Lawyer SACRAMENTO
SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
WINTER 2021
2022 SCBA President
Bryan Hawkins www.sacbar.org
POWERING
PAYMENTS FOR THE Trust Payment IOLTA Deposit Amount
$ 1,500.00 Reference
NEW CASE
LEGAL INDUSTRY
The easiest way to accept credit card and eCheck payments online.
Card Number
**** **** **** 4242
Powerful Technology
Developed specifically for the legal industry to ensure comprehensive security and trust account compliance
Powering Law Firms
Plugs into law firms’ existing workflows to drive cash flow, reduce collections, and make it easy for clients to pay
Powering Integrations
The payment technology behind the legal industry’s most popular practice management tools
Powered by an Unrivaled Track Record
15 years of experience and the only payment technology vetted and approved by 110+ state, local, and specialty bars as well as the ABA
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
ACCEPT MORE PAYMENTS WITH LAWPAY 877-759-4525 | lawpay.com/sacbar
INDEX SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
WINTER 2021 VOLUME 121, NUMBER 4
Lawyer SACRAMENTO
PRESIDENT’S MESSAGE 6
Gratitude
COVER STORY 8
Bryan Hawkins SCBA President for 2022
FEATURE ARTICLES 13 Justice Laurie M. Earl Confirmed To The Third Appellate District 14 The California Judicial Mentor Program Photo by Milenko Vlaisavljevic
16 Making History, Oona Mallett Becomes the First Female Managing Attorney at the Third District Court of Appeal CAPITAL PRO BONO 11 Expungement Project Reboot IN MEMORIAM 15 McGeorge School of Law Community Mourns Passing of Longtime Professor
EDITORS Ellen Arabian-Lee Arabian-Lee Law Corporation EDITORS EMERITAE Betsy Kimball Heather Hoganson Editor@sacbar.org
4 4
PRODUCTION DESIGN Milenko Vlaisavljevic milenko@sacbar.org
ADVERTISING SALES, MEMBERSHIP, EVENTS, MEMBER CLASSIFIED ADS Barbara Souza 916-564-3780 bsouza@sacbar.org
SACRAMENTO LAWYER | Winter 2021 | www.sacbar.org
SCBA OFFICERS Bryan Hawkins - President Andi Liebenbaum - Vice President Penny Brown - Secretary Connor Olson - Treasurer FEE ARBITRATION Larry Doyle (916) 604-9726 feearb@sacbar.org
6
12
10
15 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. 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.
15 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 2021 by the Sacramento County Bar Association.
www.sacbar.org | Winter 2021 | SACRAMENTO LAWYER
5 5
PRESIDENT’S MESSAGE
Gratitude
Bryan Hawkins,President, Sacramento County Bar Association
By Bryan Hawkins
I am honored to represent the Sacramento County Bar Association (SCBA) in 2022. While I have many goals and ideas for this year, the theme of my tenure is gratitude. I am grateful for the SCBA board for their time and dedication. I am grateful to the SCBA’s amazing staff – Milenko Vlaisavljevic, Larry Doyle, and Barbara Souza – who have done and continue to do amazing work under the most demanding of circumstances. I am grateful to the judges for their continued support and leadership. But most of all I am grateful to the SCBA’s members. The SCBA exists for you and to assist you in practicing law and serving your clients to the best of your abilities. My number one priority is to continue to show you not only how much we value your membership but also the value of that membership to you. We are cautiously optimistic that after the long hiatus we will be able to resume in-person events this year. We know that would come as very welcome news to many of you who are looking for the collegiality and camaraderie that comes from being in the same room together. We are all keeping our metaphorical fingers crossed! Regardless, and until that time comes, the SCBA and its sections will continue to offer webinars and other virtual events to section members to ensure that everyone is up to date on the ever-changing landscape of California law. As many of you know, for the
6
past two years, the SCBA and its board have been running triage on a number of outstanding issues. I am very happy to report that a significant number of those issues have now been addressed. Accordingly, we are looking forward to spending more time refining and possibly expanding some of our existing programs. This includes the possibility of expanding the mandatory fee arbitration program to counties outside of Sacramento. We are also currently discussing
SACRAMENTO LAWYER | Winter 2021 | www.sacbar.org
the best way to ensure that all of you receive consistent and timely information regarding the comings and goings of the Association and our affiliate organizations, which include discussions about the Sacramento Lawyer Magazine and the weekly newsletter. Again, I want to thank you all for your continued support and am looking forward to 2022 and its promises of no (or at least fewer) Zoom meetings.
