th. Judge and Professional Responsibility Professor Kevin Culhane and a panel of ethics lawyers will teach the new Rules. Think you don’t need it? Take the quiz on page 27 and then decide. We join the bench in congratulating Judge Jerilyn Borack for the recent statewide recognition she received for her work in the juvenile court (p. 24). In

these past months, we have all watched – most of us, in horror – as our government has separated children from parents. Many of us have raised children; but few, I suspect, have considered what the power of our government to bind or tear-apart families can mean. Is there a more important assignment than in juvenile or dependency court? I for one am glad that we have such capable judges in these departments. The staff of the SCBA has done a truly awesome job on the celebration of the SCBA centennial. They planned and executed two memorable (and great) centennial events, and they are in the home stretch of publishing a centennial book – all while carrying on the “usual” business of the SCBA. They have done themselves and us (bar and bench alike) proud this year. In baseball parlance: a big tip of the cap to Mary Burroughs, Milenko Vlaisavljevic, Martha Fenchen, Abner Collazo, Cecilia Rainey, and Deb Roberts. Apologies for the late delivery of the July-August issue; we had it finished for the June 25th centennial party, but it was mailed with the SCBA 2018 Directory which slowed delivery. Our regular AI feature is on vacation for this issue. And congratulations to Judge Richard K. Sueyoshi, the SCBA Judge of the Year.

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | September/October 2018 | www.sacbar.org

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 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

SEPTEMBER/OCTOBER 2018 VOLUME 118, NUMBER 5

COVER STORY 18 SCBA 2018 Judge of the Year Richard K. Sueyoshi SCBA NEWS 12 Sacramento County Bar Foundation Thanks Its Past and Present Board Members 13 Sacramento County Bar Foundation Centennial Fellowship Program: A Sneak Peek NEWS FROM THE BENCH 24 Judge Jerilyn Borack Receives Statewide Honor

EVENTS 8

Operation Protect & Defend Annual Law Day Dinner

16 Birthday Party Photos 28 The Schwartz/Levi Inn of Court Celebrates Its 25th Anniversary

35 Summer Vacations DIVISION, SECTION, AND AFFILIATE NEWS

10 Barristers’ 26th Annual Summer Reception a Huge Success 14 SacLegal Event: The Case of Celebratory Baked Goods, and a post-Kennedy SCOTUS 22 CCTLA Spring Reception Sets Record ETHICS 27 The New Rules Are Coming! Are You Ready?

DEPARTMENTS 4 Editor’s Message 6

President’s Message

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.

2018 SCBA Judge of the Year Richard K. Sueyoshi

www.sacbar.org | September/October 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

PRESIDENT’S MESSAGE

Sil Reggiardo President, Sacramento County Bar Association

Peaking Children’s Curiosity about the Legal Profession by Sil Reggiardo, President

children, my brothers and I knew a very old Irish immigrant who had operated a steam shovel during construction of the Panama Canal. He caught malaria and typhoid fever. He later lost a thumb and part of a finger when his partner unexpectedly started the steam shovel. He bandaged his hand and went right back to work to remove any doubt about whether he could work the levers necessary for his physically demanding job. So, as a child I knew about steam shovels and paid attention in elementary school when we read Mike Mulligan and His Steam Shovel (1939). I even paid attention when we read about how kindergartener Ramona, in Ramona the Pest (1968), asked her teacher, “If Mike Mulligan digs all day, when did he stop to use the bathroom?” Children are curious. They are also impressionable and need positive role models. Last year’s SCBA President Sabrina Thomas conceived of SCBA Kids Law Day and chairs the program this year. Kids Law Day is a program that actually involves many days. It is designed to introduce elementary school children to the legal profession. The program focuses on elementary school children in grades 4 through 6, with the goal of introducing young learners to our profession.

I want to ensure that our members know about this great program. Last year, students from six local elementary schools heard lawyers, paralegals, and legal secretaries discuss their legal careers. This winter, we attended several local schools. We will attend more this fall. As mentioned on our website, legal professional volunteers for Kids Law Day spend approximately one hour with the students and have the following objectives:

KIDS LAW DAY SACRAMENTO COUNTY BAR ASSOCIATION PROGRAM

1. Engage children in fun learning about careers as an attorney, legal secretary, or paralegal; 2. Showcase legal professionals as role models; and 3. Reinforce learning and innovation, communication, and collaboration skills. I participated in a Kids Law Day this winter and will again in the fall. I am not alone in finding this to be

a rewarding experience. I have heard reports of no bathroom break questions, but have heard reports of some good questions: “Do you know famous people?” “Do you like being a lawyer?” “Is it hard to become a lawyer?” “Have you ever put anyone in jail?” “How many years of school do I have to complete?” What college did you attend?” “How long have you wanted to be a lawyer?” “Do you have to be a lawyer before you can be a judge?” “What’s it like to work in a law firm?” “Why do you like working for lawyers?” This is not simply about answering questions. Two of our volunteers have created a very engaging and successful mock criminal trial (about a stolen apple) they work into the presentation. I predict it will become popular among our volunteers. My brothers and I had to pry information from the old steam shovel operator – our great-grandfather. We asked about his dangerous and difficult job, and then listened intently. It is what children do when they ask questions. We can help children by sharing our career experiences with them. Stay tuned for more information about Kids Law Day dates and times.

The SCBA notes with regret the passing of retired Eastern District Magistrate Judge Peter A. Nowinski.

(1943-2018) 6

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | September/October 2018 | www.sacbar.org

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EVENTS

Kate Wittlake is an attorney at Boutin Jones Inc. She can be contacted at KWittlake@ boutinjones.com.

Operation Protect & Defend Annual Law Day Dinner by Kate M. Wittlake

Mayor Darrell Steinberg gives the keynote address

Neha Sharma accepts an award from Judge Allison Claire

he Annual OPD Law Day Dinner celebrated 29 talented students from Sacramento area high schools, whose essays and art projects were selected for awards for OPD’s essay and art contests. This year’s theme was “Civil Liberties v. National Security.” Earlier in the year, these students participated in a curriculum prepared

OPD Board members Adriana Cervantes, Karli Eisenberg, and Chi Soo Kim

by OPD volunteers, which examined Executive Order 9066 – an order that incarcerated thousands of Japanese Americans during World War II – in conjunction with the Trump administration’s travel bans. The curriculum ended with a class visit by a judge and an attorney, who spoke with the students about the issues raised in the

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1918~2018 CENTENNIAL | SACRAMENTO LAWYER | September/October 2018 | www.sacbar.org

curriculum. Students were then invited to submit their essays and art work reflecting their response to the serious issues raised by these questions. The student winners submitted truly impressive work, highlighting America’s current struggles with these important questions while demonstrating an understanding of their historical significance. The local bench and bar proudly participated in the Law Day Dinner, with the Honorable Allison Claire serving as the emcee and the Honorable Frank Damrell, Jr. (Ret.) offering concluding remarks and his congratulations to the students. Sacramento Mayor Darrell Steinberg gave the keynote address, mentioning his optimism that these students will challenge stereotypes and create open, accepting communities. OPD is proud to support these impressive, dedicated students and looks forward to another excellent year in 2019.

