Lawyer SACRAMENTO
FALL 2020
OUR NEW SACRAMENTO COURTHOUSE IS ALMOST HERE Diversity and Inclusion 93 Years Later
Informal Discovery Conferences: An Overlooked Tool for Resolving Discovery Disputes Effective Zoom Court Appearances
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INDEX SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
FALL 2020 VOLUME 120, NUMBER 4
Lawyer SACRAMENTO
COVER STORY
16 Our New Sacramento Courthouse is Almost Here FEATURE ARTICLE 8
Pro Bono Pro
12 Diversity and Inclusion 93 Years Later 13 Law Library Update 18 Informal Discovery Conferences: An Overlooked Tool for Resolving Discovery Disputes 20 Weathering the Storm of Criticism: A New Tool in the Judge’s Toolbox 24 Remembering Justice Ruth Bader Ginsburg 28 Effective Zoom Court Appearances EDITORIAL 14 Courthouses under Siege EVENTS 26 Judge Stacy Boulware Eurie and Yoshinori H.T. Himel Honored at SCBA’s Bench-Bar Reception and Annual Meeting 30 Guide to SABA’s 13th Annual Diversity Law Student Reception 34 2020 Annual Operation Protect and Defend Law Day Celebration CAPITAL PRO BONO 10 Change Comes to VLSP – Welcome to Capital Pro Bono DEPARTMENTS 6
EDITORS Ellen Arabian-Lee Arabian-Lee Law Corporation Kim Garner Duggan McHugh Law Corporation Editor@sacbar.org
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President’s Message
PRODUCTION DESIGN Milenko Vlaisavljevic (916) 604-9682 milenko@sacbar.org ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS Cecilia Uribe (916) 604-9667 cecilia.uribe@sacbar.org
SACRAMENTO LAWYER | Fall 2020 | www.sacbar.org
SCBA OFFICERS Shanāe Buffington - President Trevor Carson - 1st Vice President Bryan Hawkins - 2nd Vice President Andi Liebenbaum - Secretary/Treasurer MEMBERSHIP & FEE ARBITRATION Martha Fenchen (916) 604-9726 mfenchen@sacbar.org
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14 Sacramento Lawyer 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 submitted for publication. Please contact the SCBA at 916-564-3780 for deadline information or fax 916-564-3787. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Editors, by pickup at the SCBA office only.
34 Sacramento Lawyer (USPS 0981-300) is published quarterly by the Sacramento County Bar Association, 8928 Volunteer Lane, Suite 250, Sacramento, CA 95826. 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, 8928 Volunteer Lane, Suite 250, Sacramento, CA 95826. Copyright 2020 by the Sacramento County Bar Association.
www.sacbar.org | Fall 2020 | SACRAMENTO LAWYER
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PRESIDENT'S MESSAGE
A PATH FORWARD
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s 2020 comes to a close, I am thankful for the opportunity to have led the Sacramento County Bar Association (SCBA) during this unprecedented and challenging year. My time as president has been an experience comparable to none. This year was rife with unexpected changes, and no single word best sums up year 2020. Challenging? Worrisome? Exciting? Pivotal? Instead, playwright and novelist James Baldwin's words are most befitting: “Not everything that is faced can be changed, but nothing can be changed until it is faced.” 2020 was characterized by economic and social upheaval on an international and domestic level. We felt it too, here in Sacramento, at the SCBA, among our own members, law practices and firms, friends, and families. Despite the pandemic, economic changes, and the increasing civil unrest, our bar association persevered; and we continued to move ahead in the face of significant challenges and substantial change. Normally, the final president’s message is a year-end review of our accomplishments, but 2020 was not a “normal” year so I won’t spend time focusing on goals that were left unfulfilled. Instead, I will focus on how extraordinary circumstances brought forth community and camaraderie within our bar association. This year, I personally witnessed the remarkably deep commitment of our board, sections, divisions, and committee leaders. So many members and supporters were
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Shanāe Buffington, President, Sacramento County Bar Association. She can be reached at Shanae.Buffington@edd.ca.gov.
willing to roll up their sleeves and work hard to ensure the continued success and stability of our bar association. The SCBA board typically meets once a month. This year, the board convened nearly twice that amount of time to make tough decisions about our financial and business operations. In preparation for next year, our board has already begun working on ways to retain a stable membership base, a realistically balanced budget, and a long-term strategic plan. It is times like these when it is more important to be thankful than proud. This year was more of a team effort than ever before, and for that, I would like to acknowledge the tireless dedication, support, and expertise of our Executive Committee, Trevor Carson, Bryan Hawkins, and Andi Liebenbaum. The Executive Committee worked closely with association staff, Martha Fenchen, Cecilia Uribe, and Milenko Vlaisavljevic, to maintain, as best as possible, the day-today operations of our association. We are committed to providing services to our affiliate associations, sections, divisions, and members. As Judge Emily Vasquez observed, “The Sacramento County Bar Association serves a very important purpose in our county. Our judiciary and legal profession depend on the SCBA for a myriad of services, for example, assistance to the legal community, its CLE classes, its pro bono programs, its diversity programs, and its support of the work of the specialty bars, to name a few. All of these services and benefits are vital to the legal
SACRAMENTO LAWYER | Fall 2020 | www.sacbar.org
profession and our justice system.” The SCBA will continue to be a bridge between our judiciary and our members. We will continue to provide a platform so that you can engage directly in dialogues with members of the bench on policy changes or issues that affect your practice. Many thanks to Presiding Judge Russell Hom and Judge Richard Sueyoshi for regularly providing the SCBA with updates on court operations, changes and developments. Lastly, I’d be remiss if I did not acknowledge the contributions of Judge David I. Brown to the SCBA. Over the past several years, Judge Brown has frequently given MCLE courses, and wrote many articles for the Sacramento Lawyer, on law and motion and other civil law topics. Although, Judge Brown is retiring soon from the bench, he will always remain a part of our legal community. As I prepare to pass the gavel to incoming President, Trevor Carson, I am reassured the SCBA will be guided by an experienced, dedicated, and capable successor who is committed to ensuring our longevity. In closing, I can’t say this enough — thank you all! I am grateful for your support to me and the SCBA during this “extraordinary” year — whether your gift was time, talent, or treasure. I bid you farewell as president. It was truly a pleasure, and an honor, to serve our distinguished association. Moving Forward, Shanāe S. Buffington
SACRAMENTO COUNTY BAR ASSOCIATION
Congratulates SACRAMENTO COUNTY SUPERIOR COURT JUDGE
DAVID I. BROWN ON HIS RETIREMENT
"It has been my honor and privilege to have served the Sacramento legal community and the State of California. My tenure of 10 years in the Law and Motion Department has been a highlight of my life, both legal and personal, and I look forward to being involved in our community looking into the future." Judge David I. Brown www.sacbar.org | Fall 2020 | SACRAMENTO LAWYER
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FEATURE ARTICLE
PRO BONO PRO By Mark Eggleston
Mark Eggleston is the current chair of Capital Pro Bono, Inc.’s Advisory Committee (formerly, Voluntary Legal Services Program of Northern California).
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Photo by Joshua Kaizuka.
W
hat do you get when you combine a bachelor’s degree in mathematics from Harvard, a master’s degree in sociology from the University of Michigan, and a law degree, Order of the Coif, from the UC Davis School of Law? You get a precise, but broad, mind. You get a logician, but one with keen human insight. And what do you get when you combine this mind with a heart worthy of the namesake of UC Davis School Of Law, Martin Luther King, Jr.? You get Yoshinori H.T. Himel, known as Toso by many in the Sacramento legal community, and this year’s winner of the Sacramento County Bar Association’s 2020 Pro Bono Attorney Award. For Toso Himel, public service is as it should be — a noble pursuit. He had a distinguished career with the federal government: starting with a federal appellate court clerkship; followed by three years as a trial attorney in the Civil Rights Division of Department of Justice; and from 1979 to 2014, as an Assistant United States Attorney for the Eastern District of Sacramento, litigating issues as varied as information and privacy, tax and water, among many others. In 1981-1982, Toso was the founding president of the Asian/Pacific Bar Association of Sacramento (ABAS). He was the founding editor of the Nota Bene-Notes to Asian Lawyers monthly newsletter. He has been the president, since 1999, of the ABAS Law Foundation that funds law student scholarships as well as
The litigation team for the three most recent Tule Lake cases. From left to right, Toso Himel; his wife, Barbara Takei, who is an officer of the Tule Lake Committee; Mark E. Merin; and Paul H. Masuhara, III. They are standing at the federal courthouse named for Congressman Robert T. Matsui. Congressman Matsui was a child prisoner at Tule Lake. He also was a leader in securing passage of the Civil Liberties Act of 1988, which provided the nation’s apology and token monetary redress to survivors of the incarceration.