Local Solutions. Global Reach.
COVER STORY
Bryan Hawkins
SCBA President for 2022 By Judge Sean P. Dabel
Hon. Sean P. Dabel, Judge, Superior Court of San Mateo County, assigned to the Criminal and Appellate Divisions.
I
am happy to write an introduction for Bryan Hawkins, your incoming President of the SCBA for 2022 - someone I have been proud to call a classmate, roommate and longtime friend. Bryan grew up in Dallas, Texas and remembers developing a love of reading at a young age, with a particular fondness for comic books and Stephen King novels. His mother, a public school teacher, and his father, an electrician, instilled in Bryan a deep respect for education, service, and hard work and supported his love of reading. He attended Jesuit College Preparatory School from 1994 until 1998. It was at this point that Bryan developed a new passion – B rate horror movies. After knowing Bryan for twenty years and being dragged to countless terrible horror movies, I can personally attest to the long-standing nature of this passion. Bryan’s grades at Jesuit led one of his teachers to recommend that he take a look at Santa Clara
8
SACRAMENTO LAWYER | Winter 2021 | www.sacbar.org
Bryan and Judge Dabel in Washington in 2008
University. That recommendation, along with yet another typical Texas Summer (100+ degree temperatures for dozens of consecutive days) led Bryan to make the move to California and attend Santa Clara University sight unseen. In 2002, Bryan graduated from Santa Clara and, with his Political Science degree in hand, decided to attend law school at the University of California, Davis King Hall School of Law.
Fly fishing in Park City, UT 2018
Bryan and I first crossed paths as first year students in 2002. At the end of our first year, Bryan was selected for Law Review where he became an Articles Editor. Bryan always possessed a quiet self confidence that served him well through the emotional whirlwind of the law school experience. Bryan and I became roommates midway through our law school experience. After graduation in 2005, Bryan moved to San Francisco where he worked as an associate at Allen Matkins. During that time, he also served as a Deputy District Attorney for San Francisco County for several months. In 2011, Bryan transitioned to Stoel Rives in Sacramento where he became a partner in 2018. Bryan has been fortunate to have a wide range of litigation experience handling criminal and civil matters through motion practice, as well as both bench and jury trials. His current practice focuses on Labor and Employment where he represents various California employers. Bryan is also engaged in a num-
Bryan and Elizabeth at UC Davis Law School Graduation 2005
ber of civic activities outside of the SCBA. He frequently speaks on employment issues, including with the Davis Chamber of Commerce, which recently recognized Bryan as the recipient of its Member of the Year Award for 2021. Bryan also contributes his time and expertise to the Sacramento Ballet, where he is a member of its Advisory Committee. Bryan was also recently asked to join the Judicial Advisory Committee of the Eastern District of California. Another classmate, Elizabeth, started dating Bryan during law school. They were married in 2009 and are raising three amazing young women. Similar to most, the ongoing pandemic has made parenting more difficult than it already is, but Bryan is blessed to have an amazing partner in Elizabeth and was never more impressed than watching her homeschool their two oldest children during the heart of the pandemic in the 2020-2021 school year. With normalcy slowly returning, Bryan is happy to drop them back off at school and head into the office after working from home for more than a year.
www.sacbar.org | Winter 2021 | SACRAMENTO LAWYER
9
Bryan and Elizabeth at School Auction 2019
Bryan has been active and in-
volved with SCBA since 2011. His first position in SCBA was as a Member in Large. Following that, he
became
Secretary/Treasurer.
