Sacramento Lawyer - November/December 2019 by Sacramento County Bar Association

November/December 2019

Evening with the Mayors

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2019 SCBA

Attorney of the Year

Andrew W. Stroud

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DIRECTOR’S MESSAGE

Elizabeth Bacon, SCBA Executive Director

WELCOME TO FALL!

ne of my favorite quotes about fall is, “the trees are about to show us how lovely it is to let things go.” It reminds me that just because we have to say goodbye to something, it is also a necessary step towards growth and transformation into something new. This is the last issue with Sean McCoy as our President – and a sad one for me. Sean has been a tremendous leader during the transition of the Executive Director role. It is never easy to lead change and he has done so with dedication and humor. Throughout the many changes this year, Sean has been confident that the SCBA will evolve into something better than before. As the new Executive Director, it was incredibly comforting to have someone like Sean keeping us positively focused on the most important thing: service to our members. Whatever these changes will bring, the SCBA will continue to focus on providing the best service to our membership and adapting as an organization to ensure that we are a value-add to your practice. Thank you, Sean for your leadership and your continued service to this association – we look forward to celebrating you and our Attorney of the Year, Andrew Stroud, at next month’s Annual Meeting! In the spirit of fall and change, over the course of the next couple issues we will be bringing in new content and feature articles that will seek to highlight all the amazing things that

our members do on their “on” and “off” hours. Specifically, I’d like to call out the new section, “After Hours,” which will highlight photos from social events around Sacramento County. Help us feature YOU to the Sacramento legal community by sending in your best photos from recent events! Another change for next year is the frequency of Sacramento Lawyer. We are reducing the run to four times a year. This will allow us to switch to a more journal-style publication featuring commentary and research about local trends in Sacramento County, highlight members and resources for the community, and promote the changemakers in the legal field. This new format is slated to start January 2020, which will be a special double issue featuring the 2020 Legal Directory. Last but not least, SCBA is getting a new look in January 2020! The SCBA staff has been hard at work to identify a new online membership platform that will be user friendly and have features like section news feeds, online chats, and easier event registration. Finally, I’d like to thank Ellen Arabian-Lee for her continued dedication to Sacramento Lawyer! It is never easy to carve out extra time in the day and she has yet again contributed countless hours to making sure the articles you read are of quality and relevance. This association runs on volunteer hours and we could not do these events or provide resources to you or the community without your support!

SACRAMENTO LAWYER | November/December 2019 | www.sacbar.org

EDITOR-IN-CHIEF Ellen Arabian-Lee Editor@sacbar.org STAFF EDITOR Maureen Onyeagbako MAGAZINE COMMITTEE Samson R. Elsbernd, David Graulich, Heather Cline Hoganson, Yoshinori H.T. Himel PRODUCTION DESIGN Milenko Vlaisavljevic ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS Danielle Laughter (916) 564-3780 - dlaughter@sacbar.org

SCBA OFFICERS Sean McCoy - President Shanae Buffington - 1st Vice President Trevor Carson - 2nd Vice President Bryan Hawkins - Secretary/Treasurer SCBA EXECUTIVE DIRECTOR Elizabeth Bacon - elizabeth.bacon@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 2019 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 2019 VOLUME 119, NUMBER 6

COVER STORY 16 2019 Distinguished Attorney of the Year Andrew W. Stroud FEATURE ARTICLES 8 NTBA Holds its Debut Mentorship Summit in Brooklyn 24 The State of Equal Pay: An Overview of Today’s Laws and Tomorrow’s Trends

EVENTS 10 Evening with the Mayors 12 SCBA Bench-Bar Reception Honors Judge Emily Vasquez VLSP 20 Expressions of Gratitude PROGRAMS

22 Diversity Fellowship Program Prepares Tomorrow’s Law Firm Leaders SECTIONS, AFFILIATES AND DIVISIONS 26 “Hold These Truths”– Last-Century Events, Relevant Today 28 Barristers’ Club Update

DEPARTMENTS 4 Director’s Message 6 President’s Message

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 elizabeth.bacon@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.

COVER 2019 SCBA ATTORNEY OF THE YEAR

ANDREW W. STROUD www.sacbar.org | November/December 2019 | SACRAMENTO LAWYER

PRESIDENT’S MESSAGE Sean M. McCoy

ell, that went fast. It seems as though it was just the other day I was late turning in my first column, and now here I am late turning in my last. In my first column, I welcomed you to the start of the SCBA’s second century and remarked how the SCBA, even with a professional staff, is built on the volunteer service of its members. A few weeks after writing that column, I was sworn in as President at the 2018 Annual Meeting, where I remarked that 2019 would be exciting year for the Association. As the saying goes, be careful what you wish for. As I took office, we had plans for all of the usual events, of course. As I write this, we just concluded our Bench Bar Reception where we honored Judge Emily Vasquez as the 2019 Judge of the Year. In 2017, we held our first Evening with the Mayor event. We held it again over the summer, but this time it featured both Sacramento Mayor Darrell Steinberg and West Sacramento Mayor Christopher Cabaldon. Our Diversity Fellowship Program had another amazing year. Our Kids Law Day was another success. Our continuing programs, the Lawyer Referral Service, Fee Arbitration Program, and the Indigent Defense Panel, all saw improvement over the year. Every president comes in with goals they hope to accomplish. And

when you become president, you know that many projects, no matter how trivial they may appear, can take several terms to complete, and at best, the hope is that you can advance it just a little. And then, of course, life happens. Shortly after I took office, our former executive director, Mary Burroughs, announced she was retiring. The SCBA board spent much of the first few months of the year focused on recruiting a successor. Our search led us to Elizabeth Bacon, who joined us as our new executive director in June. Elizabeth hit the ground running, and the SCBA is fortunate to have found her. At the start of the year, the SCBA began working with Sacramento County to review and update our memorandum of understanding governing our Indigent Defense Panel (IDP). The county had come under pressure from the court because of a severe shortage of attorneys handling indigent criminal cases. As a result, the court was experiencing a backlog and in-custody defendants were experiencing delays in resolving their cases. The SCBA acted quickly to expand the number of panel attorneys. Unfortunately, in October, the county elected to terminate the 2006 MOU, and end its partnership of several decades with the SCBA. Accordingly, our Indigent Defense Program

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President, Sacramento County Bar Association

will be closing shortly after the end of the year. Going forward, the county will manage its own indigent defense panel directly through the Conflict Criminal Defender. The SCBA is proud of its role serving indigent defendants,. While we are disappointed to see our partnership end, we will continue to support indigent defense and the administration of justice, even if our role is more indirect. In January, I mentioned some of the opportunities for volunteers. The SCBA’s events and programs depend on volunteers. To be sure, the SCBA office staff deserves much credit and appreciation for all of our successful events and programs. But, like all bar associations, the SCBA is only as vibrant and useful to the members and the community as the volunteers make it. Those members who elect to serve on committees, with sections and divisions leadership, are invaluable to the success of the SCBA. As I prepare to pass the gavel to my successor, Shanae Buffington, I find myself ending my term as I began it, urging you, the members, to step up, contribute your time, and help make the SCBA better.