moot court teams, and that does law and education-related community projects. Oh, did we mention that Toso also teaches Pretrial Skills at UC Davis School of Law? On top of all this, for the past 39 years, Toso also has been a vital part of the SCBA-sponsored pro bono program, the Voluntary Legal Services Program of Northern California (VLSP). When VLSP was established in 1981, Toso became a member of VLSP’s Advisory Committee, a position he has held ever since. Along the way, Toso has provided informed logical, and compassionate advice to the staff of VLSP regarding VLSP policies, priorities, and proce-
SACRAMENTO LAWYER | Fall 2020 | www.sacbar.org
dures. He has provided services to VLSP’s clients. He further supports VLSP’s fundraising efforts and has been a steady voice of reason during VLSP’s financial ups and downs. (Note: To make its mission clearer to the public and to avoid confusion with traditional paid lawyer-based legal services organizations, VLSP recently changed its name to Capital Pro Bono.) Toso Himel is the sage of the VLSP/Capital Pro Bono Advisory Committee. For those old enough to remember this reference, while no one any longer listens when E.F. Hutton talks, everybody listens when Toso does. Sage he is, but what’s also
remarkable is that he’s always on the cutting edge too. VLSP co-founder, Judge Jim Mize, had this to say about Toso: “There are few remarkable people in the world – Toso is one of them. He is dedicated, industrious and thoroughly committed to making the world a better place, and he accomplishes all this in the most gentlemanly and gentle way of anyone I’ve known. He does not lead by shouts or orders, but by a soft, moral authority that impels us to be his foot soldier. He is a credit to his profession, to his community and to the world of civilized behavior. Clone him and war is over.” When asked why he became a lawyer, Toso stated: “I became a lawyer to do justice. But justice requires advocacy. Too often, it’s the story where the attorney asks the client, ‘How much justice can you afford?’ For those whose answer has to be ‘none,’ I found a path to justice in VLSP.” And Toso doesn’t rest on his laurels. His pro bono march toward justice continues to the present day. After his 2014 retirement from the federal government, Toso has worked pro bono on several lawsuits for the Tule Lake Committee, a non-profit organization of survivors and descendants of incarceration in America’s Tule Lake concentration camp. Tule Lake was one of ten American concentration camps that imprisoned a total of 120,000 Japanese Americans during World War II solely because of their ancestry. When more than 12,000 Japanese Americans dared, in a very American act, to protest the injustice of their wartime incarceration, Tule Lake became unique as the only camp converted to a maximum-security Segregation Center to punish them. In a number of lawsuits involving threats to the preservation of the Tule Lake site, Toso has worked
with Sacramento civil rights attorney, Mark E. Merin, and his associate, Paul H. Masuhara, III, a fourth generation Japanese American and a descendant of Tule Lake. The three attorneys have been donating their legal skills as a pro bono litigation team fighting to protect Tule Lake as a historic civil rights site for the education of future generations. And that education is sorely needed. You’ll note that the government’s act at the ten camps referenced above is termed “incarceration,” and “imprisonment,” and that the camps are labeled as “concentration camps.” That language may be jarring to some of our uneducated ears, ears accustomed to the language of “internment.” But as Toso himself explained in a law journal article he wrote on the misuse of the word “internment,” that word “is a legal term of art [under] the . . . laws of war that does not apply to [this]
mass incarceration. Internment is an action against selected subjects of the enemy nation . . . . The . . . wartime action against Japanese Americans imprisoned an entire community defined by their race, not their [enemy nation] citizenship: two-thirds were American citizens . . . . Today’s misuse of ‘internment’ disguises and euphemizes the mass incarceration.” (Himel, Yoshinori H.T. (2016) Americans’ Misuse of “Internment,” Seattle Journal for Social Justice, Vol. 14, Iss. 3, Article 12.) For his decades-long commitment to pro bono work on behalf of the indigent and the unjustly treated, Yoshinori H.T. (“Toso”) Himel has been named the winner of the Sacramento County Bar Association’s 2020 Pro Bono Attorney Award. The award was given to Toso at the SCBA’s Virtual Bench/Bar event that took place on October 29, 2020.
www.sacbar.org | Fall 2020 | SACRAMENTO LAWYER
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CAPITAL PRO BONO
CHANGE COMES TO VLSP – WELCOME TO CAPITAL PRO BONO
Heather Tiffee is the Managing Attorney of Capital Pro Bono. She can be reached at htiffee@capitalprobono.org.
By Heather Tiffee
T
he Greek philosopher Heraclitus said that change is the only constant in life. We have all certainly lived through many changes, temporary and permanent, in 2020. While we have been sheltering in place and learning to embrace new ways of practicing law, there have been some additional major transitions going on at the Voluntary Legal Services Program of Northern California (VLSP).
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After 39 years operating as VLSP, this fall, we have changed our name to Capital Pro Bono. This renaming is the result of feedback by prospective clients we received while doing client outreach events in 2019. It turns out that few people understand what “Voluntary Legal Services” means, but they certainly understand what a “pro bono attorney” means. Undoubtedly, this is the result of popular media references to free attorneys
SACRAMENTO LAWYER | Fall 2020 | www.sacbar.org
who help the indigent. We decided to have a shorter, more relatable name that references more accurately the geographic area we serve – the capital region of California. We remain in most respects, however, the same nonprofit pro bono organization that was founded in 1981 with the help of Judge Jim Mize and SCBA Past President Tom Eres. This process has been a lot of work, but also a lot of fun. We have a new spiffy logo, an actual color palette for our outreach materials and swag, and a new website that gets to the point a lot quicker than the previous website that was admittedly more directed to potential attorney volunteers. Given that people are increasingly obtaining their information from cell phones, we needed a direct means of educating the public about what we do that is accessible by mobile phone. Please check out our new website at capitalprobono.org. In addition to a remake of our brand, Capital Pro Bono moved from downtown to a new office suite on Howe Avenue. Based upon a study of the zip codes of our clientele, this is a good move in terms of client accessibility (especially once we are able to meet clients more easily in person). We also have ample free parking now and are on the bus line for our clients. The suite is large enough to
allow us to “socially distance” easily. We look forward to seeing everyone in person here for an open house as soon as we can. Finally, effective September 1st, Vicki Jacobs stepped down as the managing attorney of Capital Pro Bono, and Heather Tiffee assumed that position. Heather has worked at VLSP/Capital Pro Bono since law school in 2001, and many of you have met her as the attorney who has overseen our employment, debt, and family law projects. Heather is a UC Davis School of Law graduate and is the current co-chair of the SCBA’s Pro Bono Committee. Heather has now assumed the role as Capital Pro Bono's representative on the SCBA Board of Directors. Meanwhile, Vicki is easing very gradually into retirement, while remaining a supervising attorney at Capital Pro Bono, focusing on volunteer and client outreach and development (fundraising) tasks. She also will remain active in the intake and referral of estate planning, guardianship, conservatorship, and probate cases. Vicki will mark her 20th anniversary at VLSP/Capital Pro Bono in March 2021. The Capital Pro Bono staff is committed to facilitating opportunities for local attorneys to give back by providing free legal assistance to the indigent members of our community. In the COVID era, we want to adapt our service model to make it comfortable and easy for you. We are especially in need of volunteers with experience with debt/bankruptcy, employment, and family law. If you have any questions or want to donate your time, please email us at info@ capitalprobono.org. While much has changed about the practice of law as of late, we want to maintain the long standing tradition of pro bono service in our profession. We would love to have you join us in this effort.
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FEATURE ARTICLE
DIVERSITY AND INCLUSION 93 YEARS LATER By Shanāe Buffington
T
he mission of the SCBA includes enhancing diversity within Sacramento’s legal community. There is work to be done. Blacks make up around 10 percent of Sacramento’s population1 and 4 percent of practicing lawyers in the state.2 Latinx Americans make up 24 percent of the county’s population,3 and 7 percent of practicing lawyers.4 The State Bar’s 2019 census revealed Asian Americans make up approximately 15 percent of the state’s population compared to 13 percent of Asian American attorneys practicing in the state.5 The attorney LGBTQ+ population, around 7 percent, is roughly on par with the LBGTQ+ population in the state at 5 percent 6 and in the Sacramento area which is around 4 percent.7 Although women make up roughly 50 percent of the state’s population, our profession remains predominantly male.8 The Legislature created the State Bar in 1927 — almost 93 years ago. While our communities are becoming more culturally rich, our profession remains less diverse. What can we do to continue to foster inclusion in our profession? Educational Pipeline Initiatives Over the years, the SCBA has supported pipeline-to-profession initiatives that encourage elementary school children and teenagers of diverse backgrounds to pursue careers in the law. For almost 30 years, our association’s Diversity Fellowship Program has succeeded in providing law school students with the opportunity
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to experience what it’s like to work in a law firm. For some students, this experience results in a clerkship at the firm the following school year or even a job offer after graduation. We can continue to support Florin High School’s Law and the World Academy, C.K. McClatchy High School’s Law and Public Policy Academy, Operation Protect and Defend (OPD), and other programs that encourage scholastic achievement and civic and character development. Simply describing a typical workday or recounting how you handled a difficult or challenging case can inspire a child who may only understand a lawyer’s role in our society through television or social media. Outreach and Retention Diversity in California law schools is increasing but, according to the State Bar’s recent census, students of color leave law school before graduation at disproportionate rates. Pre-law outreach programs are successful in exposing undergrad students to the demands of law before taking the LSAT and applying to law school. Currently, the State Bar is partnering with law schools to identify programs that increase matriculation and bar passage for diverse students. Additionally, bar preparation courses are useful in honing critical test taking skills like writing, reasoning, and processing large amounts of information efficiently, but there’s an advantage of clinical coursework to teach students the practical aspect of lawyering.
SACRAMENTO LAWYER | Fall 2020 | www.sacbar.org
Shanāe Buffington, President, Sacramento County Bar Association. She can be reached at Shanae.Buffington@edd.ca.gov.
Mentorship In January, the Bar Association of San Francisco hosted a summit to discuss solutions surrounding the lack of diversity in our profession, and the invaluable benefit of mentorship was highlighted. Data presented at the summit revealed that Black law students with mentors were more likely to obtain judicial clerkships compared to their peers with one or no mentor. The upside of mentorship is that it does not require a huge time commitment, and it puts us a step closer in making pathways to our profession for individuals from diverse backgrounds. The SCBA’s Diversity Fellowship Program is always seeking additional law firms to participate. OPD and the McClatchy and Florin programs welcome new volunteers. With continued effort, the day will come when our profession mirrors the treasured diversity of our metropolitan community.
1 http://www.behealthysacramento.org/index. php?module=demographicdata&controller=index&action=index 2 http://www.calbar.ca.gov/Portals/0/documents/BarBrief/Bar-Brief-1.pdf 3 https://www.census.gov/quickfacts/fact/table/ sacramentocountycalifornia,sacramentocitycalifornia,US/PST045219 4 http://www.calbar.ca.gov/Portals/0/documents/BarBrief/Bar-Brief-1.pdf 5 Ibid. 6 Ibid. 7 https://news.gallup.com/poll/182051/san-francisco-metro-area-ranks-highest-lgbt-percentage. aspx?utm_source=Social%20Issues&utm_medium=newsfeed&utm_campaign=tiles 8 http://www.calbar.ca.gov/Portals/0/documents/BarBrief/Bar-Brief-1.pdf
FEATURE ARTICLE
LAW LIBRARY UPDATE By Peter Rooney
T
he COVID-19 outbreak has dramatically affected how the Sacramento County Public Law Library has operated over the past six plus months. In-person access has been limited for a considerable amount of time. The Law Library also was required to modify or reinvent operations so that it could continue to provide services and support to the community, including remote access to resources by either phone or through the internet. This new approach has definitely been challenging. Still, through these challenges, the Law Library has some news and exciting announcements.
Peter Rooney is the Director of the Sacramento County Public Law Library. He can be reached at prooney@saclaw.org.
