Sacramento Lawyer Magazine May/April 2017 by Sacramento County Bar Association

Lawyers Who Volunteer Jill Telfer with Ashley & Ella

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Photo by Mark Long-Eleakis & Elder Photography

March/April 2017

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

Ethical Issues for Volunteer Lawyers on Non-Profit Boards News from the Court

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EDITOR’S MESSAGE Ellen Arabian-Lee, Associate Editor

It’s Time to Give Back

his year, our special feature article is on Attorneys Who Volunteer. Our own Editor-in-Chief Betsy Kimball travels to Kenya each year to volunteer with BEADS for Education, a non-profit organization, which works to improve the status of women in Kenya, through girls’ education. For the past two years, I have served as the Guest Editor during her absence, and we have highlighted attorney athletes and attorneys who are musicians and artists. Because of the nature of our work, most attorneys find it difficult to perform “extra” work volunteering. The thought of doing anything in the evenings or on the weekends other than lounging and refueling for the next work week sounds like torture to many. However, as discussed in our article, the benefits of volunteering are great, including adding purpose to our own lives and helping others. My favorite quotes on the benefits of giving back include: “Only a life lived for others is a life worthwhile.” ~ Albert Einstein “From what we get, we can make a living; what we give, however, makes a life.” ~ Arthur Ashe “To know even one life has breathed easier because you have lived. This is to have succeeded.” ~ Ralph Waldo Emerson “The best way to find yourself is to lose yourself in the service of others.” ~ Mahatma Gandhi

EDITOR-IN-CHIEF Betsy S. Kimball Editor@sacbar.org

by Ellen Arabian-Lee

And my very favorite: “Nobody made a greater mistake than he who did nothing because he could only do a little.” ~ Edmund Burke Many attorneys went to law school so that they could help people. Unfortunately, due to the daily pressures of “being practical” (aka, earning a living), we cannot always do as much actual “helping” as we envisioned as younger attorneys. We have highlighted those who have done a lot and those who have touched the lives of only a few. All the volunteer work performed by these attorneys has been significant and important. Even the busiest partners in large law firms have found the time to perform volunteer or pro bono work, and several firms encourage and facilitate volunteer or pro bono work. If these busy attorneys can find time to volunteer, so can you! Attorneys are a special group of people with highly specialized talents and training. Whether we are performing pro bono legal work, or serving food at a soup kitchen, our talents are unique. The attorneys featured in this article perform volunteer work for one reason – to give back. Special thanks to each attorney-volunteer who took the time to be interviewed and, for several of them, photographed for this magazine, and keep up the good work!

SACRAMENTO LAWYER | March/April 2017 | www.sacbar.org

ASSOCIATE EDITOR Ellen Arabian-Lee STAFF EDITORS Bryan Hawkins, Heather Cline Hoganson, Maureen Onyeagbako MAGAZINE COMMITTEE Betsy S. Kimball, Samson R. Elsbernd, David Graulich, Coral Henning, Heather Cline Hoganson, Yoshinori H.T. Himel CREATIVE DIRECTOR Mary J. Burroughs (916) 564-3780 - mburroughs@sacbar.org PRODUCTION DESIGN Milenko Vlajsavljevic ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 - scba@sacbar.org SCBA OFFICERS Sabrina L. Thomas - President Sil Reggiardo - 1st Vice President Sean McCoy - 2nd Vice President Shanae Buffington - Secretary/Treasurer SCBA EXECUTIVE DIRECTOR Mary J. Burroughs - mburroughs@sacbar.org

Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 425 University Ave., Suite 120, Sacramento, CA 95825. Issn 1087-8771. Annual subscription rate: $6.00 included in membership dues, or $24.00 for nonmembers. Periodicals postage paid at Sacramento, California. Postmaster: Send address changes to Sacramento Lawyer, 425 University Ave., Suite 120, Sacramento, CA 95825. Copyright 2017 by the Sacramento County Bar Association. Each author’s commentary reflects his/her individual opinion only and not that of his/her employer, organization with which he/she is affiliated, or Sacramento Lawyer magazine, unless otherwise stated.

CONTENTS SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

MARCH/APRIL 2017 VOLUME 118, NUMBER 2

COVER STORY 18 Attorneys Who Volunteer FEATURE ARTICLES 10 Religious Conviction and Judicial Decisionmaking: Weighing Justice and Mercy 26 Meet the Eastern District’s Newest Magistrate, the “Unflappable” Judge Deborah Barnes COURT NEWS 17 Shama Mesiwala Named Court Commissioner

EVENTS 16 A Beautiful Day for an Important Fundraiser! 28 SCBA’s Indigent Defense Panel Awards Judge Curtis Fiorini and Attorney Kelly Babineau ETHICS 22 Ethical Issues for Attorneys Serving on Non-Profit Boards SECTIONS, AFFILIATES, & BARRISTERS’ NEWS

12 News from CCTLA’s 2017 State of the Court and Judiciary Program 14 Barristers’ Club Update VLSP 8 New Pro Bono Opportunities at VLSP

DEPARTMENTS

4 Editor’s Message 6

President’s Message

COVER Sacramento Lawyer magazine welcomes letters and article suggestions from readers. Please e-mail them to editor@sacbar.org. The Sacramento County Bar Association reserves the right to edit articles and letters sent in for publication. Please contact the SCBA at 916-564-3780 for deadline information, fax 916-564-3787, or email mburroughs@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer magazine become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.