He then served as the Second Vice President and then First Vice President. With the anything but massive amount of free time he has, Bryan tries to read as much as he can (including a few comic books here and there) and is wholeheartedly enjoying the current glut of Marvel movies. He also loves watching his children grow and is constantly amazed at how much can change in a matter of years. Bryan said that he is ready to get to work for SCBA and he has a number of areas that he would like to focus on. First, he indicated that he would like to assist in providing increased benefits to the members to thank them for all of their support during the past few difficult years. Also, he would like to strengthen the connection between the attorneys in the various
Bryan and his daughters in 2021
10
SACRAMENTO LAWYER | Winter 2021 | www.sacbar.org
bar sections with the bench officers serving in the county. He hopes that this increased engagement can help the members and judges work together to better serve the community. Finally, Bryan wants to emphasize ways in which SCBA members can give back to the community by providing efficient and meaningful opportunities for philanthropic engagement. He would like to recommit to SCBA’s legacy of being a leader in both the civic and legal community. Bryan hopes that 2022 will provide an opportunity for SCBA members to reconnect as well as establish new relationships. I wish him well in these endeavors and believe from my personal experience and knowledge of Bryan’s diligence and commitment to service, SCBA will be on a bright path for 2022.
CAPITAL PRO BONO
Heather Tiffee, Managing Attorney of Capital Pro Bono.
A
fter a three year hiatus, Capital Pro Bono has revived its Misdemeanor Expungement Project and needs attorney volunteers to assist with interviewing clients and preparing expungement petitions. No experience is needed, as our staff will provide training. While receiving an expungement does not remove all evidence of a conviction from one’s record, it
Expungement Project Reboot By Heather Tiffee does dramatically increase their ability to qualify for jobs and housing that would otherwise be unavailable to them. We will initially be focusing on Sacramento County convictions, but hope to be able to address convictions in many of the surrounding counties by the end of the year. Please contact Managing Attorney, Heather Tiffee, at htiffee@capitalprobono for more information
on how you can get involved. Or contact us through our website: capitalprobono.org.
SAVE THE DATE 15th Annual Diversity Law Student Reception September 10, 2022 1-4 pm in Davis Tentatively in person and more details to come REMARKS BY: Ninth Circuit Court of Appeals Judge Consuelo Callahan Chief Justice of California Tani Cantil-Sakauye Judicial Appointments Secretary Luis Céspedes
www.sacbar.org | Winter 2021 | SACRAMENTO LAWYER
11
FEATURE ARTICLE
Justice Laurie M. Earl Confirmed To The Third Appellate District By Justice M. Kathleen Butz (Ret.)
Justice Laurie M. Earl
O
n January 6, 2022, the Honorable Laurie M. Earl was sworn in by Chief Justice Tani Cantil-Sakauye to the Court of Appeal, Third Appellate District, making history as just the ninth woman to serve in the court’s 117-year history, and its first openly gay justice. The Commission on Judicial Appointments (Commission), composed of Chief Justice Cantil-Sakauye, Attorney General Rob Bonta, and Administrative Presiding Justice Vance W. Raye, convened virtually to receive the evaluation of the Commission on Judicial Nominees Evaluation (JNE Commission), which found Justice Earl exceptionally well qualified for the appellate bench. The 2021
12
JNE Chair, Stella Ngai, described Justice Earl as possessing “qualities and attributes of remarkable or extraordinary superiority” for the appellate court. The Commission’s unanimous vote to confirm Justice Earl quickly followed. While missing the intimacy of an in-person hearing with the nominee’s family and friends present, her transition from Sacramento Superior Court judge to appellate justice was nonetheless a moving and happy occasion. Speakers described the warmth, character, graciousness, courage and substantial legal talents of Justice Earl. Associate Justice Marsha Slough, Court of Appeal, Fourth Appellate District, Division Two, served with Justice Earl when Earl co-chaired the Judicial Council’s Trial Court Budget Advisory Committee, which in 2013 developed a historic new funding allocation methodology based on resource utilization and funding need, a method still in use today. Under the methodology, some courts agreed to accept a reduced percentage of funding in order to achieve more equitable funding for all trial courts. Justice Slough attributed the initiative’s success to Justice Earl’s leadership and her “deep sense of care for doing the right thing in the right way.” In a letter
SACRAMENTO LAWYER | Winter 2021 | www.sacbar.org
Justice M. Kathleen Butz (Ret.), Court of Appeal, Third Appellate District – civil litigator, Nevada County trial judge, and appellate justice for 38 years.