The Law Library Has Reopened to Foot Traffic Though circumstances can always change, the Law Library is now open again, from 9:00 a.m. to 4:00 p.m., for in-person reference, research, and book checkout services. There are, however, some new rules for the use of the library facility and they are found on our website at https://saclaw.org/COVID-guidelines. These rules will limit the number of people who come into, as well as the time spent in, the building. Those coming into the library should comply with current health protocols, wear a mask, and maintain six feet of distance from others in the library at all times. Computers by Appointment Only To help keep foot traffic to a minimum, and limit the time spent in the facility, the Law Library is requiring patrons to make appointments to use computers for legal research. Patrons can call in, or walk in if spaces are available, and schedule a two-hour block of time for computer use. At this time, we also ask that you limit appointments to one a day until health orders governing public spaces change. Curbside Checkout The Law Library will continue to provide curbside checkout for library cardholders. You can call 916-8748541 or email circdesk@saclaw.org to request titles, and staff will check-out the items for you, bag them, and have them ready for pick-up. Virtual MCLE Classes The Law Library is excited to announce that it recently rolled out virtual MCLE classes! Attorneys can now participate in live MCLE classes, through a computer or portable electronic device, from the comfort of their office, home, or virtually anywhere there is internet. It is convenient and easy to use. It also allows for larger class sizes, so there is less worry about classes being booked. Instructions for registering online can be found at https://saclaw.org/mcle-class-faqs, and check for upcoming class offerings on our website. www.sacbar.org | Fall 2020 | SACRAMENTO LAWYER
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EDITORIAL The opinions in the below editorial do not necessarily reflect the views of the SCBA or the Editors of Sacramento Lawyer magazine. The Editors welcome the submission of articles reflecting other views on this important topic in a future issue.
COURTHOUSES UNDER SIEGE By Justice George Nicholson (Ret.) Originally published as edited in the Fall 2020 edition of The Bench magazine, a publication of the California Judges Association.
I
n several cities nationwide, courthouses have been firebombed, defaced, vandalized, and besieged by domestic militants. What the Rev. Martin Luther King, Jr. said about injustice anywhere being a threat to justice everywhere also applies to attacks on courthouses. An attack on a courthouse anywhere is a threat to courthouses and to justice everywhere. Here are two examples, both particularly sad to me personally. The Stanley Mosk Library and Courts Building in Sacramento was defaced in June. I was sworn into the Bar there more than a half century ago. I later returned and was blessed to serve there almost 30 years on the
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Court of Appeal, Third Appellate District, and, occasionally on the California Supreme Court by assignment. And the main Alameda County courthouse in Oakland was firebombed and substantially defaced in July. Among the damage was an ominous threat, “Kill the judges and prosecutors too,” spray-painted in huge letters near the main entrance. That is new and foreboding. More than $200,000 in damage was done. The Oakland courthouse was attacked and damaged again in August. I served there almost a decade as a prosecutor in the 1960s and 1970s. These special places were my second homes. Beyond the cost of repairs, it is
SACRAMENTO LAWYER | Fall 2020 | www.sacbar.org
Justice George Nicholson, Associate Justice, Court of Appeal, Third District, now retired.
difficult to gauge the magnitude of the negative impact such actions impose on the actual delivery of justice, not just in the communities in which they occur, but everywhere in our nation. More specifically and troubling, it is impossible to measure the damage such lawlessness
imposes on public confidence in our continued ability to safely dispense even-handed justice for all. Respect for the law and for legal institutions is rarely taught to our children any longer at any edProvide prospective clients access to the legal ucational level. Judges and lawyers system and support your local bar association. can help fill that void by not forgetSACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE For more information contact referral@sacbar.org. ting, and by including our nation’s 1329 Howe Ave., #100120 • Sacramento, 425 Ave., • Sacramento,CA CA95825 95825 unique history, in all itsUniversity fullness and Suite SCBA is certified by the State Bar of complexity, in our outreach teachCalifornia and meets the standards of the American Bar Association ing. For example, in the 1990’s, the Third Appellate District invited (916) 564-3780 | referral@sacbar.org Thomas Jefferson, played by Professor Clay Jenkinson, to visit the courthouse during a special session SCBA is certified by the State Bar of California and meets the standards of the for early middle school students. American Bar Association The entire proceeding was televised statewide on the California Channel, (916) 564-3780 | referral@sacbar.org Superior Court of CA, County of Sacramento (Ret.) our state’s equivalent of C-SPAN. Mr. Jefferson, after his formal pre• Business & Commercial sentation, answered questions from • Real Estate the young students. A young black male student asked the first ques• tion. It was about Sally Hemmings. Mr. Jefferson answered candidly. We • Partnership & Shareholder must also deal with issues of justice Disputes and fairness candidly and calmly. • While the Court of Appeal offered the history lesson with Thom• as Jefferson in its courtroom, a variety of essential history lessons may be offered by judges and lawyers in other ways, in courthouses and other places, and for all ages. Real history is made in important cases by judges faithful to the State Commissioner of Corporations - Three years law after argument by lawyers in courthouses all over America, inEmployment & Labor Member, AAA Panels on: cluding both of the great courthousCommercial & Complex Civil es I specifically mentioned. America’s courthouses have been and must continue to be where history is made in the peaceful and deliberative fashion that has contributed to FREE for SCBA Members the stability and safety of our society for centuries. $100 for Non-Members Judges and lawyers bear a re1 Hour Ethics - Topic: “Attorney Fees, sponsibility to educate and to reach Practically and Ethically” out to reassure everyone that justice is served in our courthouses and that every person who enters will find of Mastagni Holstedt justice, respect, and safety.
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D
COVER STORY
OUR NEW SACRAMENTO COURTHOUSE IS ALMOST HERE By Judge David De Alba
Photo by Š NBBJ
A
fter years of anticipation and unforeseen delays, Sacramento County will have a new courthouse. All the pieces have finally come together and construction will begin in January 2021. It is estimated the building will be ready for occupancy in early 2024. The new building will be located directly across the street from the Federal Courthouse encompassing the entire city block between H and G streets and 5th and 6th streets. It will house all civil and criminal court operations as well as court administrative functions. The main downtown courthouse will be closed. It is still undetermined what will become of the old courthouse. Sacramento’s new courthouse will
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be 17 stories high and contain 53 courtrooms including 6 large courtrooms dedicated to high volume criminal calendars. Two courtrooms will be constructed to accommodate multiple juries for criminal cases involving multiple defendants and two courtrooms for large complex civil trials. In addition to consolidating criminal and civil court operations from other inadequate and obsolete buildings, the new courthouse will help relieve existing space shortages. It will also include needed improvements to security and safety features that cannot be attained in the current courthouse. The new courthouse also includes space for three new judgeships. The jury assembly room will be
SACRAMENTO LAWYER | Fall 2020 | www.sacbar.org
Former Presiding Judge David De Alba is a judge in Department 41 of the Sacramento County Superior Court.
on the first floor and will accommodate 500 jurors. This will be a tremendous improvement over the current jury assembly room which has a maximum capacity of 146 occupants and is inadequate to handle the daily average of 307 new jurors reporting for service. When the court was cited by the Fire Marshal several years ago
for overcrowding in the jury assembly room, the court installed 140 additional chairs in the open mezzanine adjacent to the jury assembly room, increasing the combined seating capacity to 286 – an improvement, but still inadequate for the demand. The large public foyer will have four screening stations to expedite entry into the building and eight public elevators. The high volume courtrooms will be on the lower floors to help reduce elevator congestion. This new building is the product of many years of work and perseverance from many judges, lawyers, and community leaders. After years of false starts, the project was formally adopted by the Judicial Council in April 2008. The original proposal was for a new criminal courthouse with 35 courtrooms, while maintaining the main downtown courthouse for some criminal and all civil functions. That changed in July 2010 to erecting a criminal courthouse with 44 courtrooms and remodeling of the downtown courthouse to accommodate civil and court administrative functions. Finally, on February 26, 2016, the Judicial Council’s Court Facility Advisory Committee approved a consolidated structure containing 53 courtrooms. It was determined that continuing to use the downtown courthouse was not economically feasible. As noted, many of the structural and operational systems in the current courthouse are obsolete and expensive to maintain. Funding for the building was finally secured in Governor Brown’s budget for fiscal year 2018-2019. The total cost of the project including land, preliminary plans, working drawings and construction costs is currently close to $550 million. The current downtown courthouse opened in 1965 and she has served us well for 55 years. During this time, the community has obviously grown and the courthouse it-
self has gone through many changes. At one time, both the District Attorney and Public Defender’s offices were located on the east side of the third, fourth, and fifth floors of the courthouse. They were gradually moved out of the building during the late 1960’s and early 1970’s, and those offices converted to courtrooms to accommodate the growing needs of the court. The court also served the family law bar and community until the new William R. Ridgeway Family Law Courthouse was acquired in 1999. Since 1965, the number of judges increased dramatically as did the support staff. Today, the court has 66 authorized judgeships and approximately 740 employees. The Sacramento Superior Court has been chronically underfunded for many years as has the entire judicial branch. The amount of funds the court receives annually for court operations has resulted in severe shortfalls for ongoing operations, maintenance, and general funding for needed judgeships based on our local population and the number of case filings. Considering these hardships, Sacramento’s new courthouse will be a breath of fresh air not only for the individual users of the building, but also for the local economy. The new building will serve as an economic stimulus to downtown Sacramento. Presiding Judge Russell Hom commented: “Both the Sacramento Superior Court and the Sacramento community are excited about the prospect of the new Sacramento Superior Courthouse project breaking ground in the foreseeable future. Notwithstanding numerous challenges over the last decade, we finally see light at the end of the tunnel. Replacing the antiquated downtown courthouse with a new state of the art court facility will not only bring renewed prosperity to the Sacramento region but more importantly, meet
the much needed judicial needs of our growing community for years to come.” The new courthouse project was supported by many and would not have happened without their support. As retired Justice Art Scotland recently noted: “The new courthouse is a reality in part due to the overwhelming support provided by local attorneys, the Sacramento County Bar Association, and its specialty bar affiliates who informed lawmakers and the Judicial Council about the deficiencies of the outdated downtown courthouse and the urgent need for a new facility to ensure access to justice.” Shanāe Buffington, president of the Sacramento County Bar, recently said: “The new Sacramento County courthouse will meet the increasing demands on our judiciary by providing the space and amenities the court will need to administer justice for many years to come. I commend the Courthouse Construction Committee, and its Chair, former Presiding Judge David De Alba, for diligently working with the Legislature, Judicial Council, and contractors in overseeing the development of this project. I look forward to seeing this impressive, new addition to our community.” I would be remiss if I failed to recognize the persistent work of retired Judge Lloyd Connelly over the years in keeping this project alive and bringing it to fruition. His dedication to making this new courthouse a reality has been herculean. We all owe him a great debt of gratitude for his sustained effort. The judge recently commented: “Yes, a half billion dollar dream comes true. To all who have so generously put their shoulders to the wheel, we thank you! You have been heroes one and all. Because of you, the mirage in the distance for years will soon become a reality — a Working Tower of Justice.”