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21 7

FEATURE ARTICLE

L. Dean Swizer

NTBA HOLDS ITS DEBUT MENTORSHIP SUMMIT IN BROOKLYN

serves on the Board of Directors of SacLegal, as Student Representative for McGeorge School of Law. He can be contacted at ldeanswizer@gmail.com

by L. Dean Swizer

The

iconic images of New York began to span across my tiny airplane window. Ellis Island, Liberty Island (home to our Lady Liberty), the latent hustle of the Manhattan skyline, and the GW Bridge, among all the other bridges, rolled slowly past and my excitement grew. The only trip I had ever taken to New York was not a trip at all. My mother and I were forced to leave JFK airport during an 8-hour layover on our way to Africa due to a bomb threat. A couple of months before this journey, I met A.J. Wipfler at the Judicial Diversity reception hosted jointly by SacLegal and the South Asian Bar Association. A.J. approached a group of us to network like any good attorney and was excited about a brand new bar association; the National Transgender Bar Association (NTBA). My first response was “the national which bar association?” A.J. informed me that the NTBA was having their first annual mentorship summit at CUNY Law School in Brooklyn, New York at the end of May. I was intrigued and I had so many questions! Why? Who? When? How? It bears mentioning that the reception was in April, leaving less than a month for planning a potential trip to attend. A.J., of course, understood and had no expectations of my attending, but after some very generous support from SacLegal, a few attorneys involved with SacLegal, and my very understanding wife, I was able to book the trip and register for the event – I was going! After a long couple of flights, one

very long layover, and a minor Lyft debacle, I arrived at my hotel just as the first day’s events were starting. One of the organizers had arranged a great icebreaker - a game called two truths and a lie. The object of this game is to proclaim two things about you that are true and one thing that is a lie and the group then has to vote on what they believe to be the lie. For whatever reasons, lawyers and law students appeared to be particularly good at this game. After the game, I asked one of the organizers a few questions. I wanted to know if there was some kind of bad blood with the National LGBT Bar Association that spurred this break from the mold to create the NTBA. The overwhelming response was “no!” The NTBA was described as an offshoot of the main association, similar to a lesbian or gay only group focusing on women’s rights or LGBT people of color, with a goal of forming a more focused group. Those I spoke with just wanted a space to be heard by others going through the same struggles. Programs the next day included The Vanguard Panel. Great transgender trendsetters spoke on the panel, such as Kylar Broadus, a motivational speaker and professor; Cecilia Chung of the Transgender Law Center in San Francisco; Dylan Orr, former Deputy Director of Environmental and Health Services to the Obama administration; Dru Levasseur of the National LGBT Bar Association; and Jillian Weiss, one of the first openly transgender attorneys of her generation. Each shared their decades of experiences as advocates and

SACRAMENTO LAWYER | November/December 2019 | www.sacbar.org

opened up candidly about their personal struggles for transgender rights. After drying our eyes from the intense Vanguard panel experience, we headed into another room where we broke into small groups and discussed our own difficulties in navigating as trans people or trans allies. The discussions spanned from workplace difficulties and potential solutions to positive networking within the LGBTQ+ community. This was a great community building exercise that yielded an experience I will long cherish. The next two panels included professionals discussing their experiences as attorneys and as transgender individuals. The panelists discussed their own journeys, their fields of practice, and tips and best practices to create a trans-friendly workplace as well as establishing one’s self as a trans advocate. As a finale to the weekend, the NTBA arranged for various sightseeing activities to be enjoyed by the participants and attendees alike, fostering even more of the environment that most trans people don’t get to experience in their daily life. I finished my stay with brunch at a local Brooklyn café with some of the attendees and organizers of the event. Upon my departure, I indicated a desire to see the next summit take place on the west coast… we’ll see what happens! For more information about the NTBA, to become a mentor, or to join, please visit www.transbar.org. For more information about SacLegal, Sacramento’s LGBTQ+ Bar Association, please visit www.saclegal.org.

www.sacbar.org | November/December 2019 | SACRAMENTO LAWYER

EVENTS

Andi Liebenbaum is

EVENING WITH THE MAYORS

an attorney for the Judicial Council of California. She can be reached at andi.liebenbaum@jud.ca.gov.

by Andi Liebenbaum

Tim Rainey, Mayor Darrell Steinberg, Mayor Christopher Cabaldon

The

Sacramento County Bar Association boasts a number of citywide and regionally significant members of the Bar and the Bench among its ranks, making the SCBA a leader among voluntary bar associations in California. Our ever-expanding relationship with experts and leaders outside the legal field is also worth commending, especially in a region as robust in growth, investment and civic pride as Sacramento. The mid-August presentation featuring both Sacramento Mayor Darrell Steinberg and West Sacramento Mayor Chris Cabaldon was a significant opportunity to hear about

transportation, social and economic development, land use issues, waterfront development, and efforts to find and fund solutions to homelessness, in a setting as intimate and approachable as a fireside chat. Ably directed by Tim Rainey, Executive Director of the California Workforce Development Board, the eveningâ&#x20AC;&#x2122;s presentation covered topics as vital and diverse as housing, inclusivity, city governance, sports, and the environment. Having these two nationally recognized mayors on a local stage permitted Steinberg and Cabaldon to talk about their individual styles of leadership, their respective hopes and goals for their

SACRAMENTO LAWYER | November/December 2019 | www.sacbar.org

constituents, and their relationship as mayors that work together to serve the capitol region. Mayor Cabaldon discussed revitalizing the Capitol Cityâ&#x20AC;&#x2122;s across-the-river neighbor. He said now he is able to look with pride at the expansion and development opportunities, including a significant housing boom, regional transportation, and a waterfront plan, that provide people with a vibrant community, including Raley Field and The Barn, as well as shopping and easy commute opportunities. He talked about doing more, and about encouraging greater local political engagement. Mayor Steinberg agreed that there

is value in having an active and engaged electorate. He said his confidence in the people of Sacramento and optimism about the promise of the region continue to pay off, as Sacramento endeavors to address a serious crisis in public and environmental health due to the increase in homeless individuals and families along the river and in neighborhoods. He appreciates how divisive and complicated the issues surrounding homelessness are, and he reiterated that the most critical step in addressing the number of homeless people is to provide them with safe, sheltered living spaces. According to the Mayor, everything, from recovery to reunification with family, and inroads into the employment and stability, flow from there. Rainey’s humor, quiet charm and open-ended questions allowed the mayors many opportunities to talk about their personal styles, and their comfort in reaching across the river to work together. With a strong response from the audience, both Cabaldon and Steinberg

Sean McCoy, Elizabeth Bacon, Mayor Darrell Steinberg, Mayor Christopher Cabaldon, Shanae Buffington, Trevor Carson

talked about making progress but also knowing when it’s time for new leadership and next steps. Mayor Cabaldon recently accepted a position as the first Hazel Cramer Endowed Chair in the Department of Public Policy and Administration at Cal State University Sacramento, where he joins the faculty as a full-time tenured professor this term.