to the Commission, Fresno County Superior Court Judge Jonathan B. Conklin also emphasized Justice Earl’s vital role in bringing the trial courts together on the funding formula. Sacramento County Superior Court Presiding Judge Michael G. Bowman spoke of knowing Justice Earl for almost 30 years, going back to the time that he was a private criminal defense attorney opposing Justice Earl who then worked as a Deputy District Attorney for Sacramento County. He later appeared before her when she was elevated to the bench, and in 2013 joined her on the bench. He describes her as “always staunchly ethical in her representation and consistently act[ing] with an eye toward justice . . . she was grace under fire.” As a judge, he stated, “she takes the job seriously without taking herself too seriously,” concluding that she “will make an excellent justice because she is already an excellent judge, and as equally if not more importantly, she is an excellent person.” Justice Earl mentored Sacramento County Superior Court Judge Shama Hakim Mesiwala when Judge Mesiwala was assigned to the juvenile dependency court. Judge Mesiwala described Justice Earl’s “humanity and humility”
and shared insight into Justice Earl’s personal life. During time as an attorney and trial judge, Justice Earl was raising two sons, Josh and Sam, with her partner, and now wife, Jody Cooperman. Their older son, Josh, remembers being on a family road trip when the short time frame opened for his parents to marry. They asked their sons what they thought. The boys response: “YEAH, totally.” It was a go, and the wedding took place in their Sacramento backyard. Jody characterizes her wife as the goal-directed stable force of the family. Her younger son, Sam, describes his mom as “an all-around joyful person. She deals with so many hard things in her job every day, but she still comes home with that light.” Many supporters noted her diverse background and the strong work ethic she brings to the court. After obtaining a B.A. in Political Science at UC Berkeley in 1983, she worked full time while attending Lincoln Law School, earning her J.D. in 1988. Her first job out of law school was as an assistant public defender for the Sacramento County Office of the Public Defender for six years. She then moved to the Sacramento County District Attorney’s Office, serving as a deputy district attorney for nine years. She served briefly as the Northern California Regional Director of the State Office of Inspector General’s Bureau of Independent Review, supervising attorneys and investigators in review of the California Department of Corrections and Rehabilitation’s use-of-force incidents and internal policies and procedures. In 2005, Governor Arnold Schwarzenegger appointed her to the Sacramento County bench. Justice Earl’s 16 years on the trial bench were no less diverse,
presiding over criminal trial departments and eventually becoming supervising judge for that department. In 2008, she was elected to serve as Assistant Presiding Judge, serving for two years, followed by her election as the court’s Presiding Judge. In addition to the range of administrative and procedural issues, she also dealt with personnel and labor negotiations attendant to the steep budget cuts that hit the courts following the Great Recession. After her term ended, she returned to a general trial assignment (criminal and civil matters). She identifies as one of her best experiences as a judge the four-year assignment in the Juvenile Dependency Department. Thereafter, she transferred to a mixed criminal and civil courtroom, presiding over criminal trials and handling civil writs, which permitted her to focus on more complex questions of law. She has shared her expertise with countless law students and judges through her teaching of Criminal Law and Procedure at Lincoln Law School since 2014, and multiple courses for judges through the California Judicial Education and Research (CJER) arm of the Judicial Council, including New Judge
Orientations since 2013, and sessions on LGBTQ Youth in Foster Care. Among the letters of support sent to the Commission, both Associate Justice Ronald B. Robie of the Court of Appeal, Third Appellate District, and Judge Helena R. Gweon of the Sacramento County Superior Court, singled out Justice Earl’s extraordinary skill at devising systems to keep the court effectively functioning during the height of the COVID-19 pandemic. In her closing remarks to the Commission, Justice Earl said: “I share with our Governor the value that judges and justices should look like and have similar life experiences as the litigants who come before us in trusting us to resolve their conflict. The diverse fabric of our community demands as much and I believe lends trust between the judiciary and the public.” Justice Earl’s new colleagues will be enriched by her company, wrote Judge Gweon. And former colleague, Sacramento County District Attorney Anne Marie Schubert, wrote that California will be well served with Justice Earl’s appointment to the Third Appellate District, expressing the heartfelt sentiment “Bravo for justice.”