Lawyers Who Volunteer Jill Telfer, Scooter’s Pals

www.sacbar.org | March/April 2017 | SACRAMENTO LAWYER

PRESIDENT’S MESSAGE Sabrina L. Thomas

The Benefits of Volunteerism I

President, Sacramento County Bar Association

by Sabrina L. Thomas

recently read that volunteering offers vital help to people in need, supports worthwhile causes, and benefits the community. Yet, the benefits can be even greater for you, the volunteer. Volunteering and helping others provides a sense of purpose, improves happiness, and gives you a sense of pride and identity. It gives you the opportunity to be a part of something bigger than yourself and use your civic responsibility for the greater good. I encourage you to allow your actions

to be led from a place of passionate intention. That way, you will be more committed to the cause and as a result, your impact will be that much bigger. Not sure where to start in your volunteering journey or looking for a different experience? The the SCBA offers numerous volunteer opportunities including sections, committees, task forces, the SCBA food drive, SCBA Run to Feed the Hungry team, and the Party for a Cause and Pro Bono Celebration pro-

gram, to name a few. And if that’s not enough, at the SCBA January board retreat, I introduced, and the board enthusiastically approved, a new program called the “SCBA Kids Law Day.” The SCBA Kids Law Day specifically targets elementary school children in the 4th through 6th grades. This is the time when kids start to formulate ideas about what they want to be when they “grow up.” I vividly remember deciding to become a lawyer was I was 10 years old. The program will pair an

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attorney with a legal support staff to introduce kids to the legal profession. So if are looking to make a difference, or just get more involved in the SCBA, I invite you to start with the SCBA Kids Law Day. Keep an eye out for more information about the program and how you can make a difference. Remember, volunteers arenâ&#x20AC;&#x2122;t paid because they are worthless, but because they are priceless. So I thank each of you who selfishly lend your time, energy, and devotion to our members and the work we do in the greater Sacramento community.

JUDICATE WEST IS HONORED TO WELCOME HON. MICHAEL G. VIRGA TO OUR EXCLUSIVE ROSTER OF NEUTRALS We congratulate him on his retirement from the Sacramento Superior Court after 23 years of distinguished service. Judge Virga served in many departments during his tenure and is praised for his work in participating and supervising the settlement department for over 10 years where he mediated and co-mediated over 600 cases. He is warmly regarded by his colleagues and both sides of the bar for his open and caring demeanor. He is now available to serve as a mediator and arbitrator in our new Sacramento office.

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VLSP

Vicki Jacobs is the

New Pro Bono Opportunities at VLSP by Vicki Jacobs

Judge Steven Gevercer

wo new volunteer-based projects for attorneys in the Sacramento area are being launched in the first quarter of 2017 by the Voluntary Legal Services Program. VLSP is tasked with providing pro bono opportunities for attorneys to provide free legal services to low income residents of the Sacramento region who would otherwise be unable to afford the assistance of counsel. VLSP, a nonprofit corporation, celebrated its 35th anniversary in 2016 and is a joint project of the SCBA and Legal Services of Northern California. The first new project is the Probate Court Pro Bono Panel. This project, proposed by Judge Steven Gevercer of the Sacramento County Superior Courtâ&#x20AC;&#x2122;s Probate Department, calls for attorneys to provide two types of services pro bono: (1) representation for petitioners seeking guardianships of the person, and (2) representation in

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

The first new project

The second new

is the Probate Court

project is the Estate

Pro Bono Panel.

Planning Clinic.

summary probate proceedings. Judge Gevercer has observed that many self-represented litigants struggle with the requirements of seeking relief in these proceedings and turned to the probate bar for help in assuring access to justice. The project already has recruited over 50 lawyers to represent low income litigants in Probate Court guardianship casesâ&#x20AC;&#x201D;cases which involve family matters, often tragic in nature, affecting our most vulnerable and needy children. VLSP was asked to participate in this project by interviewing prospective clients, making referrals, and providing training and mentors for attorneys new to these particular proceedings. An MCLE guardianship training took place in January for our volunteers. We are grateful to Julia Kaufman, staff attorney for the Probate Court, for her excellent presentation on this topic. We are also grateful to the Probate and Estate Planning Section of the SCBA for its sponsorship of the lunch provided at the training, along with the materials provided to the attendees. The second new project is the Estate Planning Clinic. This project has been spearheaded by attorney Jeff Gal-

vin of Downey Brand LLP and is being jointly sponsored by the SCBA Probate and Estate Planning Section, the Sacramento Estate Planning Council, and VLSP. A volunteer committee, chaired by Galvin, has been planning a monthly clinic where low income individuals will be able to obtain a Will, an Advance Health Care Directive, and a Power of Attorney for property management. The clinic will be held on the first Monday evening of every month at VLSP. Attendees will first listen to an informative presentation about estate planning. Each participant will then meet with an attorney volunteer to discuss the preparation of his or her estate plan. Those who are ready to finalize these basic documents can do so that evening; otherwise, they can return the next month to get their documents prepared. Volunteers from the Sacramento Valley Paralegal Association will be on hand to notarize documents as needed. Many thanks to everyone who has been involved in the planning of these two new projects. If you are interested in finding out more about these volunteer opportunities, please email VLSP Managing Attorney Vicki Jacobs at vlsp@vlsp.org.

SACRAMENTO LAWYER | March/April 2017 | www.sacbar.org

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FEATURE ARTICLE

Douglas Potts is a senior appellate attorney at the Third District Court of Appeal.