Mayor Steinberg repeated that he will not seek a third term as Sacramento’s executive. “I have other things to do, and I look forward to having the time to make sure they get done,” he said. But he doesn’t plan on disappearing. “I’ll still be around, continuing to work on bringing great opportunities to the region I love.”

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EVENTS

Shanae Buffington is the 1st Vice President of the SCBA, and the 2019 Co-Chair of the Bench-Bar Committee. She can be reached at Shanae.Buffington@edd.ca.gov Cindy Liu is Member-At-Large and Past President of ABAS. She can be reached at cindycliu@gmail.com.

SCBA BENCH-BAR RECEPTION HONORS JUDGE EMILY VASQUEZ by Shanae Buffington and Cindy Liu

Hon. Morrison England, Elizabeth Bacon, Hon. Emily E. Vasquez, Sean McCoy, Hon. David De Alba, Hon. Vance Raye

September 19, 2019, the Sacramento County Bar Association (SCBA) held its annual Bench-Bar Reception at the Sheraton Grand Hotel to honor SCBA’s Judge of the Year, Sacramento Superior Court Judge Emily Vasquez. U.S. District Court Judge Morrison C. England, Jr., Presiding Justice Vance Raye of the Court of Appeal, Third Appellate District, and Sacramento County Superior Court Presiding Judge David De Alba presented state of the court reports.

SCBA President Sean McCoy recognized newly appointed Sacramento County Superior Court Judges Dan Calabretta, Joginder Dhillon, Kristina Lindquist, Peter Southworth, and Third District Court of Appeal Justice Peter Krause. President McCoy also recognized Sacramento Superior Court Judge Robert Twiss, who retired this past year. Luis Céspedes, SCBA’s 2018 Distinguished Attorney of the Year and founding member of Unity Bar, introduced Judge Vasquez. Mr. Céspedes

SACRAMENTO LAWYER | November/December 2019 | www.sacbar.org

highlighted Judge Vasquez’s legal and judicial career which spans over forty years. Before working in the public and private sector, Judge Vasquez worked as an attorney with California Rural Legal Assistance, Inc., where she advocated to improve the working and living conditions of farm workers. In 2001, Judge Vasquez became the first Latina appointed to the Sacramento County Superior Court. President McCoy presented the Judge of the Year award to Judge Vasquez who thanked President McCoy

for his leadership of the SCBA. Thereafter, she recognized the Legal Services of Northern California, and the SCBA for the role both organizations play in providing access to justice through pro bono programs and legal advocacy. Judge Vasquez reminisced about growing up in agricultural farm labor camps in the San Joaquin Valley, and how she felt her options were limited because children of migrant farmworkers and the working poor were not expected to graduate from high school or attend college. Judge Vasquez recalled that when she was in law school there were no Latina judges on any state or federal court in California, and that she never imagined one day she would be a judge. Judge Vasquez, quoting Marian Wright Edelman, founder of the Chil-

dren’s Defense Fund, said “it’s hard to be what you cannot see.” Yet, Judge Vasquez had to hope, dream and believe in what she could not see because she was the first in her family to attend college and law school. Although not formally educated, Judge Vasquez’s parents instilled in her the importance of hard work, perseverance, honesty and integrity―values which guided her life, and prepared her for the enormous responsibility, of dispensing justice. She remarked that there is a need to recognize and nurture the great potential in poor communities. Judge Vasquez acknowledged the ongoing efforts of her colleagues on the bench to provide access to justice in socially and economically disadvantaged communities. In closing, Judge Vasquez reminded ev-

eryone that “laws are not mere empty promises,” and she encouraged all to protect and preserve the independence of the judicial system. The evening’s festivities concluded with colleagues and friends mingling against the backdrop of jazz ensemble Martini Crush. The SCBA is grateful to its generous sponsors and vendors who made the Bench-Bar Reception a success including the Sacramento Legal Secretaries Association, and Sacramento Valley Paralegal Association, who generously volunteered their time.

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COVER STORY

2019 DISTINGUISHED ATTORNEY OF THE YEAR Andrew W. Stroud

by Judge Kenneth C. Mennemeier Judge Kenneth C. Mennemeier is a Sacramento County Superior Court Judge currently assigned to Judicial Dependency Court.

“Cool

and cutting edge.” That was Andy Stroud’s response on a bright, autumn afternoon in September 1997, shortly after Andy, Eric Glassman, and I had founded our litigation boutique. We were brainstorming ideas for marketing materials we had yet to create, and the principal question was: how did we want to define ourselves? How did we want the community to know us? Andy had a ready answer. “Cool and cutting edge.” Over three decades of practicing law in Sacramento, Andy has developed a practice and a reputation that lives up to that early aspiration. Consider this: Andy has represented not one, not two, but three California Governors (Davis, Schwarzenegger, and Brown). He has appeared in the U.S. Supreme Court.1 He has represented Fortune 500 companies (e.g., AT&T and Harley Davidson), several state agencies (the Departments of Finance, General Services, and Insurance), and world-famous artists, including Johnny Cash and the late Jim Marshall (known as “the Godfather” of rock-n-roll photography). He tried a federal court case with Ted Olson and David Boies (of Bush v. Gore fame) over the constitutionality of the 2008 ballot measure that addressed same-sex marriage, Proposition 8.2 He has handled appeals involving complex public finance issues of first impression that resulted in published decisions.3 He has lectured on copyright law at UC Berkeley and the University of the Pacific’s McGeorge School of Law. The Sacramento Business Jour-

SACRAMENTO LAWYER | November/December 2019 | www.sacbar.org

Birthday boy, with his mother, Joan Flowers

nal recognizes Andy as one of Sacramento’s “Best of the Bar.” Andy is also recognized as a Northern California “Super Lawyer” in intellectual property. All definitely cool and cutting edge. But the County Bar does not bestow its Distinguished Attorney of the Year Award on attorneys who just develop sophisticated practices and sterling reputations. The award recognizes attorneys who, by virtue of their extracurricular efforts, enrich the community and the lives of the people around them. These comments celebrate that part of Andy’s narrative. Background Andy grew up in Placerville. He studied at Claremont Men’s College (now Claremont McKenna College; B.A. Literature, 1983) and then Santa Clara University Law School (J.D., 1986). In college, he met Shelley Blanton, and they married in 1983. Son Will arrived in 1989, and son Henry in 1991. Will is now a forester for Weyerhaeuser in Eugene, Oregon. Henry attends law school at the University of Wisconsin–Madison. Shelley writes fiction and teaches writing at Sacramento State. Andy started his legal career in Orrick, Herrington & Sutcliffe’s San Francisco office, and in January 1990 joined its Sacramento office. In 1997, he left Orrick to co-found a small, litigation boutique (Mennemeier, Glassman & Stroud LLP, or, as we called ourselves, MGS). In 2013, he joined Hanson Bridgett LLP’s Sacramento’s office, where he is now its Office Leader.