Sam Cooperman-Earl, Justice Earl, Josh Cooperman-Earl, and Jody Cooperman www.sacbar.org | Winter 2021 | SACRAMENTO LAWYER
13
FEATURE ARTICLE
The California Judicial Mentor Program By Judge Shama Hakim Mesiwala
M
any of us who are judges struggled with even submitting our judicial applications. Are we qualified enough to apply? How does the appointments process work? And how do we approach filling out the daunting written application? If any of you have similar questions, I encourage you to apply to become a mentee in the California Judicial Mentor Program. This statewide program has local branches throughout California and is a collaboration between the Office of Governor Gavin Newsom and the state judiciary. Our local branch includes Sacramento, Yolo, and El Dorado Superior Courts. We pair a mentee attorney who is interested in becoming a judge with a mentor judge, usually in one of those counties. The mentor judge will help demystify the judicial appointment process, answer questions about the judicial application, and may suggest new experiences to improve the mentee’s skills. The mentee’s participation in the program is confidential, so one’s employer, colleagues, and even other judicial officers are not aware of the mentee’s participation in the program.
14
The program was started in Los Angeles and was the vision of then Judicial Appointments Secretary Martin Jenkins. That vision has been robustly carried forward up and down our state by current Judicial Appointments Secretary Luis Céspedes. The Governor’s Office wants to expand the pool of qualified judicial applicants from diverse legal backgrounds and diverse communities. It believes that this program may help encourage prospective applicants to complete the application process, particularly those who may self-select out of the application process. There are currently branch programs in Los Angeles, our region, the Central Valley, the Bay Area, and San Diego. The goal is to include every county in the state. So how do you become part of the California Judicial Mentor Program? You apply. Each region has slightly different requirements to qualify, and in the Sacramento region, an applicant must be a lawyer in California for least 10 years, must be in good standing with the Bar, must be committed public service, and must not have yet applied for a judicial appointment to Governor Newsom’s adminis-
SACRAMENTO LAWYER | Winter 2021 | www.sacbar.org
Hon. Shama Hakim Mesiwala, Judge of the Sacramento County Superior Court and local chair of the California Judicial Mentor Program
tration (applications to previous administrations are not disqualifying). You get the application by emailing californiajudicialmentorprogram@saccourt.ca.gov. We aim to match mentees to mentor judges who have common areas of legal practice, common affinity bar memberships, and other similar interests. Once the mentorship match is made, the formal pairing lasts 12 months. The match is designed to help in the mentee’s career development and in preparing an application. It is not designed to give mentees an inside track. And applicants who do not participate are not disadvantaged. If you are on the fence about applying, if you need more information about the judicial application process, or you just need to talk to a judge about whether the judiciary may be the right career path for you, I encourage you to apply to the program. And if there is a better fit geographically that may serve your needs and you can’t find that region’s California Judicial Mentor Program on the Internet, please email our branch program at the above email address. We are here to serve.
IN MEMORIAM
McGeorge School of Law Community Mourns Passing of Longtime Professor By Ashley Golledge
Professor Joseph “Joe” Taylor.
Photo courtesy of University of the Pacific McGeorge School of Law. First published on December 31, 2021 by the University of the Pacific McGeorge School of Law Newsroom. Republished here with permission.
T
he University of the Pacific McGeorge School of Law community is mourning the passing of longtime professor Joseph “Joe” Taylor, who died Dec. 24 in Sacramento after a long illness. He was 88. Taylor taught Trial Advocacy courses at McGeorge School of Law for 22 years, from when he started teaching in 1992 until his retirement in 2014. During his tenure at the law school, Taylor helped shape the minds of thousands of young lawyers. “Joe was a vital and valued mentor. He built the Trial Advocacy and Mock Trial Competition programs into their powerhouse position, leading to McGeorge’s No. 8 national ranking,” said Cary Bricker, Director of McGeorge’s Eglet Center for Advocacy and Dispute Resolution and Noël M. Ferris,
Ashley Golledge, Director of Marketing and Communications, University of the Pacific McGeorge School of Law. She can be reached at agolledge@pacific.edu.