BREAKING the SILENCE SCBA Event Center • 425 University Ave., Suite 120 • Sacramento, CA 95825

October 12, 2018 All-Day Seminar

Program and Speakers: Judge Stacey Boulware Eurie The Pathways of Child Harassment as Seen Through the Eyes of Commercially Sexually Exploited Children of the Sacramento Region Judge Garen Horst & Judge Laurie Earl Gender Bias and the Rules of Professional Personal Responsibility

8 HOUR MCLE

John Finley - California Coalition Against Sexual Assault Ben Rose - Carden Rose Investigating Sexual Harassment through Social Media, from Allegation to Resolution with a focus on Digital Evidence

GENERAL ETHICS ELIMINATION OF BIAS

PRICING:

Ruth Patrick - Women of Silicon Valley The Abuse of Power at Home and in the Workplace: inside the world of powerful, wealthy abusers

SCBA MEMBERS: $150.00 Early Bird $175.00 Regular

Deborah Barron - Barron Law Gay Carroll-Haring - Law Offices of Gay Carroll-Haring

NON-SCBA MEMBERS: $225.00 Early Bird $250.00 Regular Early bird cut-off date September 12, 2018

Vinder Lallian - My Sister’s house For registration contact Cecilia Rainey at cecilia.rainey@sacbar.org or call (916) 564-3780 and for sponsoring opportunities contact Danielle Laughter at dlaughter@sacbar.org or call (916) 564-3780

Breakfast: Fluffy Buttermilk Pancakes, Scrambled Eggs, Applewood Smoked Bacon & Sausage, Fresh Fruit, Syrup and Butter Lunch: Almond Smoked Side of Salmon Filet with Mango Chutney, Eggplant Parmesan, Herb Crusted Potatoes, Seasonal Vegetables, Mixed Greens with Bleu Cheese, Almonds, Craisins, and Honey Dijon Dressing & Dinner Rolls

YOUR NAME: __________________________________________________________________________________________________________________ COMPANY NAME: _____________________________________________________________________________________________________________ ADDRESS: ____________________________________________________________________________________________________________________ CITY: _________________________________________________________________________ STATE: ______________________ ZIP: _______________ EMAIL: ______________________________________________________________________________________________ AMOUNT: $______________ CREDIT CARD NUMBER: __ __ __ __ – __ __ __ __ – __ __ __ __ – __ __ __ __ EXPIRATION DATE: ___ ___ – ___ ___

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SIGNATURE: _________________________________________________________________________________ SCBA MCLE - October 12, 2018 *No refund will be available after September 28, 2018 This activity pending for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 8.0 unit of MCLE in the Elimination of Bias, General, and Ethics 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.

www.sacbar.org | September/October 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

DIVISION, SECTION, AND AFFILIATE NEWS

Barristers’ 26th Annual Summer Associates Reception a Huge Success by Connor Olson

Connor Olson is the 2018 Barristers’ Media Chair and practices litigation in the Sacramento region. He can be contacted at connor@ cannonolson.com.

he Barristers’ Club was once again pleased to host its 26th Annual Summer Associates Reception. This year, the Barristers’ Club held the event at the Mix Downtown, which offered both indoor and outdoor options for attendees. Based on turnout and enthusiasm, attendees were pleased with the new location! Upon arrival, attendees were greeted with passed hors d’oeuvres, a bountiful array of finger foods, which included SCBA and Barristers’ Club branded cookies, as well as complimentary drinks. The event space fit the more than 200 attendees and provided for a well airconditioned bar and lounge area with a shaded outdoor patio and bar. Although certainly warm, many attendees appreciated the opportunity to take their cold drinks out to the patio and enjoy one of Sacramento’s many warm summer nights. During the event, which lasted longer than the planned two hours, judges, practitioners, summer associates, and law students all enjoyed socializing and sharing stories and insights about

Barristers’ Club Board Members (back row) Nicholaus Johnson, Kurt Hendrickson, Connor Olson, Michael Podshadley, Brandon Jack, (front row) Lauren Sorokolit, Monica Hans Folsom, Katie Nystrom, Jenni Harmon, Carye Colangelo, Lauren Calnero, and Jeffrey Schaff

the practice of law. With such a great and diverse turnout, the event truly honored the Diversity Fellowship Program and its participants as they were provided with the unique opportunity to engage with members of the bar and

Judge David De Alba, Sara Taylor, Judge Michael Bowman, Judge Allen Sumner, Stuart and Jennifer Woo

judiciary in a social setting. The program, which is a coordinated effort among the Sacramento County Bar Association, local law firms, Pacific McGeorge and UC Davis Schools of Law, promotes and increases diver-

SCBA 2018 Diversity Hiring Program Fellow Cameron Van with Aaron Bonner, Spencer Hudson, and Carissa Bower

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | September/October 2018 | www.sacbar.org

sponsors which make programs and events like this year’s possible. Watch for upcoming Barristers’ MCLE and Barristers’ social events. For more information about the Barristers’ Club of Sacramento, please join our list serve by e-mailing the SCBA and follow us on Facebook. We look forward to seeing you at our future events!

SCBA Executive Director Mary Burroughs surrounded by SCBA 2018 Diversity Hiring Program Fellows Jade Gasek, LaShanee King, Adriana Garcia Barba, Devinn Larsen, Cameron Van, Carly Moran, Heather Domingo, and Tom Hao

sity in area law firms by providing local minority and disadvantaged students an opportunity to work at these firms between their first and second years of

law school. The Barristers’ Club is thankful for the continued support of local judges, institutions, firms, and all of this year’s

Jeff Edwards and Mitch De Anda

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21 11

SCBA NEWS

Sacramento County Bar Foundation Thanks Its Past and Present Board Members by Heather Cline Hoganson and Stephen Duvernay

he Sacramento County Bar Association Foundation has an all-volunteer Board of Directors, who are lawyers or other law-related professionals in the Sacramento area. They volunteer their time to solicit financial support for the Foundation and its activities, organize fundraising events, review and approve grant or scholarship applications, monitor use of grant funds awarded to prior recipients, and educate the Sacramento community about the Foundation’s work.

Steve Duverney is Foundation Vice President and an attorney with Benbrook Law Group; he can be contacted at steve@benbrookkawgroup.com. Heather Hoganson is Foundation Secretary and Of Counsel, Simas & Associates; she can be contacted at heather.hoganson@att.net.