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FEATURE ARTICLE
INFORMAL DISCOVERY CONFERENCES: AN OVERLOOKED TOOL FOR RESOLVING DISCOVERY DISPUTES By Judge Christopher Krueger
A
ttorneys seeking to compel further responses to discovery have had a new arrow in their quivers since 2018 – the ability to request an Informal Discovery Conference (“IDC”) – but few Sacramento attorneys have chosen to load their bow and take a shot. Since Code of Civil Procedure section 2016.080 took effect, the Sacramento Superior Court’s two Law and Motion Departments have received only two requests for IDCs. Meanwhile, every month, our court hears dozens of motions to compel further responses to discovery – the kind of motions that the IDC statute was enacted to obviate. The explanation for the lack of requests probably lies in the lack of knowledge among our local bar regarding this tool. In other parts of the state, IDCs have been used much more extensively. Alameda County, for example, has a local rule requiring moving parties to request an IDC before a motion to compel further responses can be filed.
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Judge Christopher Krueger is a judge in Law and Motion, Department 54 of the Sacramento County Superior Court.
Los Angeles County Superior Court Judge Holly J. Fujie told me that some judges in her court have used their inherent authority to require informal conferences even before the enactment of section 2016.080. She said that the practice has proven to be very popular in her court. “Nobody likes to do motions to compel further responses,” Judge Fujie said. “Lawyers don’t like to write them, clients don’t like to pay for them, judges don’t like to hear them, and research assistants don’t like to prepare rulings on them. It’s a lot better and faster for everybody to resolve these matters at informal discovery conferences. We can resolve matters very, very quickly at IDCs that would take hours and hours of everybody’s time if a motion had to be heard.” What is an IDC? Section 2016.080 provides that an IDC can be conducted “upon request by a party or on the court’s own motion for the purpose of discussing discovery matters
in dispute between the parties.” The only statutory prerequisite is that the parties must have tried to resolve the dispute through the normal meet-and-confer process. A requester is required to file a declaration under Code of Civil Procedure section 2016.040 showing that the parties engaged in a reasonable and good faith meet-andconfer. If the court does not grant, deny, or schedule an IDC within 10 calendar days of a request, the request is deemed to have been denied. If the court schedules an IDC, section 2016.080 requires that it be held within 30 days of the scheduling order and before the discovery cutoff date. The court hearing an IDC “may toll the deadline for filing a discovery motion or make any other appropriate discovery order.” Note that the mere filing of a request for an IDC does not extend the time for filing a discovery motion. The decision to toll or not to toll the discovery motion deadline appears to be in the discretion of the court. The statute does not specify whether an IDC should be heard on the regular law-and-motion calendar. Given the informal nature of the request and since it is a “conference” rather than a motion, I have held an in-person IDC in a conference room and a second one, during the pandemic, by telephone conference call.
Advantages of an IDC As stated above, IDCs give the parties a chance to resolve their discovery disputes short of filing a motion to compel further responses. Another advantage is the lack of a downside from participating in an IDC. If the parties cannot resolve their differences, the statute states, “The outcome of an informal discovery conference does not bar a party from filing a discovery motion or prejudice the filing of a discovery motion.” Attorney Bill Kershaw, who has participated in informal discovery conferences in other counties as well as informal conferences before discovery referees, believes them to be an effective tool. “I think an informal discovery conference where the... judge who is going to make the decision (on a potential motion) advises the parties of what his or her thoughts are on the matter normally resolves 85 to 90 percent of discovery disputes,” he said. At the present time, our court does not mandate IDCs. Nor do we have any local rules imposing any particular requirements for them beyond those found in the Code of Civil Procedure. Anyone wishing to have an IDC heard in Law and Motion should file their request in conformance with the statute and contact the department clerk to inform them that a request has been filed.
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FEATURE ARTICLE
WEATHERING THE STORM OF CRITICISM: A NEW TOOL IN THE JUDGE’S TOOLBOX By Lexi Purich Howard
The Issue hould disgruntled litigants be allowed to speak freely of their unhappiness toward a judge whose ruling went against them? May others agree and join in a chorus of negative comments about that judge, both in print and in social media? May that group launch an effort to recall that judge, and are proponents allowed to speak freely against the judge? These are not trick questions, and most will agree the answer to each of them is an unequivocal “yes.” But if unhappy litigants in their quest to unseat that judge misstates facts, confuses issues, or otherwise obfuscates as a result of ignorance, self-interest, anger, or for some other reason, what then? May the judge then reply with the truth, either to correct a factual, procedural, or legal misstatement by that person or persons, or otherwise to defend against the misinformation? Until a recent change to the California Code of Judicial Ethics (the "Code") by the California Supreme Court, judges in those circumstances were unable to respond publicly, and any such response, even if truthful and reasonable, could be the basis for allegations of misconduct and potential discipline. An impartial judiciary – local, statewide, and national benches that are steadfast and dependable in upholding the rule of law and the rights of the people – is essential to equal and fair treatment under the law. In
Lexi Purich Howard is an attorney at Murphy Austin Adams Schoenfeld LLP in Sacramento. Lexi’s practice focuses primarily on real estate and business matters. Lexi serves on the SCBA Board of Directors, on the Diversity Board of the McGeorge School of Law, and on the Judicial Fairness Coalition of the California Judges Association. Lexi can be reached at lhoward@murphyaustin.com.
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the United States, an impartial judiciary is key to our judicial system, where rights are more important than power or popularity. There are sure to be many opportunities to say more about the significance of an impartial judiciary; this article addresses only a recent change to the restrictions on judges, to allow a judge, in a narrow manner, to respond publicly to a criticism that forms the basis of recall or contested election. Judges willingly accept restrictions beyond those that apply to most other public servants, and which restrict both their public and private behavior. The Code provides that “[a]n independent, impartial, and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintain-
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ing, and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary is preserved.” (Cal. Code Jud. Ethics, Canon 1, <https://www.courts. ca.gov/documents/ca_code_judicial_ethics.pdf> [as of October 11, 2020, the online Code had not yet been updated to reflect this change].) The Code requires that judges avoid impropriety and the appearance of impropriety in all activities (Id. Canon 2), and that a judge perform their duties impartially, competently, and diligently (Id. Canon 3.) The Code details the obligations related to a judge’s conduct both on and off the bench, including prohibiting a judge from holding membership in organizations that practice invid-
ious discrimination against persons with certain immutable characteristics (Id. Canon 2C); guiding a judge’s handling of cases, parties, attorneys, court staff, and others in the course of court business (Id. Canon 3B); and limiting a judge’s participation in political activity that might create the appearance of political bias or impropriety. Ethics Opinions issued by the Committee on Judicial Ethics Opinions, and Advisory Opinions issued by the Ethics Committee of the California Judges Association, provide interpretations of the Canons and their application to particular circumstances (CJA Advisory Opinions <https:// www.caljudges.org/EthicsOpinion. asp> [as of October 4, 2020].) Until a change to Canon 3B(9) of the Code on June 15, 2020, a judge was prohibited from publicly commenting on the judge’s own behalf, or on behalf of another judge, regarding a pending case that, during a recall or election campaign, formed
the basis of public criticism of that judge. The basis for the restriction may at one time have been reasonable, both from the perspective of the duty of the judge to maintain confidence in the judiciary, and because any such comments could affect the outcome of a pending case. In the last few years though, several judges in different California counties have been criticized for their decisions and recall efforts were threatened or begun. At least one judge’s seat was lost to recall after neither that judge nor other judges were able to comment on the case, because it was on appeal at the time. In that case, the basis for the recall was a public outcry in 2016 following a judge’s lawful (but widely criticized) exercise of discretion in a sentencing decision. Judge LaDoris Cordell (Ret., Santa Clara Superior Court) commented, on the day following the recall of Judge Aaron Persky, that the lies of the recall campaign allowed the recall campaign to
ALTERNATIVE DISPUTE RESOLUTION OF BUSINESS DISPUTES
take advantage of voters who did not understand how the criminal justice system worked. (Dolan, Brock Turner judge recall will discourage others from being lenient, experts say, June 6, 2018 <https://www.latimes.com/ local/lanow/la-me-ln-persky-recall20180606-story.html> [as of October 4, 2020].) An impartial judiciary requires judges who are willing and able to give a ruling, a sentencing decision, or other judicial determination without fear of retribution – which in the case of a recall election, includes the judge’s reputational loss and ultimately the loss of the judge’s judicial career. Several months before the recall of Judge Persky, Berkeley Law Dean Erwin Chemerinsky said “I want judges deciding cases based on the law and the facts, not public opinion.” (Dinzeo, California Judge Warns Against Rise of Partisanship in Judicial Elections, March 16, 2018 <https://www.courthousenews.