Professor of Trial Skills. “He was endlessly generous with his time and talent to his students and colleagues alike.” He served as director of the school’s trial advocacy program for seven years and as chair of the school’s Advocacy Committee for four years. “Joe was remarkable, especially for his creative imagination. He generated countless ideas for improvement and innovation, including the National Ethics Trial Competition, the First-Year Ben Frantz Competition, and Focused Decision Jury Consulting,” said Professor Emeritus Jay Leach, who joined Taylor in 1996 and succeeded him in his directorships upon Taylor’s retirement. Prior to entering academia, he served as a prosecuting attorney for 22 years in both the Sacramento District Attorney’s Office and the Ventura District Attorney’s Office. He also served as the Riverside County Public Defender for five years, where he managed a law office of 77 attorneys, over 200 employees, nine offices, and a $9 million budget. Throughout his career, he tried over 150 felony jury trials to verdict. He tried a number of pro bono criminal defense and prosecution trials. Taylor authored or co-authored 13 trial practice case files, 11 of which were published by the National Institute for Trial Advocacy and LexisNexis. One of the case
files was based on the controversial suicide ruling in the death of rock star Kurt Cobain. He demonstrated his passion for advocacy through public service and volunteerism. Taylor served as a pro-tem judge on the Sacramento County Superior Court for 14 years. Taylor co-founded both the Sacramento County Management Association and the California District Attorneys Association. Taylor won many accolades and awards during his career. Notably, he was selected as the State of California Prosecutor of the Year in 1982 and McGeorge’s Professor of the Year in 2004. “Joe was a beloved presence at our law school. He was a brilliant professor, leader, and colleague,” said McGeorge Dean Michael Hunter Schwartz. “He was a role model to many, and he will be dearly missed by the McGeorge community.” He earned an undergraduate degree from California State University, a JD from Loyola University School of Law in 1961, and an MBA from Pepperdine University in 1986. During retirement, Taylor remained active through his love of bicycling and won multiple racing trophies in his division. He also enjoyed tandem biking with his wife, Susan. A memorial service will be held at a time and date to be announced. Remembrances can be posted on McGeorge’s Facebook page.
www.sacbar.org | Winter 2021 | SACRAMENTO LAWYER
15
FEATURE ARTICLE
Making History, Oona Mallett Becomes the First Female Managing Attorney at the Third District Court of Appeal By Justice Elena J. Duarte and Tim Schooley
Oona Mallett. Photos courtesy of Tim Schooley
A
t the end of last year, Oona Mallett was promoted to managing attorney of the Court of Appeal for the Third Appellate District, becoming the first woman to serve in that position in the court’s history. With appeals coming to the Third District from twenty-three counties, the court has the highest incoming appellate caseload in the state, and it contin-
16
ues to increase as the populations of Sacramento County and other northern California counties continue to grow. And, as the court’s docket has grown, the number of central staff attorneys has also increased, and the job of the managing attorney has become increasingly complex. In her new role, Oona takes her place on the Third District’s man-
SACRAMENTO LAWYER | Winter 2021 | www.sacbar.org
Hon. Elena J. Duarte is an Associate Justice of the Court of Appeal, Third Appellate District. Tim Schooley is the recently retired managing attorney of the Court of Appeal, Third Appellate District.
agement team. According to the Clerk/Executive Officer of the Third District, Andrea Rohmann: “It’s a proud time to be a woman in the court and part of the Third District Court of Appeal’s first all-female management team, to include the Managing Attorney, Clerk Executive Officer, and Assistant Clerk Executive Officer. I look forward to the day when this isn’t considered a monumental moment and instead just common practice. But today we should give pause and recognition as we continue to chip away at the gender gap.” At age 40, Oona is already a veteran at the Third District, having worked in every attorney position at the court. While a student at McGeorge School of Law, Oona worked as an extern for retired Associate Justice Kathleen Butz. “Oona served as my chambers extern for the Fall Semester 2008,” says Justice Butz. “During her semester, she prepared memorandum opinions in both criminal and civil cases. It was clear she understood appellate review, was a thorough researcher, and could write clearly and concisely, regardless of the difficulty of the legal issue.” After graduating from law school in 2009, Oona took a position as an associate attorney at the Kroloff firm in Stockton. There, Oona did both transactional work regarding corporate formation and real property planning, and civil litigation