Pro Bono Work Andy has long recognized the imperative for attorneys to facilitate access to justice by performing pro bono work. In the 1990s, Andy served on the Advisory Committee for the Voluntary Legal Services Program of Northern California (VLSP) during the program’s fledgling years. VLSP Managing Director Vicki Jacobs remembers: “Andy helped develop our pro bono program. He chaired our Advisory Committee for three years. And he had a key role on the SCBA/VLSP task force which developed ideas about how to permanently fund VLSP’s efforts.” That task force found “the delivery of pro bono assistance is the special responsibility of the Bar Association, VLSP is a cost-effective pro bono program, and permanent funding from the SCBA was needed to assure the program’s long-term viability.” Sacramento Superior Court Judge Christopher Krueger remembers when, early in his career, Andy recruited him and others to serve as callers in VLSP’s annual phone-a-thon, adding that Andy’s efforts led directly to his own enduring involvement in VLSP and the SCBA. In 1997, with then Council Member Darrell Steinberg’s sponsorship, Sacramento’s City Council adopted an ordinance banning the purchase and sale of small, cheap handguns (known

First family photo, September 29, 1991

Andy, graduation from Claremont McKenna College, 1983

as “junk” guns). The NRA challenged the ordinance’s constitutionality. Andy told the City his firm would defend the City—without charge. The litigation spanned two years. Andy’s team invested hundreds of hours into the effort, and the City prevailed. In 2014, again without charge, Andy negotiated the licensing agreement by which the DMV issues license plates bearing the likeness of that famous cartoon beagle, Snoopy. Under the agreement, Charles Schultz’s widow Jean Schulz and Peanuts Worldwide allow the State to use Snoopy’s image without paying royalties, with a substantial portion of DMV’s revenue committed to fund grants for California’s 1,400 museums, science centers, zoos, and aquariums. Building Community Andy has spent countless hours serving various bar organizations. Andy’s service might fairly be described as that of a community builder. Andy does not just join bar organizations; he gets involved in leadership. As a leader, he does not just manage activities and events; he provides vision for the organization’s future, building both tradition and infrastructure so the organization continues to flourish as subsequent leaders come and go. In the 1990s, this occurred during Andy’s service with VLSP, as Andy helped find ways to assure the program’s permanent funding. Andy also helped assure the long-

www.sacbar.org | November/December 2019 | SACRAMENTO LAWYER

term viability of another bar initiative in 2013-14. Although his term has endat Orrick, Judge Krueger says: “Andy known as Operation Protect and Defend ed, he continues to serve as an advisor was an excellent role model for me and (OPD). OPD is a Sacramento-based proto the section’s executive committee. the other junior associates at Orrick. gram that sends attorneys and judges into The common thread in these efHe showed us you should tackle your school classrooms to engage students in a forts is Andy’s engagement in bringing work with gusto and a commitment to dialogue about a curriculum focused on people together to build lasting, duraexcellence while not taking yourself too key constitutional issues. The program ble programs that promote the rule of seriously. He also showed us by examgrew out of an idea federal district court law, our system of justice, and our conple that lawyers, no matter how busy Judge Frank Damrell presented at a joint stitutional democracy. they are, need to get involved in giving SCBA and Federal Bar Association event back to the community. I count myself on April 12, 2002. During a noon-hour Mentoring blessed to have worked with Andy at the presentation in the federal courthouse’s Andy’s contributions to our legal start of my career.” U.S District Court ceremonial courtroom, Judge Damrell community extend beyond his service Judge Kimberly Mueller reports, “Even shared his vision about how attorneys to various bar organizations. An even though I’d had life experience before and judges could help foster high joining the [Orrick] firm, I realschool students’ understanding of ly didn’t know a thing about how our independent judiciary and the to be a lawyer. When my friends rule of law in American society. That at the California Journal needed to presentation launched the develprotect their trademark against the opment of the program which now Wall Street Journal, Norm Hile and sends attorneys and judges into loAndy provided the big guns in obcal high school classrooms. Not only taining a preliminary injunction. does Andy visit those classrooms, he But as an example of his generous has long served on OPD’s steering mentoring style, when Andy could committee, chairing it for three years have claimed the role of arguing (2009-2012). the motion with Norm, he acceded Andy also serves on the board to me—rooting for me even as he for the Sacramento Federal Judicial fretted in the audience like a mothLibrary and Learning Center Founer hen hoping I would make him dation, which supports the Anthoproud!” ny M. Kennedy Learning Center in About his tenure working Sacramento’s federal courthouse. with Andy at MGS, Sacramento The Learning Center is an educaSuperior Court Judge Steve AcState Intellectual Property section visits Justice Kennedy tional hub that promotes public un- at the Supreme Court quisto says: “As a mentor, Andy derstanding of the judicial process. taught me the virtues of unwavAs an original Foundation board memgreater legacy will be the lives and caering civility and collegiality. Whether ber, Andy helped draft its bylaws. He reers he has touched, improved, and talking to a colleague, opposing counserved as Foundation president in 2016enriched. His community service sets sel, or a judge, Andy makes his points 17, during an important transitional an example for young lawyers. For in a poised, friendly, and considerate year for the organization, which includthose who get to know him, he is a role manner.” About her time working with ed co-sponsorship of a day-long national model. And, for those who have had Andy, Nancy Saracino (now the Mansymposium on civil discourse featuring the privilege of working with him, he aging Attorney of Western Energy and Justice Kennedy himself. Judge Krueger has been a mentor. Water) says: “Andy combines his unobserves that Andy “had the foresight to Andy will tell you that mentoring paralleled humor with patient coachestablish OPD as a program of the Founmeans finding and creating “first oping skills to create a wonderful learndation, thereby assuring its long-term viportunities.” For aspiring lawyers, it ing environment. He has a remarkable ability.” Courtney Linn, currently chair could be taking your first deposition, strategic approach to litigation and unof the Foundation’s board and Golden handling your first law-and-motion derstands how to teach others the art One Credit Union’s General Counsel, argument, or examining your first witof practicing law. His generous guidreports that Andy remains involved in ness in a contested hearing. For law ance empowered me and taught me to developing the Foundation’s educational students, it often means your first ophave confidence in my abilities. I will programs and overseeing the Learning portunity to work in a law office. always be grateful to Andy for shaping Center’s operations. Andy has mentored many new atmy development as a lawyer.“ Andy also served as chair of the torneys in the formative stages of their At MGS, Andy also saw that our State Bar’s Intellectual Property Section career. Of their time working together firm participated annually in SCBA’s Di-