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com/california-judge-warns-against -rise-of-partisanship-in-judicial-elections/> [as of October 4, 2020].) It was in this spirit that the Judicial Fairness Coalition of the California Judges Association proposed changes to Rule 3B(9) to allow judges to speak in limited circumstances. The Proposed Amendments The amendments were to allow a narrow exception to the prohibition against a judge making public statements about pending cases, to allow a judge to make public comments about the procedural or factual basis of a decision while the case is pending, if that judge is the subject of a recall election. The Supreme Court Advisory Committee on the Code of Judicial Ethics (the “Committee”) agreed, and expanded the proposal to include all elections (not just recall elections), to add “legal basis” (in addition to procedural or factual basis), and to allow public statements to be made by other judges (in addition to the judge against whom the criticism was made). The proposal was to allow such public statements by judges, with the requirements that they must not “reasonably be expected to affect the outcome or impair the fairness of the proceeding,” and could be made only in the context of an election campaign where the pending matter was the subject of criticism during that campaign. The Committee commentary also added that in some circumstances, a judge should consider whether it may be preferable for a third party, instead of the judge to make any such comments. (Supreme Court Advisory Committee on the Code of Judicial Ethics, Invitation to Comment SP1905, October 1, 2019.) During the public comment period, the Committee received 26 written comments, the majority in support of the proposal (email from Mark Jacobson, Staff Attorney, Supreme Court Advisory Committee on the Code of Judicial Ethics, on
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January 29, 2020.) Not surprisingly, many judges supported the proposal, and one submission in favor of the proposal was joined by over 230 judges, justices, and attorneys. Judge Paul Bacigalupo (Los Angeles Superior Court) wrote separately that “[a]ttacks on judicial independence are often aimed at coercing judges to consider how their rulings will be considered by certain interest groups outside the courtroom or how their rulings will affect their careers, their families and their public reputations. This is exacerbated when the attacks are false and a judge is prohibited from commenting on the procedural, factual or legal basis of a decision. Judicial decisions deserve respect because they are based only on the law and the evidence. Otherwise, judicial independence is weakened and the public’s trust and confidence in the judicial process is impacted.” (Comments received in response to Invitation to Comment SP19-05, Id. p.12.) Emilio Varanini, writing on behalf of the California Lawyers Association (CLA), wrote that the CLA “worked closely with the Judicial Fairness Coalition and other interested stakeholders to address the increasing attacks on judges and judicial independence, and have considered the most effective ways of dealing with these attacks, given the current inability of judges to respond in their own defense.” (Id. p. 14.) Some commenters did not indicate a position, and only one disagreed with the proposal. Your Sacramento County Bar Association was among those organizations, attorneys, and judges who also wrote in support. (Ibid.) The Rule The rule, as amended on June 15, 2020, now provides a limited exception to the prohibition against a judge making public comments while a case is pending, with the following addition to Canon 3B(9): “In connection with a judicial election or recall campaign, this canon does
SACRAMENTO LAWYER | Fall 2020 | www.sacbar.org
not prohibit any judge from making a public comment about a pending proceeding, provided (a) the comment would not reasonably be expected to affect the outcome or impair the fairness of the proceeding, and (b) the comment is about the procedural, factual, or legal basis of a decision about which a judge has been criticized during the election or recall campaign.” The Code defines “pending proceeding” as “a proceeding or matter that has commenced. A proceeding continues to be pending through any period during which an appeal may be filed and any appellate process until final disposition. The words ‘proceeding’ and ‘matter’ are used interchangeably, and are intended to have the same meaning.” The Committee commentary, in part, provides further guidance and caution to judges making such statements. (Cal. Code Jud. Ethics, supra.) Conclusion When they are sworn to the bench, judges give up certain rights to speak about matters, including about pending cases. This is essential to the role of judges in a fair and impartial judicial system. But this restriction has, on occasion, prevented judges from defending themselves and their colleagues from inaccurate and unfair criticism, leaving them at the mercy of those who, for their own reasons, have targeted judges. The amendment to Canon 3 provides a narrow exception to the rule, to allow judges to correct misinformation in the limited circumstance of an election or recall campaign, with the goal of further protecting the impartiality of the judiciary. Further to fairness and impartiality, because this cannot be said enough, because for too long, we as a society and as individuals have allowed an unjust and inequitable caste system to exist in our nation, our state, and our communities, and because those of us with the power and agency to end that harm must act to do so: Black Lives Matter.
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FEATURE ARTICLE
REMEMBERING JUSTICE RUTH BADER GINSBURG By Judge Emily E. Vasquez
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ate in the afternoon of September 18th, Judge Helena Gweon texted me and some female judicial colleagues to inform us of Justice Ruth Bader Ginsburg’s death. The news brought a deep sense of loss and sadness. Soon my friends and I were sending messages to one another expressing our grief, but also encouraging one another to honor Justice
Ginsburg by continuing her legacy of moving toward a more just and more equal America. My female judicial colleagues and I felt a special loss because we were an informal “RBG” Sacramento contingent. Together, we shared dinner and watched two powerful movies about Justice Ginsburg: the documentary “RBG” and the historical drama, On the Basis of Sex. We
Collection of the Supreme Court of the United States Photographer: Steve Petteway Justice Ruth Bader Ginsburg wearing her distinctive “dissent” collar over her robes.
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Judge Emily E. Vasquez is a judge in Department 32 of the Sacramento County Superior Court.
SACRAMENTO LAWYER | Fall 2020 | www.sacbar.org
She Imagined a
World of Greater Equality and
Then Worked to
Make It Happen reminisced and were uplifted by her response to the question of how many women would be enough on the Supreme Court. Justice Ginsburg answered: “When there are nine, people are shocked. But there’d been nine men, and nobody’s ever raised a question about that.” She was a hero to us. Justice Ruth Bader Ginsburg made it her life’s work to change the legal landscape for American women, first as a civil rights lawyer and then as the second woman ever to serve on the US Supreme Court. But in the process, her work helped not only women, but also men, racial minorities, people with disabilities, and workers. While teaching at Rutgers University Law School, she became co-director of the Women’s Rights Project of the American Civil Liberties Union (ACLU) and set about changing the Supreme Court’s view of gender bias. With her meticulous legal research and keen intellect, she argued a series of landmark cases that extended the 14th Amendment’s equal – rights clause to women, overturning laws that discriminated on the basis of sex. She beca-
“RBG” Sacramento Contingent From Left to Right: Hon. Shama Mesiwala, Hon. Sharon Lueras, Hon. Judy Hersher, Hon. Lauri Damrell, Hon. Jill Talley, Hon. Helena Gweon, Hon. Laurie Earl, and Hon. Emily Vasquez.
me to women what Justice Thurgood Marshall was to African Americans. In 1996, three years after being appointed to the US Supreme Court by President Bill Clinton, she wrote the landmark decision that struck down the Virginia Military Institute’s men-only admissions policy, a ruling she called the culmination of her efforts “to open doors so that women could aspire and achieve without artificial constraints.” In her later years on the Supreme Court, Justice Ginsburg became the leading voice of its liberal minority, issuing sharply worded and powerful dissents supporting reproductive rights, affirmative action, workers’ rights, and voting rights. It was her hope that some of her dissenting opinions might sway a future court. She explained, “Dissents speak to a future age . . . But the greatest dissents do become court opinions and gradually over time their views become the dominant view. So that’s the dissenter’s hope: that they are writing not for today, but for tomorrow.” It was her dissents which elevated her to pop-culture icon. As a demonstration of her sense of humor and spirit, Justice Ginsburg took to
switching the decorative collars she wore with her judicial robe on days when she would be reading majority or dissenting opinions from the bench. The collars were carefully selected to signal her meaning. She even had a decorative necklace/collar that was observed to be her “dissenting collar.” Her marriage was a love story for the ages. She and her husband, Martin Ginsburg, were equal partners in marriage and parenting. Marty Ginsburg, a highly successful tax attorney, supported her dreams and ambitions and celebrated her many achievements. While Justice Ginsburg pursued her career, Marty took on the task of cooking for the family with great skill and joy, much to the delight of their two children, Jane and James. Today we take for granted her vision of gender equality. But we should never forget that it was not until 1971 that the Supreme Court ruled for the first time that the Constitution prohibits discrimination based on sex. In Reed v. Reed (1971) 404 U.S. 71, the US Supreme Court held that the words of the 14th Amendment’s Equal Protection Clause covered women as well as men and, thus, the state could
not automatically prefer men over women as executors of estates. Let us not forget that it wasn’t that long ago when women couldn’t even get a credit card. And, sexual harassment was not recognized as a cause of action as a form of sex discrimination under Title VII of the Civil Rights Act of 1964 by the courts until the mid1970s and 1980s. As the first in my family to graduate from college and law school, I was inspired by Justice Ginsburg’s courage and determination to make our nation live up to its ideals and to preserve its rule of law, equally and equitably for everyone. I attended law school in the mid-1970's when there were very few women and even fewer Latinas in the legal profession. My entering class at Berkeley Law in 1974 was about 1/3 women, which at the time was quite impressive. My law school female friends and I wondered whether the legal profession would accept us as attorneys, as litigators. We wondered whether we would be able to have a family and a legal career. Today, of course, there are many more positive female role models in senior positions than ever before. Now, when I meet with women law students, they envision working at a law firm and becoming partners or becoming the chief legal counsel for a public agency or eventually being appointed to the bench, all while juggling the demands of home and family. It is wonderful to behold. I suppose to the younger generation, we seem to have successfully handled a family and a career, and we are finally providing the role models that we never had. Justice Ginsburg showed us that we could mix families and careers and do it well. Thank you Justice Ginsburg for paving the way for women’s equality before the law, and for women’s rights to be taken seriously by the courts and by society. Rest in peace; you have provided us with the legal tools to carry on.
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EVENTS
JUDGE STACY BOULWARE EURIE AND YOSHINORI H.T. HIMEL HONORED AT SCBA’S BENCH-BAR RECEPTION AND ANNUAL MEETING By Shanāe Buffington and Cindy Liu
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n October 29, 2020, the legal community convened virtually to honor both the SCBA’s 2020 Judge of the Year, Sacramento Superior Court Judge Stacy Boulware Eurie, and the SCBA’s Pro Bono Awardee, Yoshinori H.T. Himel, at the Bench-Bar Reception (BBR) and Annual Meeting. This year’s combined event began with opening remarks given by President Shanāe Buffington, followed by the Pledge of Allegiance led by Assistant Presiding Judge Michael Bowman. Thereafter, state of the court reports were presented by Chief US District Court Judge Kimberly Mueller, Presiding Justice Vance Raye of the Court of Appeal, Third Appellate District, and Sacramento Superior Court Presiding Judge Russell Hom. Judge Boulware Eurie’s unwavering commitment to juvenile justice reform earned her the title of SCBA 2020 Judge of the Year. Chief Justice Tani Cantil-Sakauye introduced Judge Boulware Eurie by highlighting her service on the Keeping Kids in School and out of Court Initiative Steering Committee, a project which seeks to reduce the frequency of youth truancy and delinquency, and other issues that negatively impact students’ educational outcomes. During her tenure as presiding judge of juvenile court, Judge Boulware Eurie placed an emphasis on multi-sector and interagency col-
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laboration to keep kids in safe and healthy learning environments. This collaboration led to the creation of a special juvenile justice calendar dedicated to sexually exploited youth. Judge Boulware Eurie emphasized the necessity of diversity in the legal community to reflect the diverse composition of our state and communities: “Diversity is not a hollow word — and it is not a substitute for integrity, professionalism and substance — but it is a mechanism, a critical vehicle through which our profession is uniquely positioned to affirm, amend or redefine the practice of law.” On November 4, 2020, the Chief Justice appointed Judge Boulware Eurie to co-chair a work group charged with addressing bias in court proceedings. The SCBA’s Pro Bono Awardee, Yoshinori H.T. Himel, similarly touted the importance of collaboration in his quest to preserve the Tule Lake concentration camp, a site he recognizes as part of American civil rights history, and a site of protest. Himel stated: “Pro bono work is like raising a child: It takes a village.” He recognized Mark Merin, a member of the litigation team. Himel emphasized the importance of educating future generations about this historical site, and also acknowledged: his wife, Barbara Takei, Vicki Jacobs of Capital Pro Bono, Chair of Capital Pro Bono’s Advisory Committee
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Shanāe Buffington, President, Sacramento County Bar Association. 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.