Religious Conviction and Judicial Decisionmaking: Weighing Justice and Mercy by Douglas Potts Imam Mohamed Abdul-Azeez, far left, addresses the Sacramento Court/ Clergy Conference as Rabbi Mona Alfi, Father David Suwalsky, SJ, Rev. (Justice) Rodney Davis, & Prof. Alan Brownstein listen

udges and clergy met togethstanding, edification and er at the 2016 Sacramento collaboration between the Court/Clergy Conference to disjudiciary and regional comcuss how religious faith affects munities of faith.” The 2016 their decisions when justice and conference was held at the mercy might demand opposing Salam Islamic Center last fall. results. Commenting on that conJustice Corrigan, along flict, Justice Carol A. Corrigan with Justices Patricia Bamatof the California Supreme Court tre-Manoukian and Nathan said, “While all people of faith are D. Mihara, of the Sixth informed by the richness of their District Court of Appeal, tradition, judges must look open- Justices George W. Nicholson (Third District Court of Appeal), appeared on a panel modCarol A. Corrigan (California Supreme Court), Patricia Bamattrely and honestly at every decision. erated by Rev. (Justice) RodI do not go to cannon law or the Manoukian (Sixth District Court of Appeal), & Nathan D. ney Davis and Prof. Alan Mihara (Sixth District Court of Appeal) at the Sacramento Torah to find the answer. We don’t Court/Clergy Conference Brownstein of UC Davis Law look to dogma, as much as we School. The justices shared think it may be right, to make secpersonal experiences to adsored by the Sacramento County Suular decisions.” dress questions concerning whether perior Court and the California Judges The Sacramento Court/Clergy their religious understanding of justice Association. Its mission is to provide Conference is an annual event sponand mercy influenced their exercise of “a forum for mutual support, under-

SACRAMENTO LAWYER | March/April 2017 | www.sacbar.org

FEATURE ARTICLE judicial discretion, and how they responded when their faith tradition required a result that contravened what the law required. While serving as a municipal court judge, Justice Corrigan sentenced a young man after he pleaded guilty to misdemeanor vehicular homicide. Distracted while driving, he ran into a family in a crosswalk, killing the mother and daughter. Although the maximum sentence for the crime was only one year in county jail, Justice Corrigan believed a balance had to be restored. She sentenced him to substantial jail time and community service. Justice Corrigan remarked, “Judges speak to and for many different audiences. They must take account of the life in front of them, those injured by the tragedy, and the community that gives them the authority to do what they do. They must consider maintaining the trust of those who empower them.” While attending a judicial training on eliminating bias, Justice Mihara and his classmates were asked as part of a hypothetical whether they would grant a request for a young teen to have an abortion without her parents’ consent after meeting with her. Most of the judges in the class would grant the request. Justice Mihara would not. He believed no matter what side of the abortion issue one was on, and no matter what decision the court made, the decision would affect the girl for the rest of her life. He did not know enough to grant the request based only on a 10-minute talk in chambers. As the hypothetical progressed, and the class learned the girl’s boyfriend and family would support her, no judge in the class would grant the request. The incident reminded Justice Mihara of a passage from the New Testament, James 1:19: “Wherefore, my beloved brethren, let every man be swift to hear, slow to speak, slow to

wrath . . . .” Commenting, Justice Corrigan recognized that, when Justice Mihara explained his reasoning to the class, he did not say what the rules of his faith tradition were and that his answer was driven by that tradition. She said, “Every litigant must have confidence that a court will rule based on the law, not on the judge’s privately-held religious belief.” Kevin Davis with his father, Rev. (Justice) Rodney Davis, An appeal came before & Presiding Justice Vance Raye Justice Bamattre-Manoukian and Justice Mihara’s year later, the Legislature agreed and court from a trial court’s denial of a amended the law. motion to seal juvenile records. The Rev. Davis and Prof. Brownstein appellant did well in life as an adult afmoderated a similar panel composed ter serving a term at the juvenile ranch. of local clergy: Rabbi Mona Alfi, Imam The trial court reduced his felonies to Mohamed Abdul-Azeez, Father Damisdemeanors, but ruled the law at vid Suwalsky, SJ, Pastor Lesley Simthe time did not authorize sealing the mons, and Rev. Dr. Alan Jones. As in records. The appellate court affirmed. previous years, the conference opened Writing for the majority, however, Juswith prayers by Rabbi Alfi, Imam Adtice Mihara invited the Legislature to bul-Azeez, and Father Suwalsky. New correct what the court believed was an this year, the conference closed with unjust situation. Justice Bamattre-Ma“benedictory” statements by Justice noukian concurred separately. She William J. Murray, Jr., Third District stated the appellant did not fall within Court of Appeal; Judge Barbara A. the law’s intent and urged the LegisKronlund, San Joaquin County Supelature to give courts discretion to seal rior Court; and Judge Garen Horst, juvenile records. Approximately one Placer County Superior Court.

Justice William J. Murray, Jr. (Third District Court of Appeal) offers closing remarks, while Judge Barbara A. Kronlund (San Joaquin County Superior Court), Judge Garen Horst (Placer County Superior Court), & Rev. (Justice) Rodney Davis observe www.sacbar.org | March/April 2017 | SACRAMENTO LAWYER

11 11

SECTIONS & AFFILIATES

News from CCTLA’s 2017 State of the Court and Judiciary Program

Betsy S. Kimball, Editor, Sacramento Lawyer

by Betsy S. Kimball

Judge Culhane announced that Operation Protect and Defend needs our support. OPD is a 15-year old program that promotes civics education in public secondary schools. In 2015, bench and bar OPD volunteers visited 56 classrooms in 12 high schools, and more than 30 students received awards or recognition at the annual Law Day Dinner in May (see the cover story of Sacramento Lawyer, July/ August 2015). Volunteers are needed now—and sponsors are really needed—for the 2017 program and Law Day Dinner. Contact Adriana Cervantes at acervantes@wilkefleury.com or editor@sacbar.org for more information.