The Foundation thanks all of its previous Board members D. Thomas Woodruff, Stephen C. Birdlebough, Janice L. Thurston, Dennis J. Fisher, Judith A. Harper, Richard H. Hoffelt, Frank A. Iwama, Samuel Jackson, Forrest A. Plant, Richard D. Waugh, Curtis Namba, Joseph Russell, Jonathan Coupal, Diane Wasznicky, Mark Gorton, Deborah DeBow, Nancy Lee, Philip Meering, Robert Willett, Gary Scott Decker, Windie O. Scott, Thomas (“Tac”) Craven, Joanna Mendoza, Coral Henning, R. Todd Vlaanderen, Michael Levy, Michael Terhorst, Melinda Williams, June Coleman, Jill Telfer, Rich Miadich, Norman Levedahl, Bashar Ahmad, Tony Bell, Pam Jones, Ulises Pizano-Diaz, Lacey Keys, David Graulich, Kim Lewellen, Kathi Finnerty, Judge Shama Mesiwala, Roberta “Bobbi” Larson, Sim Kaur, Hanspeter Walter, and Dena Bez. The 2018 Foundation Officers and Board Ed Brooks (President), Steve Duvernay (Vice President), Jeff Edwards (Chief Financial Officer), Heather Cline Hoganson (Secretary), and Board Members: Monica Baumann, Tashayla Billington, Shanae Buffington, Trevor Carson, Bryan Hawkins, Jason Jasmine, Sean McCoy, and Justin Ward. If you are interested in joining the Board for 2019, please contact Sean McCoy, Chair of the Foundation’s Nominating Committee, or Executive Director Mary Burroughs.

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | September/October 2018 | www.sacbar.org

SCBA NEWS

Bryan Hawkins is a member of the Foundation Board and a partner in the Sacramento office of Stoel Rives LLP. He can be contacted at bryan.hawkins@stoel.com.

Sacramento County Bar Foundation Centennial Fellowship Program: A Sneak Peek by Bryan Hawkins

Judge Brian R. Van Camp Superior Court of CA, County of Sacramento (Ret.)

une 24, 2018 marked the 100year anniversary of the Sacramento County Bar Association. To commemorate this remarkable achievement, the Sacramento County Bar Foundation (which is the SCBA’s charitable giving arm) is recognizing a select group of Sacramento attorneys. While none of these attorneys has been practicing for 100 years (yet!), their personal and professional accomplishments, commitment, and contributions to the Sacramento area and to the legal profession are no less noteworthy as they have repeatedly shown themselves to be preeminent leaders and pillars of the Sacramento legal community. To celebrate their selection, the attorneys will be invited to an exclusive reception, listed prominently on the Sacramento County Bar Foundation’s website, highlighted in a large social media campaign and featured in the Bar Association’s centennial book. While the names will not be revealed yet (this is a “sneak peek”) they will be revealed at the annual SCBA Bench-Bar Reception in September. So please stay tuned and get your kudos and accolades ready!

•

Business & Commercial

•

Real Estate

• •

Partnership & Shareholder Disputes

• •

Member, AAA Panels on: Commercial & Complex Civil

Employment & Labor

(916) 515-8442 or VanCampADR.com www.sacbar.org | September/October 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

DIVISION, SECTION, AND AFFILIATE NEWS

SCBA and SacLegal Event: The Case of Celebratory Baked Goods, and a Who knows the vagaries of litigation post-Kennedy SCOTUS better than a trial lawyer?

n California State Bar Trial Lawyer Hall of Fame, 2001 n Fellow, American College ofLexi Trial Purich Lawyers, Howard since 1986and n Northern California Super Lawyers since R. inception Emmanuel Salazar are the n Best Lawyers in America since 2018inception, SacLegal recently: Co-Chairs. They

can be contacted at lhoward@ caladvocates.com and Emmanuel. Salazar@doj.ca.gov.

u Lawyer of the year, Real Estate Litigation,

Sacramento, 2014

u Lawyer of the Year, Commercial Litigation,

by Lexi Purich Howard and Emmanuel R. Salazar

Sacramento 2010

u Bet the Company Litigation, 2012, 2013, 2014 u Commercial Litigation, 2012, 2013, 2014

compelling speech, and whether there was a principled, u Litigation-Banking and Finance, 2012, 2013, 2014 legitimate basis for the 2012, distinctions made by the Colorado Estate, 2013, 2014 u Litigation-Real Civil Rights Commission. Professor Levine concluded the presentation with discussion about Justice Anthony Kennedy’s impact on the United States Supreme Court and the possible effects of his departure. Panelists then responded to questions from the audience, and there was further scholarly debate among the panelists and audience members. Lexi Purich Howard and Emmanuel Salazar, SacLegal’s 2018 Co-Chairs, introduced and concluded the program, and thanked the panel, attendJoe@GenshleaLaw.com ees, and SCBA Executive Director Mary Burroughs and her O/ (916) 525-8444 C/ (916) 825-9952 (916) 525-8446 team for their F/ enthusiastic attendance and support. Rainbow cupcakes were served. 400 Capitol Mall / Suite 1750 / Sacramento, CA 95814 Thewww.genshlealaw.com case is Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Lawrence Levine, Judge Allison Claire, Alan E. Brownstein, Comm’n, 138 S. Ct. 1719 (2018). Sacramento County Public Law Library and SCBA Executive Director Mary Burroughs Further reading: Vikram David Amar and Alan E. SCBA 2015 Brownstein, Attitudinal and Doctrinal Takeaways from the story about Charles’ and David’s wedding and the celMasterpiece Cakeshop Case, Verdict (June 15, 2018); and Half Page Ad: cake they sought from Jack in 2012 was the ebratory Lawrence C. Levine, Justice Kennedy’s “Gay Agenda”: Romer, Joe Genshlea Lawcontinuing and Mediation basis of a two-hour legal education program preLawrence, and the Struggle for Marriage Equality, 44 McSeptember/October 2013 issue sented by SacLegal, Sacramento County’s LGBTQ bar associGeorge L. Rev. 1, 25 (2013). ation. The July 24th event was held at the Sacramento CounMAGAZINE ty Bar Association learning center with nearly 70 attendees, 1/8 page Ad including local lawyers, law students, active and retired judges and justices, faith leaders, and others. The panel featured Judge Allison Claire, U.S. District Approval is needed to run your ad, Court, Eastern District of California; Professor Emeritus Alan please check appropriate box below. E. Brownstein, UC Davis School of Law; and Professor LawProof OK as is rence Levine, Pacific McGeorge School of Law. Judge Claire Need a case or law review article? provided the facts of the case, the issue for which certioriari Correction Want to see needed if your case is still “good law?” was granted, the issue actually addressed by the Court, the Email the Reference Desk at reference@saclaw.org or call varying opinions of the justices on the case, and the standard See a second proof 916-874-6012 with a complete citation, and a librarian will of review. email you the document within 24 hours. OK 5with corrections Limit documents per day, per attorney. Professor Brownstein focused on the First Amendment Please fax back to (916) 564-3787 aspects, including whether compelled speech applies to bak609 9th Street • Sacramento, CA 95814 | 916-874-6011 | www.saclaw.org email back to Mary Burroughs ing or a cake, the contentious issue of evaluating how to protect www.facebook/saclawlib www.twitter/saclawlibrarian mburroughs@sacbar.org certain classes and the state’s interest in doing so to justify

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THANK YOU SPONSORS ROCK ‘N’ ROLL SPONSORS

PEACE SPONSORS Hanson Bridgett LLP Hutchison Insurance & Benefit Services Murphy Austin Adams Schoenfeld LLP SCBA Real Property Law Section University of the Pacific, McGeorge School of Law

FUN SPONSORS Asian/Pacific Bar Association of Sacramento Carden Rose Eisner Amper First Legal Jay-Allen Eisen Esq. Kronick Moskovitz Tiedemann & Girard Judge Darrel Lewis (Ret.) Mediator Litigation Services Mastagni Holstead, APC One Legal River City Bank Sacramento Valley Paralegals Association Telfer Law US Legal Support

www.sacbar.org | September/October 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

COVER STORY

Ruthe Catolico Ashley is a former ABAS President. She can be contacted at ruthe. ashleyesq@gmail.com.