Mark Eggleston, WMBA Past President Joseph Russell and his wife Ida, ABAS Law Foundation founder and WLS Past President Jerilyn Paik, Unity Bar co-founder and ABAS Past President Jerry Chong, and WMBA Past President Jessie Morris. The program also included a tribute to the late Nancy Sheehan, a prominent local attorney who passed away from cancer on November 23, 2019. Over a dozen judges and attorneys shared their memories of Sheehan and described her as: committed to justice, professional, ethical, compassionate, and the “gold standard.” Last year, the SCBA Attorney of the Year Award was renamed to the Nancy Sheehan Distinguished Attorney of the Year Award to honor her memory and contributions to the legal community. Judge Russell Hom administered the oath of office to the incoming SCBA directors and board members: • President Trevor Carson • First Vice President Bryan Hawkins • Second Vice President Andi Liebenbaum • Secretary/Treasurer Betsy Kimball • Member-At-Large Robert Brenner • Member-At-Large Sara Dudley • Member-At-Large David Graulich
• Section Representative Jennifer Mouzis • Section Representative John Orcutt The BBR and Annual Meeting concluded with the acceptance speech of incoming SCBA President Trev-
or Carson presenting goals for his upcoming term, such as increasing member services and expanding revenue streams. The SCBA is grateful to all sponsors and event registrants for your continuing support. The encouragement and
dedication from the legal community has been overwhelming. A special thank you goes to Marci Frazier, Sarah Martinez, and Dawn Willis of the Sacramento Legal Secretaries Association for assisting with the delivery of gift bags to our sponsors.
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BRONZE Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP Jacobsen & McElroy JAMS Merrill Lynch Orrick Palmer Kazanjian Wohl Hodson LLP Purcell Stowell PC Family Law Attorneys ADR Law Section Family Law Section Probate & Estate Planning Law Section FRIEND OF THE BAR Asian/Pacific Bar Association of Sacramento Melissa Aliotti Hon. Stacy Boulware Eurie Penny Brown Shanãe Buffington Trevor Carson Mary Derner Law Office of Stephanie J. Finelli Daniel Glass Rhonda Harrigan Bryan Hawkins Jonathan Hayes Hon. Judy Hersher Lexi Howard Vicki Jacobs Betsy Kimball Clement J. Kong Jeannie Lee Jones Andi Liebenbaum Law Office of Jennifer Mouzis Connor Olson John Orcutt June Powells-Mays Hon. Alberto Rosas Doug Rothschild P.C. Criminal Law Section SacLegal St. Thomas More Society - Sacramento Timmons, Owen, Jansen & Tichy, Inc. Trainor Fairbrook Van Dermyden Maddux Law Corporation The Ward Law Firm Borden Webb Daniel Yamshon
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FEATURE ARTICLE
EFFECTIVE ZOOM COURT APPEARANCES By Judge David I. Brown
A
h, the good old days of last March, when lawyers could casually stroll through the courtroom doors, announce their appearance, and proceed to argue their cases mere feet away from the judge, and their opponents, all without worrying if the “tech” was working, or their half-naked spouse was folding laundry behind them for all the Zoom world to see. Well, fast forward and we have a legal environment where oral argument in law and motion matters, appeals, etc. are done via video-conferencing platforms like Zoom or BlueJeans, among others. Full disclosure: this article is written as a practicum, and from the perspective of a Sacramento law and motion judge, albeit one who has been in that assignment for about 10 years, and has issued opinions in well north of 40,000 cases, and has heard thousands of oral arguments. Even before the pandemic, the use of the telephone for oral argument was generally permitted. In all general civil cases, a party that has provided the requisite notice may appear telephonically at the types of conferences, hearings, and proceedings specified in CCP §367.5(b) (including law and motion hearings), unless “the court determines on a hearing-by-hearing basis that a personal appearance would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case.” (CCP §367.5(c); Cal. Rules of Court, rule 3.670(f)(2).) The Sacramento Superior Court has a policy of encouraging parties to appear
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Judge David I. Brown is a judge in Law and Motion, Department 53 of the Sacramento County Superior Court.
by telephone, when appropriate, at most hearings and conferences. (Sacramento Local Rules 2.04(A).) In fact, the failure to appear by telephone “may in the court’s discretion be considered in awarding or denying attorney’s fees for travel time.” (Ibid.) Since the start of the pandemic, personal appearance in law and motion has not been permitted in the Sacramento Superior Court; indeed, a preamble to all law and motion matters states: “Until further notice, NO IN-PERSON APPEARANCES WILL BE PERMITTED. All Civil Law and Motion hearings will be conducted remotely via CourtCall or Zoom [which includes telephonic and teleconferencing options]. This will also apply to 'Appearance Required' matters. The Department 53 Zoom ID is: 841 204 6267.” This article will not further address telephonic appearances. Counsel and the court are familiar with the technology CourtCall offers, and the sound quality is adequate. Also, Zoom offers an “audio only” function, if that is your preference. As both before the pandemic and presently, audio only appearances deprive the court and counsel to visually see the arguing party. Enough said there. Videoconferencing is the brave new world of appearances; my first thought and observation is that the technology is not quite perfect, but it is pretty darn good. First, counsel must understand that appearing via Zoom is really, honestly, an APPEARANCE before the court. Civility and professionalism does not go out the window just because you
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are sitting in front of your computer in your bedroom (and, yes, judges can tell you are in your bedroom — there is a bed right there!). Not to say you cannot be in your bedroom, but dress appropriately for the appearance, at least from the waist up. Counsel appearing in t-shirts or polos take away from their argument’s gravitas. Virtual backdrops of an office add to the illusion of verisimilitude, if you are at home. On the other hand, a virtual backdrop of an exotic beach location should not be employed, unless you are having a Zoom cocktail party. That’s a whole different topic. Next, ensure that your technology is set up to maximize the appearance experience. By that, I mean invest some time or money to make sure the connection allows for video and audio to be seamless. Judges, this one included, express frustration because the sound quality in many cases, fades in and out, or the picture freezes, or both, leading to a longer hearing, or, in the worst case, a recess to allow the party to access another means of appearing. Anecdotally, we have been told that you do not have to use the Wifi at your home or office, but that a better option is to get a computer cable and attach your computer directly to your router. Being interrupted by the judge, who cannot hear pieces of your oral argument, is a sure-fire way to derail your argument and break your train of thought. Also, court reporters (some of whom appear in court, or via Zoom themselves) who cannot hear swatches of
your argument will not provide you with a good record. Nor can your opponents hear you. While on the subject, invest in a quality headset. I have noted that lawyers with headsets have far fewer audio “glitches” than those who do not. A Zoom appearance starts with the parties announcing their appearances after the court calls the case. Whether you are working from home or your office, maintain the formality of the occasion. As with pre-COVID oral argument, attempt to maintain “eye contact” with the Judge. Often, counsel is looking to his/her left or right at the monitor, or down at notes, and fail to look at the camera. First, eye contact with the judge hearing your best argument is always a good idea. Now, with Zoom, it is an especially good idea since the judge may be trying to get your attention because the audio shut down 20 seconds ago, and the court is trying to alert you to the problem. Looking down at your notes throughout your argument
should be avoided. The Zoom waiting room may have several dozen people in it; courtesy suggests that you mute yourself until your case is called. Even small sounds can interrupt the on-going proceedings, and the rustling of papers, the clicking of typewriter keys, or your whispered instruction to your legal assistant can intrude on argument going on in another case. Also, keep in mind that those folks waiting can often be seen throughout the session. While waiting, try to avoid personal grooming, grimacing or expressing quiet frustration with hand gestures, consulting with other lawyers etc. Again, remember you are able to be seen. Our court transmits these arguments on a YouTube channel for the public to view, so be sensitive to that. You can always turn off your camera feed until your case is called (and many folks do that). Please also note that when your appearance is concluded, you should disconnect from Zoom, so that the
court can no longer hear or see you. Embarrassing comments may be avoided with this simple act. Judges should be empathetic to the present reality of the Zoom appearance; often counsel have muted themselves and fail to “answer” immediately (it takes a few moments for the feed to come back up sometimes). As with all oral argument, Zoom or not, know your arguments completely. In planning your presentation, make sure to highlight and make a theme of your case’s merits. But also anticipate problems for your side and prepare responses to questions the judge is likely to ask or to issues that opposing counsel is likely to raise in his or her presentation. Appearing via Zoom does not change good advocacy, but it makes it a bit more complicated, fraught with possible technical glitches, and, unfortunately, more “removed” from the reality of physically appearing in court. Still, it’s what we’ve got, so let’s make the best of it.
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EVENTS
GUIDE TO SABA’S 13TH ANNUAL DIVERSITY LAW STUDENT RECEPTION By Judge Shama Hakim Mesiwala
Judge Shama Hakim Mesiwala
Judge Shama Hakim Mesiwala is a judge in Department 133 of the Sacramento County Superior Court.
Doniell Cummings
Judge Barbara Kronlund
Shanāe Buffington
Judge Danette “Dee” Brown
Judge Sonia Cortés
Judge Russell Hom
Misha Igra
Luis Céspedes
Justice William Murray
Justice Elena Duarte
Judge Monique Langhorne
Carmen-Nicole Cox
Lexi Purich Howard
Aparna Agnihotri
T
he South Asian Bar Association (SABA) of Sacramento continued its tradition of welcoming diverse students and attorneys to our community for its 13th Annual Diversity Law Student Reception held on September 12th, 2020. But unlike the last 12 years, where we mingled over samosas, tandoori chicken, and ice-cold water and sodas in the Davis heat, this year, we connected over Zoom. And we heard inspiring talks from lead-
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ers in our community aimed at replicating some of the many conversations that take place at our in-person annual reception. Here is the guide to what they had to say: Chief Judge Emeritus Morrison England on Excellence: The hallmark of Judge England’s chambers is excellence – excellence in legal practice and excellence in developing professional reputations. Judge England’s advice to law students? Study hard to earn top grades, which may be necessary
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to secure certain jobs and clerkships. Treat everyone with respect – your professors, lawyers and judges, fellow classmates, staff, and administrators. People remember you, and they especially remember how you made them feel. Work hard even when you think nobody is watching. A top-quality work product shines, and decision-makers recognize that excellent work is the product of thoughtful deliberation and an investment of time. Maintain your integrity.