February 3rd, CCTLA presented its annual State of the Sacramento Court and Judiciary program to a full house at the SCBA event center. Presiding Judge Kevin Culhane and Assistant Presiding Judge David DeAlba gave an update on the court and answered audience questions. More criminal trials. Judge Culhane noted that, during 2016, the court was able to get civil cases to trial, but he also sees things

The judges take questions, along with Dave Rosenthal, CCTLA programs chair

SACRAMENTO LAWYER | March/April 2017 | www.sacbar.org

SECTIONS & AFFILIATES

changing. Proposition 47, passed in November 2014, caused the reclassification of certain felonies to misdemeanors. Judge Culhane observed that more criminal cases are going to trial as a result. This, coupled with the fact that misdemeanors must be tried within a specified time, means that more of the court’s resources are being diverted from civil to criminal matters. Voluntary settlement conferences. Judge DeAlba mentioned that Department 59 is offering voluntary settlement conferences (not in lieu of MSC’s, but in addition). If interested, call the clerk in Department 59. CMP. There are now two case management judges, DeAlba and Abbott (replacing Wood). The court would like to engage in more active case management and is taking steps in that direction. One of the first steps (soon) will be sending out notices to appear in approximately 1000 old and inactive cases, with the goal of moving them out of the system by trial, settlement, or dismissal. New courthouse. Judge Culhane reports that the architect is actively working on plans for the building, but there is still no funding. Judge Robert Hight (ret.) was in the audience. Although now at JAMS, he continues his work on the new courthouse project. When asked the earliest date ground could be broken if everything that could go right does go right, Hight responded: November 2018. From the informal remarks of Judges Culhane, DeAlba, and Hight, it appears that the biggest obstacle remains funding, i.e., getting the building into the governor’s budget.

For Sponsoring opportunities please contact Deb Roberts at 916.564.3780 or deb.roberts@sacbar.org

www.sacbar.org | March/April 2017 | SACRAMENTO LAWYER

BARRISTERS’ NEWS

Barristers’ Club Update

Lauren Sorokolit is the 2017 Barristers’ Media Chair and Associate General Counsel at Molina Healthcare, Inc. She can be contacted at Lauren. Sorokolit@molinahealthcare.com.

by Lauren Sorokolit

he Barristers’ Club welcomes its new officers and Board of Directors: President: Kurt Hendrickson, Executive Vice-President: Stephen Duvernay, Vice-President of Programs: Megan Sammut, Treasurer: Katie Nystrom, Secretary: Lauren Calnero, Membership Chair: Caroline Colangelo, Immediate Past President: Kevin Davis, Board Members at Large: Jeffrey Schaff, Kevin Khasigian, Connor Olson, Jenni Harmon, Lauren Foust Sorokolit, and Jake Weaver. The incoming Board of Directors Kurt Hendrickson takes this opportunity to thank outgoing President, Kevin Davis, for all his hard work and dedication to the improvement of the Barristers’ Club. Introducing Barristers’ Club President Kurt Hendrickson The Barristers’ Club is pleased to introduce its 2017

SACRAMENTO LAWYER | March/April 2017 | www.sacbar.org

President, Kurt Hendrickson. Kurt is of counsel with Churchwell White LLP, after joining the firm on January 1, 2016. Prior to that, he spent six years at Knox Lemmon & Anapolsky, LLP. His practice focuses on representing local governments and businesses in litigation. Kurt earned his J.D. from Pacific McGeorge and obtained his Bachelor of Arts degree from Arizona State University, where he double-majored in political science and sociology. Kurt brings significant experience to his role as Barristers’ Club President, having served previously in several officer positions on the Board. He is currently a board member of Region Builders, a trade association of Region Business for contractors, subcontractors, architects, engineers, and other firms related to the building industry. As the 2017 Barristers’ Club President, his primary goal for the upcoming year is to

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continue to offer valuable education seminars, while adding newOfﬁce topics to the already extensive programing. Although Rocklin is a litigator, Kurt would like to introduce seminars fo6518heLonetree Blvd. cusing on basic principles of transactional law. Every year, he looks forward to the Barristers’ Summer Associates ReThis offer an canannual only be guaranteed clients who ception, event at which to Sacramento lawrespond firms before January 31st, 2017 and law schools welcome soon-to-be attorneys to our local bar. It is always well attended, provides aspiring attorneys insight into our legal community, and is also a great party! In his spare time (prior to the arrival of his son, Brody), Kurt could be found at the golf course each weekend. Now, he spends much of his free time with his wife, Nicole, entertaining Brody, and hosting gatherings at his home. He barbeques frequently and enjoys spending time outdoors.

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Nanette Aubut is the Development

EVENTS

A Beautiful Day for an Important Fundraiser!

Director of Legal Services of Northern California. She can be contacted at naubut@lsnc.net.

by Nanette Aubut

fter many days in a row of terribly stormy weather that kept many people indoors, participants at the 2017 Valentine Race for Justice were overjoyed to spend a morning in the beautiful sunshine! Elite runners, groups of walkers, and families with strollers and dogs came out to support Legal Services of Northern California (LSNC) for its biggest annual fundraiser. Since so many attorneys register for the event every year, the race includes the “Fastest Attorney” category, enabling local attorneys to compete against each other on the pavement instead of in the courtroom. This feature of the run has grown to include 100 attorney competitors. Cue the drum roll….and the Fastest Attorney for 2017 is Ed Brooks of