in the areas of medical malpractice, from chambers work to a position am very proud of her!” employment law, contracts, and as a writ attorney with the court. I When her predecessor retired as probate and trust. was sad to lose her contribution to managing attorney at the end of In 2014, Oona was eager to return the smooth running of my cham2021, Oona was the obvious choice to the Third District and applied bers but understood her value to for the position. According to the for an open staff attorney position. the court and wished her well as court’s Administrative Presiding She was hired onto the court’s censhe learned the work of the writ Justice, Vance Raye: “In my 30+ tral staff, where she worked for COUNTY all staff. I had no doubt where she years with the court, the Third SACRAMENTO BAR ASSOCIATION MAGAZINE eleven justices preparing prelimwas headed. She is competent, District has been blessed with out1329 Ave., #100 Sacramento, CA 95825 425 University Ave., Suite 120 ••Sacramento, CA 95825 inary draft opinions inHowe criminal hardworking, collegial, and a true standing managing attorneys. I am appeals. But when a vacancy came leader. These qualities will serve confident that Oona Mallett will open on Justice Butz’s staff, the jusher well as the court’s newest and continue in that tradition. She is tice quickly recruited Oona as one first woman managing attorney. I a remarkable legal talent who disof her two chambers attorneys. In that role, Oona helped draft opinions in both civil and criminal appeals, working with Justice Butz on nearly one hundred appellate court opinions. Superior Court of CA, County of Sacramento (Ret.) Justice Butz explains that she and Oona formed a great working bond • Business & Commercial the semester when she worked for her as an extern. “So, when she ap• Real Estate plied to return to the court some five years later as a central staff • Partnership & attorney, I was delighted. After Shareholder Disputes her hiring, I was fortunate to have • Construction Defects her start as my chambers attorney, where she was hugely talented and • Complex Civil Litigation efficient, and very effective as a supervisor/mentor for my student externs. She also served on several internal court committees, always providing trusted and valuable input.” Oona’s stellar work on the State Commissioner of Corporations - Three years court’s central staff and in Justice Butz’s chambers was recognized by the justices at the court. When a Employment & Labor Member, AAA Panels on: position came open on the court’s Commercial & Complex Civil writ attorney staff, in 2018, Oona was a natural fit for the team. The court’s writ attorneys handle some of the court’s most time-sensitive Judge Brian R. Van Camp, Ret. and complex applications, includFREE for SCBA Members ing petitions for writs of mandate, Office: (916) 515-8442 Cell: (916) 425-1469 prohibition, and habeas corpus. In $100 for Non-Members addition to helping the justices re2443 Fair Oaks Blvd. #397 • Sacramento, CA 95825 1 Hour Ethics - Topic: “Attorney Fees, solve writ petitions, Oona also bePractically and Ethically” brvc@vancampadr.com gan to provide backup support for the court’s managing attorney. Again, Justice Butz: “Oona of Mastagni Holstedt sought my opinion about moving
1/2 Page Ad NOV/DEC Judge Van Camp
SCBA Annual Mee Judge Brian R. Van Camp
Honoring Distinguished Attorney Justice Arthu
Installing Officers & D
Recognizing
REACHING
THE CENTURY MCLE Prior to Annual Meeting
MARK
(916) 515-8442 Speaker: Kenneth Bacon VanCampADR.com 10:30-11:30am
Requires Knowledge Beyond Our Years17 www.sacbar.org | Winter 2021 | SACRAMENTO LAWYER
D
played her intellectual acumen early in her career with the court. She has been exposed to a wide variety of legal issues while serving as an attorney in chambers and on the court’s writs staff. She handles complexity with ease and is not fazed by even the toughest legal conundrums. And yet she recognizes the talents in others and is not reluctant to tap into those talents when needed to resolve issues. She shares her best with others and brings out the best in them. She works well with people. She will make an excellent managing attorney. Her relative youth will help to ensure that her gifts to the court will endure for many years. We are fortunate to have her.” Oona, a single mother of an adopted son, was born and raised in Sacramento. After graduating from McClatchy High School, she obtained two bachelor’s degrees from the University of the Pacific, one in Spanish, the other in Global Eco-
18
nomic Relations. Oona then continued her education at UC Davis, earning a master’s degree in Spanish with an emphasis in Linguistics. Interested in the history of the evolution of the Spanish language from its Latin roots, Oona thought of a career as a Spanish professor. But she found herself increasingly drawn to the law. Her desire to find answers to legal questions led her to law school and eventually to the Third District. As mentioned, the position that Oona has now assumed includes a large number and variety of responsibilities that have become increasingly complex as the Third District grows. As the court’s managing attorney, she supervises the work of nearly twenty attorneys on the court’s central staff, with that number projected to grow to as many as twenty-two during the coming year. In addition, Oona evaluates each appeal for its complexity, deciding which appeals
SACRAMENTO LAWYER | Winter 2021 | www.sacbar.org
are first assigned to central staff for evaluation and which go directly to the justices’ chambers. Her work includes supervising other employees on the court’s central staff and in its library, and the employees who staff the court’s appellate mediation program. She also handles daily legal and procedural questions from the court’s clerks regarding the processing of appeals, including advising regarding the appealability of orders and judgments. And she works with the court’s clerk/executive officer regarding policy issues and provides advice upon request to the administrative presiding justice. When asked for comment, Oona says she is delighted to have the opportunity to help manage the Third District. She looks forward to many years at the court in her new job. And the court looks forward to many years with Oona as a key component of its management team.