SCBA 2018 JUDGE OF THE YEAR

Richard K. Sueyoshi by Ruthe Catolico Ashley Unsolicited glowing reports are rare, but there have been many regarding Judge Richard Sueyoshi’s handling of cases. Each credits his knowledge of the law as well as his running of the courtroom,” states Sacramento litigation attorney Jack Vetter. Vetter goes on to say that Judge Sueyoshi’s courtroom “has a serious but friendly ambience that puts the entire room at ease. The parties recognize the uncertainties of the courts but feel that justice is being done throughout the process.” High praise for a judge who came to the bench nine years ago at the young age of 38. A colleague on the bench, Judge Raoul Thorbourne, also recognizes that “Judge Sueyoshi has distinguished himself as one of the most hard-working and knowledgeable judges on the [Sacramento] bench, whether he is presiding over civil or criminal matters.” From the appellate bench, Justice Ronald Robie describes Judge Sueyoshi as “an excellent jurist with a fine temperament.”

“He is one of the best judges I have ever had. Clear, thoughtful and concise rulings and knows the Evidence Code better than anyone.” 18

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | September/October 2018 | www.sacbar.org

Shirley Hom, Serena Sueyoshi, Judge Sueyoshi, Judge Michael Virga (Ret.), and Debbie Virga (2002)

EARLY LIFE AND EDUCATION Rick Sueyoshi was born in San Francisco of Japanese parents. His mother, born in Japan, knew little English resulting in Sueyoshi becoming conversational in Japanese. His father, born in Hawaii, was a mechanic at San Francisco Airport. Sueyoshi was raised in a traditional Asian family in the 70’s in which high grades at school were of the utmost importance. As Sueyoshi puts it, “as far as my parents were concerned, my brother and I had ‘multiple’ career choices – that is, we could become a doctor or an engineer.” Being the family’s “rebel,” Sueyoshi’s interest in the law began on his high school’s mock trial team. After graduating from UC Berkeley, Sueyoshi attended law school at the University of Utah. Sueyoshi says that, during law school, “for the first time, I experienced the interworking of a court from the bench point of view while externing for the Utah Supreme Court and the U.S. Bankruptcy Court.” Although at that time, he had no intention of someday becoming a judge, these experiences would serve him well through his career. DIVERSITY CHAMPION AND LEADERSHIP Upon graduation from law school, Sueyoshi joined the largest firm in the Sacramento region, Downey Brand LLP. The firm proved to be a good home for the young attorney as he was mentored by many, including Steve Meyer, Bill Warne, and Judge Judy Hersher while she was also with the firm. He learned his craft well and became a skilled business and commercial litigator, becoming a partner and spending all of his years as an attorney at one firm. Former managing partner, Steve Meyer, found Sueyoshi to be “a skilled and thoughtful attorney – someone who found, and would find, great success as an attorney. But he also had a strong interest in community and the lives of people. That he became a judge was no surprise, and the Bar and our community is fortunate

that we have someone with his talent on the bench.” As hiring partner, Sueyoshi also became a champion for diversity at the firm, working towards hiring a highly-qualified, inclusive, and diversified workforce to enhance the firm’s service to its clients and the Sacramento region. Attorney Jeri Paik notes that Sueyoshi “devoted countless hours in serving on the SCBA Diversity Hiring and Retention Committee, as he mentored students with their career paths and personal issues.” As Judge Hersher observes, “Judge Sueyoshi has been a staunch supporter of every minority bar and numerous individual efforts to advance the fair and equitable administration of the law and justice for all.” He truly was and continues to be a role model and inspiration to all young lawyers. Although he was a busy attorney, Sueyoshi found very few occasions to say “no” when asked to assist community and bar organizations. To name a few, he began as a board member of the Sacramento Barristers’ Club. Later, he chaired the Sacramento County Bar Association’s Nominating Committee and served for years on the Judiciary Committee. He has been a member of the Anthony M. Kennedy Inn of Court and served on the boards of the Sacramento Asian/Pacific Chamber of Commerce and its scholarship foundation. He served as President of the Asian Pacific Bar Association of Sacramento and as a Regional Governor and Vice President of Membership for the National Asian Pacific American Bar Association (NAPABA). Given his service to the community and accomplishments as an attorney, NAPABA nationally recognized Sueyoshi as a “Best Lawyer under 40.” SERVICE ON THE BENCH While very happy at his law firm, Sueyoshi eventually sought appointment to the bench with the encouragement of then Presiding Justice Art Scotland, Judge Russell Hom, and

Ruthe Ashley, Judge Sueyoshi, and Serena Sueyoshi (2002)

www.sacbar.org | September/October 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

COVER STORY

Chief Justice Cantil-Sakauye and Judge Sueyoshi

others. On September 1, 2009, Sueyoshi was appointed by Governor Schwarzenegger to the Sacramento Superior Court. When he first joined the bench, the biggest challenge was getting up to speed on criminal law. As Sueyoshi puts it, “when you join the bench as a business and commercial litigator, you need to learn criminal law and learn it quickly.” His first annual assignment was presiding over a high-volume misdemeanor calendar court which would commonly hear over 100 cases each morning session. Since those early days, Sueyoshi has obtained considerable experience in criminal law, in handling criminal trials and serving two years in the felony “home courts.” He has presided over serious criminal trials including murder, serial sexual assault, and child sexual assault. As a long-time friend and colleague on the bench, Judge Hom says he has “had the honor of knowing Judge Sueyoshi most of his legal career and early on recognized that he was destined for success. Judge Sueyoshi’s transformation from a civil litigator to a judicial officer was seamless. Notwithstanding his lack of criminal experience, he mastered the challenges of the criminal courts very quickly. As a judicial officer, he possesses a unique understanding of jurisprudence. When confronted with a new area of law or a challenging factual or legal issue, he has the capacity to understand and process complex problems and then rule consistent with the law yet tempered by an overarching sense of fairness.“ Judge Sueyoshi has equally enjoyed applying his civil litigation experience to the bench. Having tried a civil case