the law firm of Gavrilov & Brooks. Ed finished with a time of 22:10, and a pace of 5:33! And for the female “Fastest Attorney,” Kristen Anderson of Davis won with a total time of 27:01, and a 6:46 pace! Ed was right on the heels of the overall male winner, Corey Baxter of Fairfield, who came in with a time of 21:31, and a pace of 5:23. The overall female winner was Courtney Heiner, Rancho Cordova with a total time of 24:26, and a pace of 6:07. Humans are not the only competitors at the Race for Justice - canine companions vie for the “Best Dressed Dog” honors. The husband and wife pooches came in with an honorable mention. That couple was very cute, but the best dressed dog actually turned out to be a whole family! Maya, Daphne and Nemo (a bit tired after his run) are pictured. Also on stage is their human, Kristin Mistron. The Mistron family came all the way from Pine Grove. Gary Smith, LSNC’s Executive Director, said “Legal aid programs all over the country are anticipating very severe reductions in the federal funding that currently supports critical legal services for poor people, persons with disabilities, seniors, and eligible immigrants, at the same time that government programs providing direct assistance to these vulnerable populations are also threatened. I am so grateful that the Sacramento community---and especially the legal community--turned out for this year’s run.” Thank you to everyone who had a hand in making this a very successful event once again. A special thank you to the sponsors and volunteers! Please mark your calendars for our milestone 15th Annual Valentine Run/Walk on February 10, 2018.

Alexandra Martin showing off her medal with her proud mother, Tiffany Martin

Patti Heath & Jim Houpt from Orrick, with Nanette Aubut, Development Director of LSNC

Chris Guzman, Scott Taylor, & Eric Ronne volunteering at the LSNC booth

Maya, Daphne, & Nemo with their human Kristin Mistron

SACRAMENTO LAWYER | March/April 2017 | www.sacbar.org

COURT NEWS

Shama Mesiwala Named Court Commissioner

he judges of the Sacramento County Superior Court have selected Shama Mesiwala to serve as a court commissioner. She was sworn in by Judge Steven Gevercer on February 6, 2017. For the past 13 years, Mesiwala served as Justice Ronald Robie’s senior judicial attorney. She is a co-founder and past president of SABA Sacramento. Commissioner Mesiwala’s first assignment will be in dependency court.

Commissioner Mesiwala takes the oath

Photo Courtesy of the Sacramento County Superior Court

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COVER STORY

Ellen Arabian-Lee is the Associate Editor of Sacramento Lawyer and the owner of Arabian-Lee Law Corporation. She can be contacted at ellen@arabian-leelaw.com.

Attorneys Who Volunteer by Ellen Arabian-Lee

Heather Hoganson & Jonathan Hayes sort food at the Sacramento Food Bank

Hands-on volunteer work is nothing new for Jonathan Hayes and Catia Saravia of Dreyer, Babich, Buccola, Wood, Campora, LLP. Both have Catholic school backgrounds and recognized the importance of volunteerism at early ages. Hayes even dreamed of joining the Peace Corps, but deferred this dream when he became a busy attorney. Although their firm is well known for

contributing to various charities, Saravia and Hayes wanted to get all the employees involved in hands-on volunteering, and so, in January 2015, they started a volunteer program at their firm called “Doing Well by Doing Good.” Hayes and Saravia presented their idea at a partnership meeting, where they received overwhelming support. They recognized early on that it would be difficult to get people fired-up to participate unless the volunteer activities were well organized, fun, and rewarding, so they planned activities where people simply need to “showup.” Most employees now regularly participate in the program, and volunteering with co-workers has been a great morale builder for the firm. An award is given by the firm at the end of the year to the employee(s) who contribute(s) the most to the program. Among the activities in which the firm

SACRAMENTO LAWYER | March/April 2017 | www.sacbar.org

has participated are officiating at the Special Olympics, walking in support of MADD, and serving dinner to women and children twice each month at St. John’s shelter for women and children. The firm volunteers also have helped educate high school students about trial law by guest lecturing at local high schools, and last year, Hayes organized the first mock trial presentation for the local law academies, held in the McGeorge courtroom. Saravia

COVER STORY sums it up: Volunteering is “the right thing to do.” Wendy Green, a busy litigation attorney at Hansen, Kohls, Sommer & Jacob, finds time to volunteer through the Junior League of Sacramento (JLS). Recognizing that she could “do so much more with her life,” Green found the JLS. Although only in her second year with the JLS, she is already the Chair of

Broadway Sol Community Garden

the Community Programs Committee. Green prides herself most in the work that she has done with the JLS “hands-on” community projects. In helping to further the JLS mission of “empowering girls,” Green organizes classes for Girl Scouts in the outdoor kitchen (which was partially funded by the JLS) at the Broadway Sol Community Garden located in Oak Park. Known as the “Kids in the Kitchen” project, volunteers organize fun and interactive lessons and cooking demonstrations often by local chefs, which teach basic cooking skills and healthy eating habits. The participants receive healthy recipes to prepare a variety of healthy meals and snacks at home. Events are held monthly (weather permitting), and children learn about the USDA nutrition guidelines, “MyPlate” (which illustrates the four food groups that are the building blocks for a healthy lifestyle), “Rethink Your Drink”

(which educates about sugar filled drinks), kitchen safety, good hand hygiene, as well as how to bring food from garden to table. Green also has helped organize garden education events – planting seeds, germination, composting, education about bees and pollination. She emphasized that the children “love” these activities. One of Green’s most fulfilling moments as a volunteer occurred when a partic- Greg Fayard, with his daughter Gwen, work under a blue ipant’s mother told her that tarp laying block at Villa Mella, Dominican Republic, with she really “had a way with Maranatha Volunteers International, January 2017 kids,” because the daughter Fling,” which ranks as the second most typically does not open-up to anyone, successful fundraiser for SFBFS, just but was smiling and laughing with behind the Run to Feed the Hungry. Green. Green plans to continue volThrough money raised by donations, unteering because it gives her an outsponsorships, and silent auction let which is not driven by anything items, the event raised approximately other than the giving of her time. $80,000 last year. Doyle admits that planning Spring Fling is labor intenMargaret Doyle, a busy personsive, but adds that it is a very rewardal injury attorney and co-founder of ing experience considering that all Doyle & O’Donnell, is well-known for money raised goes directly back into her very successful volunteer fundraisthe community. ing for Sacramento Food Bank & FamiSFBFS Vice President of Comly Services (SFBFS). The main event for munications and Marketing, Kelly Doyle and the hardworking committee Siefkin, noted that “every $1 donatof the Capitol City Trial Lawyers Ased turns into $10 worth of goods and sociation (CCTLA) is CCTLA’s “Spring