SACRAMENTO LAWYER | November/December 2019 | www.sacbar.org

versity Fellowship Program. Through that program, we regularly had a first year law student with us for the summer, during which our summer fellow accompanied us to court, to depositions, and to client meetings. Andy has also been a long-time member of the Schwartz/Levi Inn of Court, which has a formal mentoring program that pairs UC Davis law student members with experienced attorneys. The Inn’s current president, Yolo County Superior Court Judge Dan Maguire, reports: “If we had a ‘mentor of the year’ award, Andy would have won it many times over; he has been hugely successful in connecting with and guiding young and aspiring lawyers, many of whom remain his friend to this day. This is no surprise, since Andy combines an engaging (and quite funny) personality with a generous spirit and a wealth of knowledge.” Bill Taylor, a partner in Hanson Bridgett’s Sacramento office, reports that “from day one after joining our firm, Andy undertook to be a mentoring resource not only to our young attorneys but, more significantly, also to those of us with established practices, giving truth to the adage it is never too late to learn new tricks. His gregarious laugh,

sense of humor, insight, legal intellect, and his skill as an effective listener made him an instant success at Hanson Bridgett. We are all proud to have Andy as our colleague.” Regarding his decade of working with Andy, attorney Landon Bailey offers this: “Andy showed unwavering confidence in me, giving me opportunities to perform complex legal work at a young age, yet always providing sufficient support and guidance that I never encountered a challenge without being fully prepared to handle it. It is no exaggeration to say that any present and future success in my career can be traced directly to my remarkable luck in having Andy Stroud as a teacher and mentor.” “Just Plain Fun” Those of us who have practiced or served on bar organizations with Andy know this about him—he embodies the French notion “joie de vivre,” the joy of living. Andy has a playful sense of humor, a contagious laugh, and an uncanny gift for finding fun in his work. His colleagues, attorneys and staff alike, would tell you Andy makes the workplace enjoyable. A former MGS legal assistant, Melissa Burkart, says: “When I worked with Andy,

I truly looked forward to coming to work every day. It was just plain fun.” From her work with Andy on Operation Protect and Defend and other bar activities, Sacramento County Superior Court Judge Stacy Bouleware Eurie commends Andy’s “hearty laugh and collegial demeanor.“ Through the fun he brings to his workplace, the mentorship he has provided to so many, his service to some of Sacramento’s most vibrant bar organizations, and his commitment to pro bono service, Andy has enriched our legal community in countless ways. Andy enlivens all who know him. Through who he is and all he does, he makes Sacramento a better place to live, to work, and to practice law. It was my privilege to have been his partner for 16 years, and it remains my privilege to have him as a friend. 1.

American Insurance Association v. Garamendi (2003) 539 U.S.396.

Perry v. Schwarzenegger (2010) 704 F. Supp. 2d 921.

E.g., California Medical Association v. Brown (2011) 193 Cal. App. 4th 1449; Hollywood Park Land Company, LLC v. Golden State Transportation Financing Corp. (2009) 178 Cal. App. 4th 924.

Will and Claire’s wedding in the woods, October 2019

www.sacbar.org | November/December 2019 | SACRAMENTO LAWYER

Vicki Jacobs is the Managing

VLSP

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

EXPRESSIONS OF GRATITUDE by Vicki Jacobs

uring this season of thanks, the staff at the Voluntary Legal Services Program wishes to express our collective gratitude to the Sacramento legal community for the ongoing support our small, volunteer-based legal aid program receives from you all. Since VLSP was established in 1981, through the foresight of now Judge James Mize and SCBA President Tom Eres, we have provided free civil legal services to the indigent through the generosity of thousands of attorney volunteers and through the financial support of the SCBA and individual

donors throughout the Sacramento legal community. We simply could not assist the thousands of people we do each year without your support. We cannot possibly name everyone whose generosity makes our program run. We would like, however, to acknowledge a few you might not otherwise know about. For example, since 1981, VLSP has had an Advisory Committee of local lawyers who advises and consults with staff about the direction of our program, and who help with fundraising and other volunteer efforts. One Advisory Committee

SACRAMENTO LAWYER | November/December 2019 | www.sacbar.org

member, Yoshinori “Toso” Himel, has been on the Advisory Committee since our founding. Our current Chairperson, Mark Eggleston, has been on the Advisory Committee since the 1980’s. He helps each year with locating people to make fundraising phone calls at our annual fundraiser, the Phonathon. Additional Advisory Committee members have been with us for over a decade, including Jeff Frost, Sarah Huchel and Scott Taylor. In September, VLSP had its 28th annual Phonathon fundraiser. One annual Phonathon volunteer, Bart

Mehlhop, has been making calls every year for longer than we can all remember – a couple of decades or so. We have some donors who have * FREE classified advertising made donations each of those 28 years. * Conference room rental Russell Austin comes to mind. We are SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE grateful to all of you who support our * Lower pricing on MCLE fundraiser every year. *•Plus much more that can be found at: 1329 Howe Ave., #100120 Sacramento, CA 425 University Ave., Suite • Sacramento, CA95825 95825 We’re grateful to all of the www.sacbar.org/home/for-attorneys/scba-member-benefits/ volunteers who have given of their time and expertise over the many years. We cannot possibly name you all. Please know that the professionalism and caring each of you has demonstrated to our clients, who are frequently going through the most difficult times of their lives, energizes our staff. In 2019, we are especially grateful to the family Superior Court of CA, County of Sacramento (Ret.) law attorneys of Sacramento who have supported our newest project, the • Business & Commercial Family Law Assistance Project. • Real Estate We are also grateful to the SCBA for its financial support over the years, • which has helped us pay for the types of • Partnership & Shareholder expenses that government grants do not Disputes usually cover, but which are necessary for the operation of a pro bono program • like ours. We are also grateful for the • opportunity to communicate with the SCBA members through articles in the Sacramento Lawyer magazine. The long-term status of this support is something that the SCBA and its members should be proud of. Last, but certainly not least, as State Commissioner of Corporations - Three years Managing Attorney, I would like to thank the staff of VLSP, including Assistant Program Manager Heather Employment & Labor Member, AAA Panels on: Tiffee, Staff Attorney Danny Moore, Commercial & Complex Civil Clinic Coordinator Liz Buriel, Legal Clerk Alejandro Mejia, Receptionist/ Outreach Coordinator Francesca Lewis, and Paralegal Mercedes McWilliams for their exemplary FREE for SCBA Members service to VLSP and our community. $100 for Non-Members We are looking forward to another year of serving our community, and 1 Hour Ethics - Topic: “Attorney Fees, helping to assure that our legal system Practically and Ethically” functions for us all through our partnership with the SCBA. Happy of Mastagni Holstedt Thanksgiving and best wishes to you all during this holiday season.

IT PAYS TO BE A SCBA MEMBER!

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Requires Knowledge Beyond Our Years 21 www.sacbar.org | November/December 2019 | SACRAMENTO LAWYER

PROGRAMS

Front Row: Jerilyn Paik, Sean McCoy, Andre Campbell, Sophia Kwan. Second Row: Stuart Woo, Alexandra Guerra, Liliana Romero, Ronald Ussery, Erika Munoz, Regina Agopian, Shayla Griffin, Tatiana Bush, Brian Zhang, Patricia Castillo, Jon Morgan Florentino, Kaleigh Thomas, Kristen Khair, Arvinder Kaur, Justin Rodriguez, Albert Mendoza, Errol Dauis

DIVERSITY FELLOWSHIP PROGRAM PREPARES TOMORROWâ&#x20AC;&#x2122;S LAW FIRM LEADERS by Andre Campbell and Sophia Kwan Andre Campbell is a Partner at Hanson Bridgett LLP. He may be contacted at acampbell@hansonbridgett.com Sophia Kwan is a Counsel at Seyfarth Shaw LLP. She may be contacted at skwan@seyfarth.com Tatiana Moana Bush is a second-year law school student at the University of California, Davis School of Law. She may be reached at tmbush@ucdavis.edu.