Reputations are earned early in one’s career and a bad one is especially hard to shake. And above all, maintain a positive attitude. You can’t control the things that happen to you, but you can control how you react. Do these things, and you’ll be well on the road to excellence. Justice William Murray, Jr. on Overcoming Economic Downturns: Justice Murray graduated from law school in 1982 during a recession. His plan upon starting at George Washington Law School in Washington DC was to become a federal antitrust lawyer, for which he prepared by adding a second major in economics and completing two law clerk positions with the federal government. As a backup plan, he gained substantial experience in criminal law to prepare for a position at the DC Public Defender’s Office, also a federal position. But when he graduated from law school, the federal government imposed a hiring freeze. He then got lucky. The Brooklyn District Attorney’s Office came to recruit at his law school, and long story short, he accepted a position there. He had no ties to New York and had never been there except for the final interview, but he felt confident taking the position because of his preparation. And after three years, he was prosecuting homicide cases. As his father used to say, “Luck is what happens when preparation meets opportunity.” Justice Murray prepared himself by having multiple career plans, preparing for each, being flexible on where he started his career, and having confidence in that preparation when he took his first job. Justice Elena Duarte on Criticism: Whether interviewing for an internship, a legal job, or a judgeship, you may be asked to address criticism or explain a negative event in your background. Here are some tools to help. Restate the criticism or negative event, admitting if it’s fair or speaking introspectively (not de-
fensively) if it’s not. You may have to reframe the criticism to get to the root of the issue or change aspects of your behavior to address the criticism. Explain what you’ve learned and what you’ve done or will do in response. And describe the person you are and why that’s an even better version of you now. We all will face criticism in our careers. The key to addressing it is to prepare, reflect, and be sincere. Presiding Judge Russell Hom on Stamina: Leading the Sacramento Superior Court during its “darkest time,” Judge Hom has faced unprecedented challenges. The decisions he made during the pandemic were potentially life or death, and the toll on Judge Hom was heavy: constant stress and three hours’ sleep per night. What gave him the stamina – the mental and physical endurance to get through an extremely stressful situation – was fourfold. One, focusing on his goal, which was keeping the courthouse doors open, either literally or virtually, while not endangering health. Two, having the confidence that he was capable of making correct decisions. Three, being decisive and not questioning himself or worrying about what others may think. And four, executing a solid strategy with a trustworthy team in place. “Once you have overcome the mental obstacles, you will have the physical stamina to get through.” Judge Barbara Kronlund on Access to Justice: As California’s first female South Asian American judge on either the state or federal bench (appointed on March 22, 2005), Judge Kronlund has been advocating for access to justice for a quarter of a century – first as a commissioner and now as a judge. She has increased access to justice for court users, including veterans, homeless, and others who might feel out of place inside our courts, through her guiding principle of “compassion and empathy towards those who may be different
from me.” So, what can law students or new attorneys do to increase and improve access to justice? Volunteer at legal aid or self-help clinics and recruit more experienced attorneys to supervise and assist. Conduct free legal fairs in parks, law firm parking lots, or other outdoor settings. “Be creative and ask, ‘How can we make this happen?’ Not, ‘Oh, there are so many obstacles, we can’t possibly make this happen.’” “It’s your turn now. I hope you will make your contribution to increasing access to justice.” Judge Sonia Cortés on First Generation: Judge Cortés immigrated to Yolo County as a child from Mexico with her farm laborer parents. She didn’t know English and grew up in public housing, worrying about how her family would manage daily activities. She became the first in her family to attend college, graduating from UC Davis and then Berkeley Law. Now, 25 years after law school, what would she tell her younger self? It’s okay to feel culture shock. It’s okay to feel like an outsider. It’s okay to stumble and fall. And it’s okay to feel overwhelmed and lost. But realize you have faced much greater obstacles and overcome barriers all your life. You succeeded because of the love and encouragement of your family and the support from your network of professors, fellow students, and coworkers. And you can utilize those networks to build your roadmap to success. Believe in yourself, knowing the journey will not be easy, but you will write the next chapter of success by breaking barriers and pursuing justice. And give back to your community and mentor those after you, because you made it this far with the support of people you know and with the support of people who you may not know personally but who paved the way and opened doors for you. Judge Monique Langhorne on Firsts: As Napa County’s first Afri-
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can American prosecutor, commissioner, and judge, Judge Langhorne has learned “not to get too comfortable.” Within a year and a half of being appointed by the governor, she was challenged in Napa’s first contested judicial election in almost 40 years, despite being its longest serving judicial officer at the time. Instead of dwelling on the false narratives put forth about why she was being targeted, Judge Langhorne used her campaign as “an opportunity to represent the bench and educate the public about me and what it means to be a judge.” She learned new skills sets, including campaigning and raising money, while meeting with diverse groups of constituents. And when she won the election with an unprecedented 80 percent of the vote, she sent a strong message about the next election: “Don’t come for me next time. I will be ready!” What she hopes students and new attorneys will take from her experience is to use challenges as opportunities to strengthen your character and build your next level of career success. And remember you are not alone. Administrative Law Judge Danette “Dee” Brown on Changes: Judge Brown didn’t look to become an engineer when she was 17 at UC Davis, but she settled on that path for an “instant well-paying job.” After designing highway projects for Caltrans, she knew engineering wasn’t filling her heart. She thought back to a high school talk by Judge Lorenzo Patiño that excited her. So, she enrolled in the Lorenzo Patiño Law School while working during the day. She took the bar exam while pregnant and passed, setting the stage for a new career as an attorney and then judge. Noting that changing careers can be one of life’s most stressful events, Judge Brown challenges us to “look at change from a positive perspective.” Have courage. Find your passion by ask-
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ing what you would do for free if you could. Trust your gut. Build your support network. And what if you make a mistake and take the wrong job? “Don’t hit yourself over the head. But don’t quickly run to another. A career is a marathon, not a sprint.” Luis Céspedes on Unity: Thirty three years ago, Céspedes, attorney Jerry Chong, and then attorney (now retired judge) Renard Shepard successfully “joined as a whole” their three minority bar associations to advocate for a common cause: diversity and inclusion in our local judiciary. What can law students today do to make unity, diversity, and inclusion a reality? Keep doing what you are doing – pursue your legal education with excellence and the excitement of knowing you will soon join the bar and do great things as lawyers. It can be done! After all, it was law students from UC Davis’s King Hall who, in 2015, successfully petitioned the California Supreme Court to grant Hong Yen Chang posthumous admission to the California State Bar, a privilege that this 1886 Columbia Law School graduate had been denied because of the Chinese Exclusion Act. We need your continued activism now to correct the wrongs of racism using the rule of law and your skills as lawyers. “Why? Because we can never have unity without diversity and inclusion in all aspects of society. Let’s recommit to our collective activism for a more perfect union.” Lexi Purich Howard on Survive and Thrive: Becoming a lawyer after a successful career as a lobbyist, Howard knows about surviving and thriving as an associate in a midsized law firm. Be intellectually curious about the subject matter of your cases, your clients and their needs, and the partners’ expectations. Be eager to acquire more knowledge by asking for more work. And, if
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you’re feeling bogged down by too much work, avoid stagnation by asking yourself what’s the one task you can do right now that will move you forward. And please know that, in addition to your skills, what sets you apart, and what our legal community really needs, are the ways in which your diversity or “otherness” adds depth and breadth to your work. Shanāe Buffington on Moving Forward: As the current president of the Sacramento County Bar Association, Buffington had an ambitious list of goals. But her mentor, the former Sacramento city attorney and past bar president, Samuel Jackson, told her at the beginning of the year, she should think of her list as plans, nothing more and nothing less. How right he turned out to be. In leading the bar association through a pandemic that has caused significant financial strain, Buffington has learned strategies to keep moving forward. Adapt quickly to ever-changing circumstances. As revenues decreased, she and the board of directors learned to think outside the box for creative ways to generate money. Don’t be afraid to ask for help. Have a positive outlook and more faith and patience. Determination to move forward will be the key to your success. Misha Igra on Reaching Out: Igra knows about survivor’s guilt. She is the child of two Holocaust survivors whose parents’ formative years were framed by fear, starvation, and the state-sponsored killing of people they loved. Her family would not be here today if it were not for the non-Jews who hid her mother at tremendous peril to themselves. Her parents instilled in all six of their children a deep sense of gratitude and responsibility to do good work and heal the world. We all must reach beyond our own communities to recognize when a group is being targeted or scapegoated and offer help with healing acts or a sympa-
thetic word. And we must never live with the regret of having remained silent for so long that there is no one left to speak for us. Aparna Agnihotri on Persist and Pass: Like many who come to law school, Agnihotri excelled in college. So she was caught off guard when law school was a struggle and the bar exam was something she couldn’t seem to pass. She eventually did pass, and she now practices family law, presides over mental health hearings, and helps others pass the bar, too. So how did she do it? She gathered together the “legal village” that had helped her graduate law school and used their mentorship to help her study smarter. She worked at overcoming her dejection and loss of pride by remaining active in community events, carrying herself with grace and positivity. And she realized that in repeatedly taking the bar, she did have what it takes to become an attorney. In short, she persisted and passed. And in doing so, she reminds others they can, too. Doniell Cummings on The Hustle: Working full-time while studying to pass the bar, Cummings holds the vision she did when she was 12 years old growing up poor in New York: to become an attorney. It’s not been an easy journey. It entails little sleep, meal prep because there’s no extra money to eat out, and studying before and after work. But every day at law school, she showed up with a smile on her face. Her classmates asked her, “Why are you always so happy?” Her response was the same each time, “I am lucky to be here, and I am grateful. I am not going to waste this chance.” While there will always be a reason to give up, you must remain “unshakeable in your belief that you will succeed.” Use mindset as a tool to convince yourself that every challenge and
every mountain is “simply a way to improve. So keep going even when it’s hard, because everything you do now is a gift to your future.” Carmen-Nicole Cox on Authentic Self: As the daughter of a loving mother who ran her first business out of the trunk of her car and earned a GED late in life, and a father who was a visual artist with a terrible drug addiction who died in prison just weeks before his release, Cox realizes that she is who she is because of her upbringing and not despite it. Celebrating herself – her
authentic self – has allowed her to embrace her values and remain resilient instead of turning to selfhate, guilt, or resentment. When you remove the burden and time-consuming task of trying to be who you think others want you to be, it frees us mentally and emotionally to excel. When you free your mind to focus only on being you, you produce more thoughtful and persuasive analyses, so you will win professionally. “Plus, no one can do you better than you. So that’s another win, a daily win.”