Blake Young, President/CEO for Sacramento Food Bank & Family Services, Justice Art Scotland (ret.), Margaret Doyle, & Steve Davids at a recent Spring Fling event www.sacbar.org | March/April 2017 | SACRAMENTO LAWYER

COVER STORY

Norm Hile & Katie DeWitt

services returned to the community at no cost. Margaret’s long-time fundraising efforts have brought millions of dollars’ worth of food, clothing, education, and support to those who need it most.” Blake Young, President/CEO of SFBFS, expressed SFBFS’s appreciation of Doyle’s work: “Margaret serves our community with kindness and compassion. She encourages friends and family to volunteer, neighbors to give financially, co-workers to sponsor events, and even encourages clients looking to improve their situation to seek out support from SFBFS.” Doyle is motivated to volunteer by a desire to do good work in her

community, and she is particularly proud to help with the SFBFS’s mission, which is to help individuals by meeting their immediate needs for food and clothing and then to help move families to self-sufficiency and financial independence through education. SFBFS provides free goods and services to over 135,000 men, women and children every month. Doyle says the people who work at the SFBFS are “are a joy to work with.” And she realizes that she could not donate all these volunteer hours without the support of her law partner, Dan O’Donnell, whom she thanks immensely for supporting her efforts. Justice Art Scotland (ret.) cites the “hundreds of hours” Doyle devotes “to making Spring Fling a success.” He adds that “Margaret Doyle stands out as one of the most dedicated and hard-working philanthropists I have known.” Recognizing that the need for quality legal representation outweighs the availability of legal services, the Orrick firm established a pro bono program in 2003 and “highly encourages” all attorneys at the firm to provide at least 20 hours of pro bono service each year. Orrick partner Norm Hile han-

Jonathan Hayes presented with certificate for highest financial donation to SCBA Food Drive at the SCBA Food Drive party with Heather Hoganson, Pat Sturdevant, & Sabrina Thomas

SACRAMENTO LAWYER | March/April 2017 | www.sacbar.org

dles death penalty habeas corpus appeals for indigent prisoners. Although his background is in business and government litigation with an emphasis on complex litigation and counseling, he quickly learned all about death appeals and obtained a stay of execution for convicted murderer Kevin Cooper less than four hours before his scheduled execution. Hile’s work on the Cooper case was featured in CNN’s Death Row Stories, a series highlighting the stories of inmates on death row. Hile and Orrick senior associate Katie DeWitt led the appeals on this case and continue to advocate for Cooper’s innocence today. Through his pro bono work, Hile has been a proponent for the improvement of the criminal justice system, and he is a founding director of the Habeas Corpus Resources Center, appointed by the Central California Appellate Project. In addition to his death penalty work, Hile has volunteered along with many Orrick lawyers and staff to help underprivileged children. The Orrick Sacramento office has built a sustained partnership with Oak Ridge Elementary School, which serves children from families who are living at, or below, the poverty line. The firm’s volunteers have made a significant impact on Oak Ridge students by supporting numerous programs, including Take Your Students to Work Day, school breakfasts and faculty and staff events, and by underwriting filed trips and purchasing school uniforms. Mention the name Jill Telfer to anyone who knows her, and you are just as likely to hear “oh yeah, the animal rights advocate” as that “she’s a great plaintiffs’ lawyer.” People on Telfer’s email lists regularly receive her emails with “re” lines like “OT The Cutest Smile OMG Igor ~ to be euthanized 3/11 at county animal facility ~ help,” with an embedded (and heart

COVER STORY rending) photo of the sweet dog who just wants a home and a person to love. Telfer is a true advocate for her clients, human and canine alike. She takes on pro bono animal rights litigation and

Betsy Kimball with the Tembea Academy class of 2016, Kajiado, Kenya, January 2017

Jill Telfer with Ashley

hosts the annual “From Wags to Riches” reception at her home to raise funds for Scooter’s Pals, a Northern California all volunteer non-profit dedicated to saving as many dogs as possible from needless death. The event brings together members of the legal, political, and rescue communities to raise money for Scooter’s Pals’ rescue and adoption services. In recent years, Scooter’s Pals has rescued approximately 3250 neglected, abused, and abandoned dogs from euthanasia. Jim Houpt, an Orrick litigation lawyer who has litigated a wide range of complex business disputes, was the partner-in-charge of pro bono work at the firm until 2011, when he semi-retired. He recognizes that it is important for new attorneys to see their firm sup-