Few

things stand the test of time. But while most things come and go, leaving little trace that they were ever here, important programs based on fundamental principles like opportunity and fairness can be here to stay. And so it is with the Sacramento County Bar Association Diversity Fellowship Program. The Diversity Fellowship Program was founded in 1990, when Sacramento lawyers, concerned about the severe underrepresentation of minority lawyers in the Sacramento bar, decided to take action to address this important problem. A dozen Sacramento law

firms, the SCBA, the University of California, Davis School of Law and the University of the Pacific, McGeorge School of Law came together to create what is now known as the SCBA Diversity Fellowship Program. Over the years, the scope of the program has broadened to include law school students who are diverse in ways other than race, but its focus has remained the same â&#x20AC;&#x201C; diversifying the Sacramento bar. The Diversity Fellowship Program is a powerful mix of practical experience and academics. Each year, approximately 90 first-year law school students at UC Davis and McGeorge

SACRAMENTO LAWYER | November/December 2019 | www.sacbar.org

apply to the program. Based upon a written personal statement and in-person interview, approximately 15 applicants are chosen to be Summer Fellows. The Summer Fellows are then placed with the participating law firms (the law firm Summer Fellow pairing is random and made by literally drawing names out of a hat), where they work for a 10-week period. The Summer Fellows become familiar with how a law firm works by doing actual legal work such as legal research, drafting memoranda and motions, while also attending events such as client meetings, depositions, mediations, arbitra-

2019 Diversity Fellows at Firehouse Restaurant

tions and trials. In addition to practical experience, the Summer Fellows also attend weekly academic sessions. These academic sessions cover a variety of subjects – law firm economics, how to succeed as an associate, expectations for business development and hearing the perspectives of federal and state judges, just to name a few – and provide the Summer Fellows with the distilled knowledge from seasoned lawyers and judges that it would otherwise take them years to acquire through their own experience. While work remains to be done, the Diversity Fellowship Program has done much to diversify the Sacramento Bar. Many former Summer Fellows have gone on to become associates and partners at Sacramento law firms, and it is only a matter of time before a former Summer Fellow becomes the managing partner of a Sacramento law firm. Moreover, many former Summer Fellows who elected not to pursue private practice in Sacramento have gone on to become leaders in law firms outside of Sacramento, corporations and state and local government. Of course, the Diversity Fellowship Program would not be possible without the support and generosity of law firms in Sacramento. The following law firms participated in the Diversity Fellowship Program in 2019:

· Boutin Jones, Inc. · Carothers, DiSante & Freudenberger LLP · Cook Brown LLP

· Downey Brand LLP · Hanson Bridgett LLP · Klinedinst PC · Kronick Moskovitz Tiedemann & Girard · Mastagni Holstedt, PC · Orrick Herrington & Sutcliffe · Porter Scott · Seyfarth Shaw LLP · Shimoda Law Corp. · Stoel Rives LLP · Wilke, Fleury, Hoffelt, Gould & Birney, LLP Finally, those of you who are skilled at math will have already figured out that 2020 will be the 30th anniversary of the Diversity Fellowship Program. In honor of that occasion, we are planning a celebration dinner. Stay tuned to the Sacramento Lawyer for upcoming details.

by Tatiana Moana Bush There is nothing better than your first big break. This summer, 14 of my colleagues and I were given just that. The biggest thing for a 1L at a summer position is to learn something – anything – and then be able to show what you have learned. The participating firms put us in real-life situations, beholden to real-life clients, and real-life deadlines. We learned how to manufacture memoranda in law school based on a hypothetical fact pattern, but this summer we learned how to prepare memoranda and other pleadings that address actual issues affecting real clients. We went to depositions, mediations, hearings, trials, conferences, board meetings, and golf tournaments. Some of us were flown out to visit other firm locations and attend off-site meetings. Partners made time to take us out to lunch, judges reserved a spot on their calendar for us, and mentors guided us the whole way through. This is not to say that the learning curve was not steep. Some days were harder than others; yet as the summer progressed, each of us could see the growth in our written and oral communication skills. We gained confidence in our abilities and found friends that will be in our professional network forever. All in all, I can confidently say that this program offers Summer Fellows the chance to be on a real team, where the people truly want to help you succeed. I know I can speak for the other Summer Fellows that the Diversity Fellowship Program provided us with a strong network of resources and skills required to thrive as private sector attorneys. I can also tell you that being selected for this program and the experience we gained this summer are the first of many big breaks for all of us. And I can’t wait to see how bright we shine. www.sacbar.org | November/December 2019 | SACRAMENTO LAWYER

FEATURE ARTICLE

THE STATE OF EQUAL PAY: AN OVERVIEW OF TODAY’S LAWS AND TOMORROW’S TRENDS by Jessica R.L. James and Alexandra Guerra

Jessica James is a senior associate in Orrick’s Sacramento office. She can be contacted at jessica.james@orrick.com.

Alexandra Guerra is an associate in Orrick’s Sacramento office. She can be contacted at aguerra@orrick.com.

espite more than 50 years of federal enforcement under the Equal Pay Act (“EPA”) and Title VII, the pay gap persists and the subject of pay inequality remains a contentious topic. In response to stalled federal legislation, many states, including California, have passed more stringent equal pay laws focused on defining the standard of comparable (or similar) work, salary-history bans, and pay transparency provisions. As discussed below, this trend is unlikely to fade, and companies should continue tracking these legal developments to remain proactive in monitoring their business practices. Pay Gap v. Pay Equity In 2019, women earn 79 cents on the dollar for every dollar men earn—a pay gap of 21 percent (which is down

SACRAMENTO LAWYER | November/December 2019 | www.sacbar.org

five percent from 2015).1 This pay gap refers to working men earning more on average than working women, regardless of their job, role, level, or any other legitimate factor that could influence pay. This uncontrolled or “raw” pay gap is not itself unlawful. In contrast, pay equity refers to men and women being paid equally for performing equal or substantially similar work. While this is a very fact-specific inquiry, some suggest that when men and women are performing similarly-situated jobs, women earn 98 cents on the dollar compared to men.2 The subject of pay discrimination arises when individuals are paid less than their comparators because of a protected characteristic, such as gender or minority status. Defining Equal Pay and Comparator Standards The standard for identifying comparators under the federal EPA is “equal pay for equal work.” A plaintiff must prove that she (or he) received unequal pay for performing a job that requires equal skill, effort, and responsibility, and which is performed under equal working conditions to that of a male (or female) comparator’s more highly compensated position.3 Employers can defeat an EPA claim by showing that pay disparities are based on seniority, merit, quantity or quality of production, or “a factor other than sex.” Title VII similarly makes it illegal to discriminate based on sex in pay and benefits.4