in his court, attorney James Kirby notes, “His handling of this difficult matter was masterful – he was prepared for the legal and factual issues; his rulings were thoughtful, yet decisive; he presided with a firm but even hand; and all counsel walked away with a deep appreciation of both his ability and equanimity.” Having also tried a case before Judge Sueyoshi, attorney John O’Brien says, “He is one of the best judges I have ever had. Clear, thoughtful and concise rulings and knows the evidence code better than anyone.” As former opposing counsel and Inn of Court partner, Kathi Finnerty observes, “Judge Sueyoshi is a consummate pro. I litigated against him while he was in private practice, have had cases before him, and have been on teams with him in the Anthony M. Kennedy Inn of Court. Rick has a great sense of humor and does not let his ego influence his rulings. I appreciate Rick’s poise, hard work and dedication to getting his decisions right.” As a judge, Sueyoshi’s volunteer work continues as he is currently President of the California Asian Pacific American Judges Association and has been appointed by Chief Justice Tani Cantil-Sakauye to committees supporting the Judicial Council of California. Sueyoshi enjoys life off the bench with his friends and family. He and his wife, Serena, have one daughter, age 13. He is that rare person who has the calm and consistent demeanor that every litigant wants and attorneys value. Sueyoshi brings a sense of fairness and integrity that is authentically him. He continues to give back to his profession and his community. He is loved, respected, and admired by all who know him. Congratulations to Judge Sueyoshi to his selection as the SCBA’s 2018 Judge of the Year.

Judge Sueyoshi (far right) at this year’s Barristers’ summer associates reception with Kelly Stern, Ben Tagert, Matthew Roman, and Paul Tracy

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | September/October 2018 | www.sacbar.org

*SOME RESTRICTIONS MAY APPLY.

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

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DIVISION, SECTION, AND AFFILIATE NEWS Debbie Frayne Keller is the Executive

CCTLA Spring Reception Sets Record

Director of CCTLA. She can be contacted at debbie@cctla.com.

by Debbie Frayne Keller

Joseph Potch, Ana Maria Photography

CCTLA held its 16th Annual Spring Reception and Silent Auction on June 14th, benefitting Sacramento Food Bank and Family Services. Over 200 people attended the event, and an event record $113,989 was raised. In 2017, CCTLA raised $84,374. Spring Reception Committee members were Margaret Doyle, Art Scotland, Lawrance Bohm, Kelsey DePaoli, David Foos, Justin Gingery, Lori Gingery, Shelley Jenni, Debbie Keller, Marti Taylor, Jill Telfer, and Parker White. Thank you to all who sponsored, donated, and attended the event which made it a huge success!

Art Scotland and Margaret Doyle

Darrel Lewis, Parker White, Insurance Commissioner Dave Jones, and CCTLA Director Dan Wilcoxen

Elisa Zitano, Susan Schoenig, Ashley Amerio, and David Smith

CCTLA Treasurer Justin Ward accepts the Mort Friedman Humanitarian of the Year Award from CCTLA President Lawrance Bohm

Judges Michael Bowman, Ben Davidian, Morrison England, Judy Holzer Hersher, and David Brown with Laura Moreno

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | September/October 2018 | www.sacbar.org

www.sacbar.org | September/October 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

NEWS FROM THE BENCH

Judge Jerilyn Borack Receives Statewide Honor

June 2018, the Juvenile Court Judges of California (JCJC) bestowed its Wilmont Sweeney Juvenile Court Judge of the Year Award on Sacramento Superior Court Judge Jerilyn Borack. The JCJC presents its award annually to a California Juvenile Court Judge who exemplifies innovative dedication to California’s youth. Judge Borack was recognized not only for her long-standing presence in Sacramento’s family and juvenile dependency courts, but also her statewide leadership in training judges on domestic violence Judge Margaret Henry (Los Angeles County), Judge Chris Marshall (San Bernardino County), Judge Jerilyn Borack, and Chief Justice Tani Cantil-Sakauye and dependency court issues.

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1918~2018 CENTENNIAL | SACRAMENTO LAWYER | September/October 2018 | www.sacbar.org

Advancing Careers and Expanding Capabilities for Over Three Decades

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October

Lunch and Learn Judges Series

Judges Series

DATE: Friday

PRICING INFORMATION

October 5, 2018

$35

TIME:

Registration and Buffet Lunch Starts at 11:40 a.m.

TOPIC: “The View From The Bench” This program will provide direction and advice from two accomplished and experienced Judges on the unwritten rules and best practices for courtroom conduct, communication with other counsel and the impact of your overall approach to the law practice and your community reputation. In other words, “what they didn’t teach you in law school.” The program provides a unique opportunity for newly practicing lawyers to learn the insights on several of the unwritten rules and practice approaches critical to success in the legal profession.

SPEAKERS:

Honorable Emily E. Vasquez Judge Emily E. Vasquez was appointed to the Superior Court of California for the County of Sacramento in 2001. Judge Vasquez is the first Latina judge of the Sacramento Superior Court. She is presently assigned to a general trial department presiding over civil and criminal jury trials. She has decided hundreds of cases involving a wide range of constitutional, statutory, and other legal questions in civil and criminal law.

Honorable Troy Nunley Judge Troy L. Nunley was nominated to the United States District Court, Eastern District of California by President Barack Obama on June 25, 2012, and received his commission on March 26, 2013. Prior to being appointed to the federal bench, Judge Nunley served on the Sacramento County Superior Court for many years. As a federal judge, Judge Nunley has adjudicated summary judgment orders, ERISA issues, bankruptcy appeals, injunctions, habeas petitions, civil and criminal jury trials, and a wide variety of motions and orders.

SCBA Members

$55

Non-SCBA Members

Presentation:

12:00 p.m. – 1:00 p.m.

PLACE: SCBA Event Center

425 University Ave, Suite 120 Sacramento, CA 95825 Reservations must be received by 5:00 pm October 3, 2018

$20

0-5 Years New Attorneys, Court Staff and Students

MCLE

1.0 Hour MCLE**

Reservations must be received by 5pm October 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.

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: SCBA Monthly Seminar, 425 University Ave, Suite 120 • Sacramento, CA 95825 or pay online at www.sacbar.org-Event Calendar. If you have any questions please contact Cecilia Rainey at cecilia.rainey@sacbar.org or 916-564-3780

Buffet Lunch

Sage Roasted chicken, Marinara Penne, Roasted Carrots & Broccoli, Roasted Red Potatoes, Mixed Farmers Greens with Feta, Cherry Tomatoes, Garlic Croutons and Raspberry Dressing, Dinner Rolls.Dessert and an Assortment of Unlimited Beverages. YOUR NAME: __________________________________________________________________________________________________________________ COMPANY NAME: _____________________________________________________________________________________________________________ ADDRESS: ____________________________________________________________________________________________________________________ CITY: _________________________________________________________________________ STATE: ______________________ ZIP: _______________ EMAIL: ______________________________________________________________________________________________ AMOUNT: $______________ CREDIT CARD NUMBER: __ __ __ __ – __ __ __ __ – __ __ __ __ – __ __ __ __ EXPIRATION DATE: ___ ___ – ___ ___

MASTER CARD

VISA

CHECK NUMBER: _________________________

CVR CODE NUMBER: ___ ___ ___

SIGNATURE: ___________________________________________________________________________________________________________________

SCBA Judges Series Luncheon - October 5, 2018 *No refund will be available within 7 days of event. **This activity pending for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 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.