porting pro bono work because it moare obligated to “give back” to society tivates them at an early stage in their in the form of pro bono legal service. career to want to “do good” with their But, he does not limit his efforts to law degree. In addition, new attorneys pro bono legal services. Houpt is also at Orrick have received invaluable trico-captain of Orrick’s fundraising al experience representing prison inteam for the annual Sacramento Dogmates that they would not receive in gy Day Dash, benefitting the SPCA. typical civil cases. There are many pro bono and volHoupt was instrumental in deunteer activities available where atveloping Orrick’s and Intel’s pro bono torneys can “give back” and do good guardianship program in 2007, where for others. VSLP’s Vicki Jacobs writes Orrick and Intel attorneys team-up about the new Probate Court Pro Bono to provide representation in guardPanel, first proposed Judge Steven ianship cases. These cases typically Gevercer, and now staffed by voluninvolve situations where disadvanteer lawyers and paralegals, “housed” taged children must be placed with a by VLSP, and set to start offering speguardian (usually a relative) because cific legal services in March. See page their own parents are incapable of 8. The benefit to society and the percaring for them. When VLSP lost its sonal benefit of performing volunteer funding for this program, Orrick and work are great. Many thanks to all the Intel took it over on a pro bono basis. attorneys in our community who volOrrick also partners with Intel to prounteer their time to help others. vide services to VLSP’s bankruptcy clinic, which provides assistance to parties in bankruptcy cases. Houpt notes that, because lawyers have a monopoly over providing legal services, they Judge Kevin Culhane, Vicki Jacobs, & Justice Art Scotland (ret.) www.sacbar.org | March/April 2017 | SACRAMENTO LAWYER

tion yer?

ETHICS

Keith W. McBride served as the principal updates author of CEB’s two-volume treatise Organizing Corporations in California (2d and 3d eds). He is of counsel to the Sacramento law firm of Diepenbrock Elkin Gleason LLP and can be contacted at kmcbride@diepenbrock.com.

Ethical Issues for Attorneys Serving on Non-Profit Boards by Keith W. McBride n California State Bar Trial Lawyer Hall of Fame, 2001 n Fellow, American College of Trial Lawyers, since 1986 n Northern California Super Lawyers since inception n Best Lawyers in America since inception, recently:

u Lawyer of the year, Real Estate Litigation,

Sacramento, 2014

Lawyer are of the Year, Commercial Litigation, uawyers occasionally asked—and

agree—to serve as

Sacramento 2010 directors on nonprofit organization boards. A lawyer u Bet the Company Litigation, 2012, 2013, 2014 considering an invitation to join a non-profit’s board must u Commercial Litigation, 2012, 2013, 2014 understand that board and service includes responsibilities. Here Finance, 2012, 2013, 2014 u Litigation-Banking are several issues toEstate, consider. 2012, 2013, 2014 u Litigation-Real

What Laws Govern the Organization and its Operations? A director should understand the organization’s tax status. He or she should know, for example, if the organization is exempt from federal income tax, and if so, under what section of the Internal Revenue Code. A quick way to determine whether the organization already has exempt organization status is to use EO Select Check provided by the m IRS, at https://www.irs.gov/charities-non-profits/exempt-orC/ (916)ganizations-select-check. 825-9952 F/ (916)Taxation 525-8446 is a technical field, and a director’s obligations do not normally require a detailed knowledge of the various tax statutes and regulations. Cono, CA 95814 www.genshlealaw.com sequences arise, for example, if the organization has not filed Sacramento County Public Law Library a Return of Organization Exempt from Income Tax (Form SCBA 2015 990) for the three most recent years. A director must understand the organization’s legal environment. Directors need to know the laws and regulations governing the organization and its operations. A lawyer will be presumed to be familiar with these structures. However, these can vary dramatically. For example, a youth counseling organization is regulated by California’ s Departments of MAGAZINE Social Services and 1/8 Health and Human Services. A corporate page Ad

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director must understand which agencies and laws govern the organization’s operations. These determine what it can and cannot do in fulfilling its mission. Federal and state privacy laws (e.g., the Health Insurance Portability Accountability Act of 1996, or “HIPAA”) will also govern personal health care information that must be protected by the organization. Am I Expected to Provide Legal Services? Many nonprofit organizations, particularly smaller or less-sophisticated ones, often naively think having a lawyer on the board is the same thing as having a lawyer. They may fail to recognize that an attorney-client relationship is a formal matter, one often requiring an engagement letter and stated professional understandings as to the scope of the representation, fees/fee waivers, and expenses. For their part, lawyers may not be in a position to deliver legal services to the non-profit organization. Its mission may lie outside the lawyer’s core competency, he or she may lack time and availability, conflicts of interest might exist, and professional liability insurance might be questioned. If a lawyer agrees to represent an organization while serving on its board, he or she must be mindful of these risks. Lawyers must avoid private inurement – the use of nonprofit resources to improperly enrich the attorney or the law firm. The actuality or appearance of such a relationship can be generally avoided by providing services pro bono. However, if fees will be paid, the lawyer should closely follow the organiza163px -163px Adthe relationship is tion’s conflict-of-interest policies and, once

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ETHICS cleared by its independent directors, the lawyer should be sure to follow requirements for ongoing disclosure of fees. Note particularly that a privilege waiver can occur if the lawyer/director fails to inform others when he or she is no longer acting as a director during the board meeting and is instead commencing to provide legal advice as counsel. See, e.g., Deutsch v. Cogan, 580 A.2d 100 (Del. Ch. 1990) (lawyer’s communications with other directors and management were discoverable because they were made while a “director” rather than as a “lawyer”); see generally Cal. Rule of Professional Conduct 3-600, and ABA Model Rule 1.13. Note that conflicts of interest can also arise, for example, if a lawyer is asked to give a legal opinion on board actions in which the lawyer participated as a director. Some conflicts cannot be cleared; for example, if the organization is a party to litigation, the lawyer may be unable to try the case on behalf of the client, especially where he or she may be a witness. Should I Notify My Malpractice Carrier? Before becoming a director, lawyers should carefully determine whether this might create any gap in their professional liability coverage. Some malpractice underwriters will not cover either the lawyer or his or her firm if a firm lawyer serves on the board of a client. Some policies provide cov-