In 2016, California’s Fair Pay Act (“FPA”) amended Labor Code section 1197.5 to tighten employer defenses and now provides one of the nation’s strongest pay equity protections. Unlike federal law, the standard for identifying comparators is “equal pay for substantially similar work based on a composite of the employee’s skill, effort, and responsibility, performed under similar working conditions.” California also eliminated the requirement for comparisons within the “same establishment” and made it more difficult for employers to justify inequalities in pay though a “bona fide factor other than sex” defense, requiring that any legitimate factors relied upon by the employer for pay inequities are applied reasonably and account for the entire pay difference. California makes the “bona fide factor” defense available only if it “is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity.”5 Salary History Bans & Pay Transparency Requirements States also outpace federal legislation in context of salary history bans and pay transparency provisions. Federal law generally does not impose a strict prohibition against the use of prior salary in setting starting pay, and the issue remains unsettled in the Ninth Circuit following the Supreme Court’s technical reversal of Rizo v. Yovino (9th Cir. 2018) 887 F.3d 453. In California and many other states, however, the issue is a moot point. California’s salary history ban prohibits employers from seeking or relying on salary history, including compensation and benefits, unless the applicant volunteers it.6 Further, even if the applicant volunteers this information, section 1197.5 prohibits employers from relying on prior salary to justify any disparity in compensation. California law also includes a number of pay transparency provisions, making it unlawful for an employer to “prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise his or her rights under this section[,]” or to retaliate against an employee for such discussions.7 And while

California does not impose an obligation for employers to disclose the wages of others in response to an employee inquiry, the law does require employers to provide “the pay scale for a position” if an applicant makes a “reasonable request” for it.8 What to Expect Moving Forward Despite the fast-moving legislative developments related to pay equity, there remains very little interpretive caselaw on many of the nuanced issues presented by the revised state statutes, particularly in California. Following enactment of California’s FPA, the California Commission on the Status of Women and Girls launched the Pay Equity Task Force in 2016, as a statewide, multi-stakeholder effort to engage diverse interests and facilitate meaningful discussion on recent legislative revisions to California law. To address some of the vague and ambiguous language in California’s FPA, the Task Force developed broadly applicable and practical materials intended to shed light on the FPA. Among these materials are tools to guide employers on (1) the process of identifying appropriate comparators (by focusing on the “overall job content and actual duties performed” with analogies to Title VII); (2) suggested practices for setting starting pay, and (3) consideration in approaching a pay-equity analysis. Further details on the Task Force, including approved materials and a list of its membership are available at https://women.ca.gov/californiapayequity/. Finally, to assess compliance with federal and applicable state laws, companies should continue to track state law and litigation developments that impact legal obligations. If not doing so already, companies should also consider proactive monitoring of business practices and regular, privileged internal pay equity audits to determine whether the company has either a pay gap or, according to one or more potentially applicable standards, a pay equity problem. Typically, this involves retaining legal counsel, and possibly a labor statistician to work at counsel’s direction, to conduct a privileged assessment.

PayScale, “The State of the Gender Pay Gap 2019,” available at https:// www.payscale.com/data/gender-pay-gap

Id.

29 U.S.C. § 206(d)(1).

42 U.S.C. § 2000(e), et seq.

Cal. Lab. Code § 1197.5(a)(1)(D).

Cal. Lab. Code § 432.3(e).

Cal. Lab. Code § 1197.5(k)(1).

Cal. Lab. Code, §§ 432.3(c), 1197.5(k)(1).

www.sacbar.org | November/December 2019 | SACRAMENTO LAWYER

Kara Ueda is a Partner at Best

SECTIONS, AFFILIATES AND DIVISIONS

“HOLD THESE TRUTHS” – LAST-CENTURY EVENTS, RELEVANT TODAY by Kara K. Ueda and Yoshinori H. T. Himel

Best & Krieger LLP. She can be contacted at kara.ueda@bbklaw.com. Yoshinori Himel is President of the ABAS Law Foundation. He can be contacted at YHimel@LawRonin.com.

Saturday, September 7, 2019, the ABAS Law Foundation presented two concert readings of “Hold These Truths,” a solo play by Jeanne Sakata, at the California Museum. The play is a personal retelling of civil rights hero Gordon Hirabayashi’s defiance of the federal government’s orders for curfew, forced removal, and mass incarceration of the West Coast Japanese American community during World War II. Hirabayashi had a strong sense of right and wrong. While a student at the University of Washington, he defied the 8 p.m. curfew that the Army imposed only on Japanese Americans. He also declined to join the rest of his family in registering for the forced removal, and instead turned himself in to the FBI to be prosecuted. At federal sentencing in Seattle, he asked that his prison time be lengthened to 90 days so that he could serve it doing outdoor work. The judge granted his request. Two fellow resisters of the incarceration - Min Yasui and Fred Korematsu – joined him as Ninth Circuit appellants. While awaiting appellate decision, Hirabayashi bonded out and moved to Spokane to work with the American Friends Service Committee, resettling people from camp. With the appeal undecided, Hirabayashi took his case to the U.S. Supreme Court. That Court ruled against him in Hirabayashi v. United States (1943) 320 U.S. 81, upholding the race-based curfew as a constitutionally permissible wartime measure. After the Supreme Court decision, the district attorney in Spokane was

Ryun Yu on stage as Gordon Hirabayashi in “Hold These Truths”

Matinee panel members Laura Flores-Dixit, Basim Elkarra, and Ebony Ava Harper, with moderator Sharon Ito, at the California Museum

tasked with returning him to jail. But the nearest opportunity for outdoor prison labor was at a Federal Honor Camp north of Tucson, Arizona. Because the D.A. had no funding to transport him, Hirabayashi hitchhiked to Tucson and surrendered himself to a surprised U.S. Marshal. The Marshal found no paperwork to hold him, and

SACRAMENTO LAWYER | November/December 2019 | www.sacbar.org

instead instructed him to get dinner and a movie. After doing so, he served his 90-day prison term in Arizona. After the war, Hirabayashi had a long career teaching sociology. In the 1980s he received a call from Peter Irons, who told him of Aiko Herzig-Yoshinaga’s discovery of the “smoking gun” document showing