Sacramento County Bar Association • 425 University Ave, Suite 120, Sacramento, CA 95825 Phone: 916-564-3780 • www.sacbar.org www.sacbar.org | September/October 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

SCBA MCLE Breakfast

TOPIC:

New Rules of Professional Conduct

DATE: Wednesday,

October 24, 2018 TIME:

Registration Starts at 8:15 a.m. (Buffet Breakfast Starts)

SPEAKERS:

Presentation:

8:30 a.m. - 11:30 a.m.

PLACE: SCBA EVENT CENTER Judge Kevin Culhane

Larry Doyle

Sean McCoy

425 University Ave, Suite 120 Sacramento, CA 95825 Reservations must be received by 5:00 pm October 19, 2018

MODERATOR:

PRICING INFORMATION $60 SCBA Members $75 Non-SCBA Members

MCLE

3.0 Hour MCLE**

Legal Ethics

You may pay by credit card or check payable to: “Sacramento County Bar Association”. Mail payment to: Sacramento County Bar Association, Attn: SCBA MCLE Breakfast, 425 University Ave., Suite 120, Sacramento, CA 95825 or pay online at www.sacbar.org-Event Calendar. If you have any questions please contact Cecilia Rainey at cecilia.rainey@sacbar.org or 916-564-3780.

Betsy Kimball

Breakfast Menu:

Scrambled Eggs with Green Onions and cheddar cheese, diced breakfast potatoes, biscuits and gravy & jam, applewood smoke bacon, fruit salad, coffee, tea, & juices

YOUR NAME:___________________________________________________________________________________________________________________ COMPANY NAME: ______________________________________________________________________________________________________________ ADDRESS: _____________________________________________________________________________________________________________________ CITY: __________________________________________________________________________ STATE: ______________________ ZIP: _______________ EMAIL: _______________________________________________________________________________________________ AMOUNT: $______________ CREDIT CARD NUMBER: __ __ __ __ – __ __ __ __ – __ __ __ __ – __ __ __ __ CHECK NUMBER: __________________________ EXPIRATION DATE: ___ ___ – ___ ___

MASTER CARD

VISA

CVR CODE NUMBER: ___ ___ ___

SIGNATURE: ____________________________________________________________________________________________________________________ SCBA Breakfast Seminar - October 24, 2017 *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 3 unit of MCLE in the Legal Ethics 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.

Sacramento County Bar Association 425 University Ave, Suite 120 • 1918~2018 CENTENNIAL | SACRAMENTO LAWYER |•September/October 2018 | www.sacbar.org

Sacramento, CA 95825 • 916-564-3780

ETHICS

The New Rules Are Coming! Are You Ready? On May 10, 2018, the California Supreme Court (finally) approved new California Rules of Professional Conduct. The new rules take effect November 1, 2018. Take this quiz to see if you are ready. The answers are on page 34. If you miss any of these questions, the SCBA has a three-hour seminar for you.

QUIZ: 1.

Under the new Rules, a supervisory or managerial lawyer can be responsible of the Rules violation of subordinate lawyers and legal staff under certain circumstances.

TRUE

FALSE

The new Rules provide that a lawyer may be disciplined for unlawful discrimination or harassment generally in the course of representing a client.

TRUE

FALSE

Under the new Rules, a lawyer in a civil matter must communicate all settlement offers to his/ her client.

TRUE

FALSE

As long as a client consents to the payment of a referral fee before it is actually paid to the referring lawyer, there is no violation of the new fee division rule.

TRUE

FALSE

Under the new Rules, lawyers sharing a fee must have a written agreement between or among themselves.

TRUE

FALSE

Under the new Rules, when a lawyer represents a client with diminished capacity, the lawyer may act protectively and seek help for the client from others who may be able to help.

TRUE

FALSE

The new Rules make no changes in the requirements for lawyer safekeeping funds and property of others.

TRUE

FALSE

The new Rules address the conundrum about whether a fee collected for services not yet rendered must be deposited in the lawyer’s trust account or cannot be deposited there.

TRUE

FALSE

The new rule about communication with jurors is the same as the current rule – the term “jurors” includes discharged and excused jurors.

TRUE

FALSE

10. Under the new Rules, a lawyer may be disciplined for knowingly making a false statement or making a material omission to a third party.

TRUE

FALSE

11. The current rules do not address a lawyer’s duty as to receipt of inadvertently transmitted (privileged) writings; the new Rules do,

TRUE

FALSE

RESOURCES Unlike the current California Rules (effective May 27, 1989, and subsequently amended), the new Rules will follow the organizational structure and format of the ABA Model Rules of Professional Conduct. Caveat: The Rules are not always identical or even similar to the ABA Model Rules. The new California Rules in some instances differ markedly from the Model Rules, having carried forward the substance of the current Rules.

{

Link to complete new Rules of Professional Conduct (PDF): http://www.calbar.ca.gov/Portals/0/documents/rules/New-Rules-of-ProfessionalConduct-2018.pdf Link to cross-reference tables: http://www.calbar.ca.gov/Portals/0/documents/rules/Cross-Reference-Chart-Rules-ofProfessional-Conduct.pdf Link to PDFs of individual rules, executive summaries, and redline versions: http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-ProfessionalConduct/New-Rules-of-Professional-Conduct Link to the Supreme Court order approving the new Rules (PDF): http://cms.ipressroom.com.s3.amazonaws.com/262/files/20184/s240991-adminorder-2018-05-09_201805102019.pdf

www.sacbar.org | September/October 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

EVENTS

Olivia Filbrandt is an associate attorney at Thomas Law Group and Secretary of the Schwartz/ Levi Inn of Court. She can be contacted at filbrandt@ thomaslaw.com.

Justice Vance Raye introduces the keynote speaker

The Schwartz/Levi Inn of Court Celebrates 25th Anniversary by Olivia Filbrandt

Emily Vasquez, was a touching tribute to the valuable work of the group. UC Davis School of Law Professor Emeritus Alan Brownstein reflected on the sincere and lasting work of the Dean Rex Perschbacher and Justice Cruz Reynoso before each was awarded a lifetime achievement award. (The Inn regrets the passing of Dean Perschbacher on June 30th.)