2022 Judge of the Year Nomination Form PAST JUDGES OF THE YEAR 2021 Hon. Russell L. Hom 2020 Hon. Stacy Boulware Eurie 2019 Hon. Emily E. Vasquez 2018 Hon. Richard K. Sueyoshi 2017 Hon. Kevin R. Culhane 2016 Hon. David Abbott 2015 Hon. Robert C. Hight 2014 Hon. Vance W. Raye 2013 Hon. Laurie Earl 2012 Hon. Judy Holzer Hersher 2011 Hon. David De Alba
You may mail or email the completed nomination form. Handwritten forms need to be legible. You may attach and addendum stating the reasons for your nomination. Clubs, associations or individuals may submit nominations. Self-nominations are not accepted. Eligibility criteria: You must demonstrate that your nominee is: • • • • •
Committed to enhancing the system of justice, the lawyers who serve it, and the community served by it Committed to fair and equitable administration of courts Respected for legal abilities by fellow judges and attorneys who appear before him/her Known for appropriate demeanor and lack of bias Providing service to the Sacramento Community at large
I nominate the Honorable ____________________________________________________________________ of _____________________________________________________________________________ Court as the
2010 Hon. Kimberly Mueller
2022 Judge of the Year for the following reasons: ________________________________________________
2009 Hon. James M. Mize
____________________________________________________________________________________________
2008 Hon. Loren McMaster
____________________________________________________________________________________________
2007 Hon. Morrison C. England Jr. 2006 Hon. Consuelo M. Callahan 2005 Hon. Michael Virga
____________________________________________________________________________________________ ____________________________________________________________________________________________
2004 Hon. Arthur Scotland
____________________________________________________________________________________________
2003 Hon. Michael Garcia
____________________________________________________________________________________________
2002 Hon. Ronald Robie
____________________________________________________________________________________________
2001 Hon. Richard Park 2000 Hon. John Lewis 1999 Hon. Thomas Cecil
____________________________________________________________________________________________ Please identify a case or event within the last five years in which the nominee demonstrated the
1998 Hon. James Long
qualities or attributes that prompted your nomination: ___________________________________________
1997 Hon. Fred Morrison
____________________________________________________________________________________________
1996 Hon. William Ridgeway
____________________________________________________________________________________________
1995 Hon. Charles Kobayashi 1994 Hon. Roger Warren
____________________________________________________________________________________________
1993 Hon. Loren Dahl
Please provide the name and contact information for at least one member of the SCBA who can speak
1992 Hon. James Ford
to that same case or event: ___________________________________________________________________
1991 Hon. Rudolph Loncke
____________________________________________________________________________________________
1990 Hon. Milton Schwartz 1989 Hon. Joseph De Cristoforo 1988 Hon. Cecily Bond
Please provide the name and contact information for at least two members of the SCBA who have appeared before (JOY) within the last five years: _________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________
Please submit your Nomination Form via email to bsouza@sacbar.org or mail it to: 8928 Volunteer Lane, Suite 250 Sacramento, CA 95826 Nominations must be submitted prior to April 1, 2022 at 5:00 pm.
Letters of recommendation: In order to provide the Nominating Committee with more information, you may attach letters of recommendation or testimonials from other individuals (including lawyers, judges, public officials, or civic leaders) that address one or more of the criteria for the award. Campaigning: Although judges and attorneys are welcome to speak to SCBA board members about Judge of the Year candidates, the SCBA respectfully requests that all input for candidates be submitted through this nomination form, letter or testimonial. Nominated by: ______________________________________________________________________________ Address: ___________________________________________________________________________________ City/Zip: ___________________________________________ Phone: _________________________________ Are you a Sacramento County Bar Association Member?
YES
NO
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