event, the supervisors had not yet voted to fundslied for in this program, that theapprove government claiming a which they eventually did.) Steinberg military reason for the incarceration of was plaintive in his desire to 120,000 Japanese Americans – acombat docthe issue, though it could perument that even the government had be withceived as an issue that would not necheld throughout the original court proessarily be “city” issue. one point, ceedings. Thea federal courtsAtreheard his Ruyak asked the audience to case via coram nobis writ, and the quickly Ninth tweet Steinberg’ s reply on the issue of Circuit ordered his criminal conviction homelessness. vacated in 1987.He said, “I’ll be darned if I Actor allow this thing grow without agRyun Yuto played Hirabagressive action.” yashi in the world premiere of “Hold the in conversation TheseWhen Truths” 2007, andturned duringto Sacramento’ s bid for a second Amazon two concert readings in Sacramento site, Ruyak questioned prioritizaon September 7. Mr. Yuthe – who ention of the tech industry over rolled at MIT to study science others and and also asked about the theInstitute’s downside technology but became suchtheater as rising rents and first graduate – gotthetheresulting audiexodus of long-term residents. Ruyak ence to share in the range of emotions and Steinberg had moments of levity Hirabayashi experienced in complywith regard to euphemisms for gening with the curfew, then in defying trification, but finally, Steinberg called it, and in the difficult conversations it for is. He acknowledged the he hadwhat withithis family when he reproblem rising rents have caused, with fused to go to camp. long-time being uprooted After theresidents matinee reading, a panel from neighborhoods, as well as changes moderated by Channel 10 journalist that CSUS overcome neighborhoods and educator Sharon as Itotrendy exstore-fronts establish their presence plored “Making Change,” with panel-in theBasim city. Elkarra, Executive Director ists askedonabout the priority for of theWhen Council American Islamic the arts, Steinberg gaveValley, it the same priRelations-Sacramento Laura ority as sports and talked about varFlores-Dixit, an attorney with the Calious improvements and commitment ifornia Rural Legal Assistance Foundato the underAva hisHarper, leadership. He tion, andarts Ebony of the was quick to promote the Farm-toNational Alliance for Trans Liberation ForkAdvancement. movement inStudents the region too the and and from commented on the growth of that segFlorin High School Law Academy furment in the city. in a discussion entither participated When askedStand,” about led the by city’ s rattled “A Principled Alana ings, Steinberg addressed the issue of Mathews. under-funded pensions per CalPers’ After the evening performance, Ito, analysis of how much city needs Flores-Dixit, Harper, and the Yu presented to maintain in reserve for pensions. a panel discussion on “Issues Then andIt was evident that Steinberg fulNow.” The panel discusseddoes the not parally agree with the math in terms of how lels between the incarceration of JapmuchAmericans this would the govcity’s anese andconsume the federal operational budget and incarcerating whether it is ernment’ s recent actions even possible to get into ratmigrants and refugees whopositive cross our ings based on the burden that the city southern border. is expected carry. Yu said tothat when he first perThe evening formed the play in was 2007,anitsissue-laden, historical in-depth look at Steinberg’ s leadership, events seemed museum-worthy, but his policies ofspassion, as well distant. But and withareas today’ eerily similar

Justice George Nicholson Retires Continued pagethe 12 play now felt issues at thefrom border, serve those truths for a nation that sorethe following comment, and decided to lythought-out sincerely held – even if topical. needs themand now. they differed a lot from my own. This – leave it in for one reason – there are probThe New York Times’s Nikole HanThe ABAS Law Foundation is gratewhat I have just described – is something ably hundreds of people in this communah-Jones, who originated “The 1619 ful to the California Civil Liberties Pubnity who could say the same thing. And of Education such great Program value to our Project,” writes that our national “ideals lic for community its generousof it is high praise. There are many things diverse people (and to preserving it as of liberty and equality were false” but financial assistance, to the Sacramento about which Justice Nicholson and I a community): the ability to discuss rethat “Black Americans fought to make community for supporting this event, likely disagree – in law, politics, etc. But I spectfully differences of opinion, belief, them true.” Although Gordon Hirabato numerous community organizations know that he and I (or anyone else in my perspective, and the like. yashi believed in liberty and equality that provided literature and informastead) could discuss those things, and it On behalf of many, I express hope as self-evident truths, our government tion at the event, to the event’s finanwould be a dialogue, not a debate. The that the conclusion of this chapter of denied them. But be hecivil, fought duringcollea cial sponsors, and stolife thewill hard-working Justice Nicholson’ be the start dialogue would probably 50-year period to make them true. His committee members who the of scholargial. Each of us would listen to the other. of a new and productive timemade victory gives us hope we can prepossible. ship and service for him. I would respect that that his views were well event

15 27

SECTIONS, AFFILIATES AND DIVISIONS

BARRISTERS’ CLUB UPDATE by Jake Weaver

Left to right: Bruce Kilday, Letty Litchfield, Hon. Emily E. Vasquez, Dominique A. Pollara, William C. Callaham, Matt Jaime

Jake Weaver is the 2019 Barristers’ Media Chair and an attorney at Reynolds Tilbury Woodward LLP. He can be contacted at jweaver@rtwlawllp. com.

Civility Matters On August 8, 2019, the American Board of Trial Advocates (ABOTA), Sacramento Valley Chapter, and the Barristers’ Club of Sacramento held the Civility Matters MCLE event and mixer. The panelists included the Honorable Emily E. Vasquez, Sacramento County Superior Court, William C. Callaham, Wilcoxen Callaham, LLP, and Dominique A. Pollara, Pollara Law Group. Letty Litchfield, Law Offices of Letty Litchfield, served as the Moderator. Following the presentation, the event included a joint mixer that provided a great opportunity for the Barristers’ Club to mingle with ABOTA members. The Barristers’ Club thanks ABOTA for the opportunity to participate in this joint event. Also, thank you to Matheny Sears Linkert & Jaime, LLP, for hosting the event. The Barristers’ Club Gives Back The Barristers’ Club was excited to participate in a Habitat for Humanity event on September 28 and October 19. The Habitat for Humanity of Greater Sacramento is a nonprofit organization that seeks to give back to the community through volunteer work and construction of homes. This year, several board members from the Barristers’ Club participated in an effort to help serve families in need in Sacramento County.

SACRAMENTO LAWYER | November/December 2019 | www.sacbar.org

Upcoming Events Please stay tuned for dates and details for the annual Federal Nuts and Bolts seminar and the Law and Motion seminar this fall.

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Race for Justice!

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SACRAMENTO COUNTY BAR ASSOCIATION

425 University Ave., Suite 120 Sacramento, CA 95825

SCBA ANNUAL MEETING 2019 • Honoring

Distinguished Attorney of the Year Andrew W. Stroud

• Installing SCBA Officers & Directors • Recognizing 100% Firms

MONDAY, DECEMBER 2, 2019 SCHEDULE:

10:30 am MCLE 11:30 am Check-in 12:00 pm Lunch SHERATON GRAND 1230 J Street Sacramento, CA 95814 Grand Nave Ballroom

MCLE PRIOR TO ANNUAL MEETING:

Free for SCBA Members $100 for Non-Members 1 hour Ethics 10:30 am - 11:30 am KEYNOTE SPEAKER:

Leah T. Wilson, Executive Director, State Bar of California

TICKET INFORMATION:

$45 for SCBA members $65 for non-members, $20 Judges/Court Staff/ Law Students. After November 16th, ticket prices increase by $10.

TOPIC: MCLE PRESENTER:

Judge Allison Claire TOPIC:

Job Stress & Attorney Well-Being

THE NEW STATE BAR: Current and Future Developments for Public Protection, Access to Justice, and Diversifying the Legal Profession.

RSVP to cecilia.uribe@sacbar.org or call (916) 564-3780 Send checks payable to: SCBA, 425 University Ave., Suite 120, Sacramento, CA 95825 For information on sponsorship opportunities email Cecilia Uribe at cecilia.uribe@sacbar.org.