Countless photos and videos were on display throughout the evening, inspiring many reflections on the meaningful programs and cheerful memories members formed over their years of work together. Andy Stroud and Paul Hemesath specifically presented â&#x20AC;&#x153;Momentous Moments of the Schwartz/Levi Inn of Court,â&#x20AC;? highlighting the best performances and

Schwartz/Levi Inn of Court President, Judge Emily Vasquez, master of ceremonies

a warm Spring evening in June, members and honored guests of the Milton L. Schwartz/ David F. Levi Inn of Court gathered to celebrate 25 years of excellence in leadership, scholarship, and jurisprudence. Esteemed dignitaries of the legal community, past and present members of the Inn, and student participants were welcomed together to catch up with colleagues and enjoy an evening program at the Citizen Hotel in Sacramento. The formal program, flawlessly directed by current Inn President, Judge

Past Presidents of the Schwartz/Levi Inn of Court Judge David F. Levi (Ret.), Rev. Rodney Davis, Judge David Abbott, Judge Greg Hollows, Justice Vance Raye, and Justice Kathleen Butz with current President Judge Emily Vasquez and President-elect Judge Daniel Maguire

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | September/October 2018 | www.sacbar.org

event, the supervisors had not yet voted to approve funds for this program, which they eventually did.) Steinberg was plaintive in his desire to combat the issue, even though it could be perceived as an issue that would not necessarily be a “city” issue. At one point, Ruyak asked the audience to quickly tweet Steinberg’s reply on the issue of homelessness. He said, “I’ll be darned if I allow this thing to grow without aggressive action.” Schwartz/Levi Inn of Court founding When thekeynote conversation turned President and speaker Judgeto David F. Levis (Ret.) Sacramento’ bid for a second Amazon site, Ruyak questioned the prioritizacostumes had been created in the tion of thethat tech industry over others namealso of legal education. and asked about the downside Keynote founding such as rising speaker rents andand the resulting president of the Inn, Judge exodus of long-term residents.David RuyakF. Levi,Steinberg gave an had insightful presentation and moments of levity on “The Past, Present and Future the with regard to euphemisms for of genSchwartz/Levi Inn of Steinberg Court,” tracing trification, but finally, called the history and values of the American it for what it is. He acknowledged the Inns of Court and have their caused, responsibiliproblem rising rents with ty to take aresidents leadership role uprooted in closing long-time being the justice gap. The Schwartz/Levi Inn from neighborhoods, as well as changes has since developed a program to bethat overcome neighborhoods as trendy gin this Fallestablish to provide bono legal store-fronts theirpro presence in services to indigent clients by working the city. withWhen the local barabout association and legal asked the priority for service organizations. the arts, Steinberg gave it the same priLevi’s about rousingvarcall orityFollowing as sports Judge and talked to action, the evening to a close ious improvements andcame commitment with warm thank yous to the planning to the arts under his leadership. He committee and event sponsors of was quick to promote the Farm-to-all levels,movement especiallyinthe support Fork theceaseless region too and of the UC Davis School of Law, commented on the growth of that withsegout whom ment in thethis city.event or the work of the Schwartz/Levi Innabout of Court not When asked the would city’s ratbe possible. ings, Steinberg addressed the issue of under-funded pensions per CalPers’ analysis of how much the city needs to maintain in reserve for pensions. It was evident that Steinberg does not fully agree with the math in terms of how much this would consume the city’s operational budget and whether it is even possible to get into positive ratings based on the burden that the city is expected to carry. The evening was an issue-laden, in-depth look at Steinberg’s leadership, his policies and areas of passion, as well

Justice George Nicholson Retires Continued from page 12 the following comment, and decided to thought-out and sincerely held – even if leave it in for one reason – there are prob- they differed a lot from my own. This – ably hundreds of people in this commu- what I have just described – is something nity who could say the same thing. And of such great value to our community of it is high praise. There are many things diverse people (and to preserving it as about which Justice Nicholson and I a community): the ability to discuss relikely disagree – in law, politics, etc. But I spectfully differences of opinion, belief, know that he and I (or anyone else in my perspective, and the like. stead) could discuss those things, and it On behalf of many, I express hope would be a dialogue, not a debate. The that the conclusion of this chapter of Judge Jerilyn Borack, Pacific McGeorge Dean Michael Schwartz, Professor Alan dialogue would be civil, probably colle- Justice Nicholson’s life will be the start Brownstein, UC Davis School of Law Associate Dean Craig Compton, Judge James gial. Each us would listen to the other. of a new and productive time of scholarMize, and of Judge Steven Gevercer I would respect that his views were well ship and service for him.

Aimee Feinberg and Matthew D. Segal

15 29

fe e)

H Fin G w ere g et i ! e R Sc ll h T rpr e(w a a h i i ith n v s nt e a Ev ed pr Ve a oc Li en es n sin d t g o ve r

FUNDRAISER/FINGERPRINTING TUESDAY, OCTOBER 30, 2018 - 3:00 PM to 7:30 PM SCBA Event Center - 425 University Ave., Suite 120 K IN T DR KE IC INK TDR TICKET

2 Drink Tickets Included - Beer, Wine & Margaritas!

The Foundation is the 501(c)(3) charitable arm of the Sacramento County Bar Association. The Foundation’s mission is to support programs that improve the administration of justice, enhance public confidence in the legal profession, and cultivate an understanding of and respect for the rule of law. The Foundation promotes access to justice by providing law student scholarships and grants to Sacramento community organizations including the SCBA Kids Law Day.

Tres Hermanas Taco Truck

Chicken, Fish, Steak or Vegetarian Tacos on Corn or Flour Tortilla, Sides of Spanish Rice, Refried Beans, Cheddar Cheese, Sour Cream and Salsa.

PRICING INFORMATION: $35 SCBA Members $45 Non-SCBA Members

FINGERPRINTING (OPTIONAL): $65 SCBA Members* $75 Non-SCBA Members* After October 22nd, 2018 price will increase by $10 *You must register for SCBF Fundraiser to be Fingerprinted.

YOUR NAME: ____________________________________________________________

REGISTARTION FEE: SCBA MEMBER $35* NON-SCBA MEMBER $45* COMPANY NAME: ______________________________________________________________________________________________________________ FINGERPRINTING (OPTIONAL): ADDRESS: _____________________________________________________________________________________________________________________ SCBA MEMBER $65* NON-SCBA MEMBER $75* CITY: ______________________________________STATE: ______ ZIP: _______________ *After October 22nd, 2018 price will increase by $10 EMAIL: ________________________________________________________________________ TOTAL:__________________________________________________ CREDIT CARD NUMBER: __ __ __ __ – __ __ __ __ – __ __ __ __ – __ __ __ __ CHECK NUMBER: _________________________________ EXPIRATION DATE: ___ ___ – ___ ___

MASTER CARD

VISA

CVR CODE NUMBER: ___ ___ ___

Sacramento County Bar Foundation - 501(c)(3) - 425 University Ave. #120 Sacramento, CA. 95825

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | September/October 2018 | www.sacbar.org Phone: (916) 564-3743 Fax: (916) 564-3787 Email: cecilia.rainey@sacbar.org

ALL ATTORNEYS MUST BE SCANNED!

The Sacramento County Bar Foundation Has You Covered.* *You must register for SCBF Fundraiser to be Fingerprinted.

TUESDAY, OCTOBER 30, 2018 At our October 30th “Taco Tuesday” Fundraiser, come have a drink, some tacos from Tres Hermanas Taco Truck, and get Live Scanned, all in one convenient place – the Sacramento County Bar Office at 425 University!