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EVENTS
2020 ANNUAL OPERATION PROTECT AND DEFEND LAW DAY CELEBRATION
Chi Soo Kim is the 2018-2020 OPD Executive Chair and Executive Assistant US Attorney for the Eastern District of California.
By Chi Soo Kim
Pictured from left to right: Hon. Kimberly J. Mueller, OPD Executive Chair Chi Soo Kim, OPD Steering Committee Members Robyn Riedel, Rebecca Whitfield, and Kevin Quade.
O
peration Protect & Defend (OPD) capped off another successful year with its Annual Law Day celebration, which was held as a virtual awards ceremony due to the COVID-19 pandemic. Members of the bench, the bar, and
educational community in Sacramento, Fresno, and Bakersfield gathered virtually to celebrate local high school student winners of OPDâ&#x20AC;&#x2122;s annual essay and art contests. The student awardees were joined by their family members, friends, and teach-
Hon. Tani G. Cantil-Sakauye provided remarks.
California Secretary of State Alex Padilla provided remarks.
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SACRAMENTO LAWYER | Fall 2020 | www.sacbar.org
ers. OPD Law Day Dinner Directors Rebecca Whitfield, Kevin Quade, and Robyn Riedel effectively transitioned OPDâ&#x20AC;&#x2122;s annual in-person dinner to a moving and interactive virtual awards ceremony, with assistance from California Court of Appeal Justice Elena Duarte. During the 2019-2020 academic year, OPD sent judge-attorney volunteers to discuss voting rights in over 90 classrooms across the Eastern District of California, reaching over 3,200 students. This last year, OPD is proud to announce that it expanded to Bakersfield with support from US Magistrate Judge Jennifer L. Thurston, reaching over 200 students across six classes at South High School. In Sacramento, OPD
sent volunteers to 60 classrooms in 12 high schools, reaching over 2,000 students at C.K. McClatchy High School, Elinor Hickey High School, Florin High School, George Washington Carver School of Arts & Science, Grant Union High School, John F. Kennedy High School, Luther Burbank High School, Natomas Charter School, Natomas Pacific Pathways Prep, Rio Americano High School, Sacramento New Technology, and home school students. In Fresno, OPD sent volunteers to 25 classrooms in four high schools, reaching over 1,000 students at the Center for Advanced Research and Technology, Edison High School, McLane High School, and Roosevelt High School. OPD expanded to Fresno in 2017, with US District Court Judge Dale A. Drozd as its leading judicial partner and support from California Court of Appeal Justice Donald Franson and the Fresno Civic Engagement Committee. Though OPD’s plans to expand to Redding this spring were put on hold by the pandemic, OPD looks forward to bringing OPD further north to Redding, and to continue OPD in Chico. This year, the highlight of OPD’s Law Day celebration was a special video presentation by over 40 judges, attorneys, and teachers who volunteer with OPD in Sacramento, Fresno, and Bakersfield. The judg-
Painting by Riley Massey.
Pictured from left to right: Rom Acra, John F. Kennedy High School, a winner of the Frank C. Damrell, Jr. Lawyers’ Choice Award; Michelle Herrera, Florin High School, Honorable Mention winner; Simerjit Kaur, Natomas Pacific Pathways Prep, a winner of the Justice Puglia Award for the Most Original and Inspirational Essays; and Juana Zavala, C.K. McClatchy High School, and Honorable Mention winner.
es, attorneys, and teachers shared the importance of civics and why they volunteer for OPD, providing encouragement and inspiration for students and all attendees. This video presentation can be viewed at opdcivics.org. High school students also participated in OPD’s virtual celebration. An OPD student awardee from Natomas Pacific Pathways Prep (NP3), Michaela Del Pozo, and her classmates in the NP3 choir sang the national anthem, and other OPD student awardees recited the Pledge of Allegiance.
The Master of Ceremonies, Chief Judge Kimberly J. Mueller, Eastern District of California, and OPD’s Executive Chair, Chi Soo Kim, provided welcoming remarks. Chief Justice of California Tani Cantil-Sakauye and California Secretary of State Alex Padilla provided remarks on the importance of civics and voting rights, inspiring students and attendees. At the celebration, OPD honored 35 students from the Sacramento region. OPD’s essay and art contests ask students to interpret and
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Pictured from top left: Hon. Elena Duarte, Hon. Morrison England, Hon. Dale Drozd, Hon. Ron Robie, Hon. Russell Hom, Hon. Larry Brown, McClatchy High School Teacher Ellen Wong, Hon. Jennifer Thurston, Hon. Emily Vasquez, and Hon. David Gottlieb.
respond to the dialogue curriculum celebrating voting rights by focusing on the Fourteenth Amendment, which granted citizenship to all persons born or naturalized in the United States — including former slaves — and guaranteed all citizens “equal protection of the laws.” Chief Judge Mueller and Kim announced the student winners of OPD’s essay and art contests individually, providing a brief biography of each student awardee and the student’s description of their essay and artwork. All student winners were provided with a monetary award to assist them in their future education plans. Sacramento Superior Court Judge Stacy Boulware Eurie and Scott Wyckoff, Directors of OPD’s Story of America Essay Contest, led a group of attorney and judge volunteers to review and select student winners. With the generous support of OPD’s sponsors, OPD awarded $10,050 to 27 local high school student winners for OPD’s essay contest. Student
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awardees included Rom Acra, who founded the Filipino Club at John F. Kennedy High School and was awarded the Frank C. Damrell, Jr. Lawyers’ Choice Award. Rom also participated in the ceremony by reciting the Pledge of Allegiance and shared that doing so was the first time he participated in the reading of the pledge after immigrating from the Philippines just two years ago. Carmen-Nicole Cox and Emily Patterson, Directors of OPD’s Modern Masters of America Art Contest, successfully held OPD’s art contest virtually this year. OPD Founder Judge Frank C. Damrell Jr. (Ret., Eastern District of California), Vallene Hardman, and Heather Thomas served as art contest judges. OPD awarded $3,100 in awards to eight local high school students. Natomas Charter School senior, Riley Massey, won the Platinum Award of $1,000 for a moving painting titled “Our Past, Our Present.” Riley explained that people throughout history have had to fight
SACRAMENTO LAWYER | Fall 2020 | www.sacbar.org
for their rights, and Riley's painting demonstrates moments in history when changes were made that help promote equality. One of the silver linings of holding OPD’s award celebration virtually was that Riley’s family outside of California was able to participate and celebrate Riley’s achievement. OPD was able to achieve its mission to promote civics and to engage judges and lawyers in a civil dialogue with students about the United States Constitution and participation in our democracy through the dedication of its board, local teachers, volunteer judges, volunteer attorneys, and the support of the Sacramento County Bar Association, Women Lawyers of Sacramento, numerous local law firms, organizations, and individuals as sponsors. OPD is continuing its critical civics mission during the pandemic by bringing judges and lawyers into virtual classrooms across Sacramento, Fresno, Bakersfield, and the Central Valley of California.
SACRAMENTO COUNTY BAR ASSOCIATION
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Litigation, Environmental
Education
Insurance
Litigation, Employment
DIVISIONS Barristers’ Division SCBA members who are under the age of 36 and have been practicing law for under 5 years. Philanthropy Division SCBA members who want to “do good” in the community in a non-legal fashion, such as serving food at a soup kitchen or assisting with food or clothing drives. The Division will connect members with current volunteer opportunities and organize groups to work at specific charity events. Solo/Small Practice Division SCBA members who are attorneys in their own firm or small firm (four or less). Wellness Division SCBA members who enjoy running, hiking, biking, or other athletic challenges and overall wellness. The Division will connect members with local events, may organize teams or ride shares for those events, and plan SCBA wellness week.
SCBA Fee Arbitration Program I would like an application to join the Mandatory Fee Arbitration Program
SCBA LRIS I would like an application to join the Lawyer and Referral Information Service Panel
Workers’ Compensation Other:_____________________________
COMMITTEES | Select any committee box to obtain additional information. Committees develop policy options for the board and recommend actions for its consideration and approval. Participation on committees is a worthwhile contribution to the Sacramento legal community and to the public. A brief description of each committee follows. Please indicate any committees for which you would like to obtain additional information.
Annual Meeting – Organizes the SCBA Annual Meeting. Bench Bar Reception – Organizes the Bench Bar Reception. Bylaws – Makes recommendations to the board regarding the currency of the SCBA’s Bylaws through a process of review and revision. Changing Legal Industry – This committee monitors legal industry change and helps bring relevant information to our Members. Delegation to CCBA – Organizes delegates and SCBA participation at the Conference of California Bar Associations; drafts and reviews resolutions. Diversity Summer Fellowship – encourages the hiring and retention of minority legal professionals through Summer Associates Program. Electronic Media – Develops policies and procedures governing the use of electronic media by the SCBA, its sections and committees. Ethics – Writes articles for the Sacramento Lawyer Magazine, which may include a MCLE component informing the SCBA Membership of recent ethics opinions, changes (or proposed changes) in law, and emerging trends. Creates guidelines for when or how ethics opinions may be issued, if any.
International Human Rights & Domestic Crimes Against Humanity – Educates the public and members of the legal community about issues related to international human rights and domestic crimes against humanity. Judiciary – Evaluates the qualifications of candidates who seek appointment to judicial positions pertaining to Sacramento County. Lawyer Referral and Information Service – Governs policies concerning lawyer referrals made to the public. MCLE – Oversees and advises the board about MCLE credit. Membership – Oversees and advises the board about member benefits and organizational marketing. Nominating Committee – Nominates a slate of candidates for election as board members and recommends SCBA award recipients. Pro Bono – Advises the board about, and operates, the SCBA’s pro bono program. Sacramento Lawyer Magazine Editorial – Assists with editing the Sacramento Lawyer Magazine.
Remit by mail/email/fax to Sacramento County Bar Association at 8928 Volunteer Lane, Suite 250, Sacramento, CA 95826 Email: mfenchen@sacbar.org or sign up on line at www.sacbar.org. Phone 916.564.3780 Fax 916.564.3787 Page 2 of 2
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 www.sacbar.org | Fall 2020 | SACRAMENTO LAWYER
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SCBA
S A C R A M E N T O C O U N T Y B A R A S S O C I AT I O N
8928 Volunteer Lane, Suite 250 Sacramento, CA 95826
2021
IT'S TIME TO RENEW YOUR SCBA DUES Thank you for your continued support. We look forward to serving you in 2021. https://sacbar.org/become
THE SCBA HAS MOVED 8928 Volunteer Lane, Suite 250 Sacramento, CA 95826