Bring your Driver’s License, State Bar Pre-Populated Live Scan Form, and cash or credit card.

$65

embers M A B C For S he Covers t t + n Cos Live Sca ! FBI Fees DOJ and

• Attorneys must present valid photo identification to the Live Scan technician. Expired identification will not be accepted. • Your Driver’s License is preferred and will speed up the process! • Bring your pre-populated Live Scan form obtained from your ‘My State Bar Profile’at members.calbar.ca.gov

Under California Rule of Court Rule 9.9.5, active attorneys licensed in California and multijurisdictional practitioners must be re-fingerprinted following the instructions and schedule below. The deadline before the penalty period begins is April 30, 2019. Once fingerprints have been submitted, the Live Scan technician will sign the bottom of the Live Scan form and provide a 10-digit ATI number assigned to your fingerprint impressions, all of which the DOJ and FBI will receive. Attorneys must retain the ATI number as proof of submitting fingerprints to the Live Scan vendor. Attorneys must submit their ATI number into the ATI link. This shall serve as proof of submission of fingerprints to a Live Scan vendor by April 30, 2019, before the penalty period begins. The Live Scan technician will submit your fingerprints electronically to the DOJ and FBI. It takes about 3 to 14 business days for the State Bar to receive confirmation of an attorney’s fingerprint submission. The State Bar cannot predict delays in this process.

Sacramento County Bar Foundation - 501(c)(3) - 425 University Ave. #120 Sacramento, CA. 95825 www.sacbar.org | September/October | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL Phone: (916) 564-3743 Fax: (916) 564-3787 Email:2018 cecilia.rainey@sacbar.org

THE SACRAMENTO UNITY BAR ASSOCIATION PRESENTS

the

2018

Unity Bar Dinner THURSDAY, NOVEMBER AT 6-8PM

2018

A CONVERSATION WITH

PAUL GREWAL Vice President and Deputy General Counsel, Litigation at Facebook Inc., and former United States Magistrate Judge for the Northern District of California MC:

THE

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

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QUESTION EVERYTHING #1

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AD PROOF Approval is needed to run your ad, please check appropriate box below.

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For more information, contact Christine Blackstun 855.465.0199 | christine.blackstun@pearlinsurance.com

See a second proof OK with corrections

Please fax back to (916) 564-3787 or email back to mburroughs@sacbar.org

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www.sacbar.org | September/October 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

EVENTS

Summer Vacations

ge Ad: ent Mortgage ad b 2018 issue

AD PROOF

SCBA Executive Director Mary Burroughs and Bobbi Stewart in Oia Santorini, Greece

SCBA 2nd Vice President Shanae Buffington with friends at class reunion in Atlanta, Georgia

Associate Editor Ellen Arabian-Lee and family in Yosemite

ANSWERS TO QUIZ (references are to the new Rules)

Prothe ancyour

ing

ng.

True – 5.1, 5.2, 5.3

True – 8.4.1

False – 1.4.1

False – 1.5.1

True – 1.5.1

False – Proposed rule 1.14 was not adopted by the Supreme Court

False – 1.15

True – 1.15

True – 3.5

10. True – 4.1

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11. True – 4.4

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1918~2018please CENTENNIAL | SACRAMENTO check appropriate boxLAWYER below. | September/October 2018 | www.sacbar.org

Since 1963

Marty Anderson Vice President

Lawrence H. Cassidy President

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

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

1329 Howe Ave., #100120 • Sacramento, 425 University Ave., Suite • Sacramento,CA CA95825 95825

SCBA Annual Meetin

The Sacramento County Bar Association CentennialDistinguished Bench-Bar Reception Honoring Attorney of the Honoring Judge Richard K. Sueyoshi as JudgeArthur of the Year Justice Scotla Appetizers • Drinks • Jazz Combo

Installing SCBA Thursday, September 27, 2018 Reception 6 pm to 9 pm • Program starts at pm Officers &7 Director Sacramento Convention Center Recognizing 100% Firms 1400 J Street, Sacramento, CA 95814

Individual Ticket Registration Form REACHING Individual Tickets: _____ $50 SCBA Members _____ $20 Court Staff/Law Students

_____ $85* Non SCBA Members

DATE Monday December 15, 2

THE CENTURY

(After September 10, 2018 all individual ticket prices increase by $10.) You can pay by credit card or make checks payable to Sacramento County SACRA MCLE Prior to Annual Meeting M BAR A ENTO CO OUNT S Y Bar Association. Please mail, fax or email this form to: Sacramento County Bar TURN SOCIATIO ON S 100 FREE for SCBA Members Association, 425 University Ave., Suite 120, Sacramento, CA 95825 $100 for Non-MembersYES! I want to Phone (916) 564-3780 • Fax (916) 564-3787 • Email: mfenchen@sacbar.org

MARK

TIME 11:30 Check 12:00 Lunc

PLACE Sheraton Gra Speaker: Kenneth Bacon FIRST NAME: __________________________________________________ LAST NAME: _________________________________________________________ 1230 J Stree of Mastagni Holstedt 1 Hour Ethics - Topic: “AttorneyPre-order Fees, the Special

The SCBA Centennial Book will be released on September Practically27, and2018 Ethically” SCBA 2018 Centennial Book $50

10:30-11:30am

ADDRESS: _____________________________________________________________________ PHONE: _____________________________________________

Requires Knowledge Beyond Our Years

CITY: ______________________________________________________ STATE: _______________________________ ZIP: ______________________________

Keynote Speaker: Keynote Speaker: Associate Justice Anthony M. Kennedy, AMOUNT: $________________________________ Supreme CourtChief of VISA: the _______ United StatesNUMBER: EXPIRATION DATE: ___ ___ – ___ ___ MASTER CARD: _______ CVV CODE of ___ ___ ___ Justice California EMAIL: ______________________________________________________________________________ CHECK AMOUNT: $____________________________ CREDIT CARD NUMBER: ___ ___ ___ ___ – ___ ___ ___ ___ – ___ ___ ___ ___ – ___ ___ ___ ___

Celebrate Our Centennial Reception, Luncheon, and Social with us on If you are purchasing multiple tickets, please provide your guest’s 10, name 2018 below: 11am to 2pm April Tuesday,

Tani Cantil-Sakauye

SIGNATURE: ________________________________________________________________________________________________________________________

GUEST NAME: _________________________________________________ GUEST NAME: _______________________________________________________

TicketHills information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for nonCA 95864 Sacramento, Arden Hills Lane, Resort, 1220 Arden

GUEST NAME: _________________________________________________ _______________________________________________________ After November 23rd, GUEST ticketNAME: prices increase by $5 RSVP to rsvp@sacbar.org

www.sacbar.org visit#100, or Ave 564-3780 (916)1329 Association Barpayable: County Sacramento call the For more information call (916) 564-3780. Send checks SCBA, Howe Sacramento, C *Includes 2018 SCBA Membership for the rest of the 2018 calendar year, email mfenchen@sacbar.org to request an application for SCBA Membership.