erage only where the lawyer was acting as a lawyer but not as a director of the client. Avoid disputes between the D&O carrier and the malpractice carrier about whether the lawyer was acting as a lawyer or as a director. Am I Being Invited to Join the Board Because I Can Provide Services to Donors? In addition to governing and personal giving, some organizations expect lawyers to serve in external relations roles, advocating for the organization and introducing it to new sources of funding such as private philanthropists, donor advised funds, government funders, corporations, and foundations. One example might be encouraging the lawyer to provide trust review services and/or estate planning seminars for program supporters. What Resources Are Available? The ABA Committee on Nonprofit Corporations provides an excellent reference: Guidebook for Directors of Nonprofit Corporations (3d ed.). It can be purchased online. I hope you enjoy being a member of a nonprofit organization’s board. I have found such experiences to be invaluable to me as a practitioner and as a means of giving back to the community.

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As Sacramento’s Top Rated bankruptcy attorney on Yelp, Rick Morin’s office quickly responds to all bankruptcy inquiries from debtors, creditors, and even local attorneys that need help navigating an unfamiliar practice area. Call today to experience the Better Bankruptcy.

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March Lunch and Learn Judges Series DATE: Friday

March 3, 2017 TIME:

Judges Series

Registration Starts at 11:40 a.m. (Buffet Luncheon Starts)

$45 Non-SCBA Members

Presentation:

12:00 p.m. – 1:00 p.m.

TOPIC:

Phone, Email, Seal: What Do These Three Words Have in Common?

PLACE:

Bring your thoughts and questions to a discussion of best practices with U.S. District Judge Kimberly J. Mueller.

Reservations must be received by 5:00 pm February 28, 2017

$20 Students/ Court Staff

SCBA Event Center

425 University Ave, Suite 120 Sacramento, CA 95825

MCLE

1.0 Hour MCLE**

Reservations must be received by 3pm February 28, 2017. Registration will not be confirmed until payment is received. After deadline date (if there is availability) and for any walk-ins pricing will increase by $10. No one will be permitted to attend without payment.

SPEAKER:

U.S. District Judge Kimberly J. Mueller

PRICING INFORMATION $35 SCBA Members

You may pay by credit card or check payable to: “Sacramento County Bar Association” mail payment and lunch selection to: Sacramento County Bar Association, Attn: SCBA Monthly Seminar, 425 University Ave, Suite 120 • Sacramento, CA 95825 or pay online at www.sacbar.org-Event Calendar. If you have any questions please contact Willow Jacobs at willow.jacobs@sacbar.org or 916-564-3780

March Menu

Lemon Basil Chicken Breast, Eggplant Parmesan, Roasted Seasonal Vegetables,Chopped Romaine Salad with Sun-Dried Tomatoes, Sliced Red Onions, Feta Cheese, Kalamata Olives with Greek Dressing Dinner Rolls, Dessert and an Assortment of Unlimited Beverages.

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

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SIGNATURE: ___________________________________________________________________________________________________________________ SCBA Judges Series -March 3, 2017 *No refund will be available within 3 days of event. **This activity pending for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 unit of MCLE in the General Law Category Credit. The Sacramento County Bar Association provider #166 certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. This event is for SCBA members and invited guests. The SCBA reserves the right to refuse admission to anyone whose presence is unreasonably disruptive or who detracts from the safety, welfare, and well-being of other patrons, staff, and the establishment itself.

Sacramento County Bar Association • 425 University Ave, Suite 120, Sacramento, CA 95825 Phone: 916-564-3780 • www.sacbar.org www.sacbar.org | March/April 2017 | SACRAMENTO LAWYER

Maureen C. Onyeagbako is

FEATURE ARTICLE

a Deputy Attorney General with the California Department of Justice and a Staff Editor of Sacramento Lawyer. She can be contacted at Maureen. Onyeagbako@doj.ca.gov.

Meet the Eastern District’s Newest Magistrate, the “Unflappable” Judge Deborah Barnes by Maureen C. Onyeagbako Judge Barnes (center) at her investiture, with Chief Judge Lawrence O’Neill (left) & Judge Kimberly Mueller (right), while Judge Garland Burrell looks on

eborah Barnes is a pragmatic, no-nonsense—albeit with a sense of humor—woman. To become the newest Magistrate Judge for the Eastern District of California, she obviously has great credentials and a career that most would envy. But she will be the first to tell you that her path to the bench was not pre-orchestrated. Rather, she performed her work to the best of her abilities, took advantage of opportunities presented to her, and did not get deterred easily. Luck and timing helped too. Judge Barnes has been independent from a young age, but she seems drawn to being a service to others. She is a Southern California native and the oldest of six children. Judge Barnes migrated north as a transfer student to UC Berkeley, where she worked to pay the bills and earned a sociology degree.

Magistrate Judge Deborah Barnes

She also volunteered for the Berkeley Own Recognizance Project, a pretrial services program that investigates de-

SACRAMENTO LAWYER | March/April 2017 | www.sacbar.org

fendants’ ties to the community, potential danger to victims, and reliability for making court dates. Having caught the legal bug, Barnes went on to Pacific McGeorge, where she participated in the Women’s Caucus and served as a Legal Writing Instructor. It seems that whenever Judge Barnes identifies an important issue, she contributes all of her resources and energy to ensure its success. Rick Lewkowitz supervised Barnes in her first job out of law school at the Sacramento District Attorney’s Office. He wanted the office to be more active in its prosecution of domestic-violence offenses but needed help garnering interest. He credits Barnes with advancing the education process when she brought in the director of WEAVE, a support center for survivors of domestic violence and sexual assault, to provide insight on reali-

FEATURE ARTICLE ty-based thinking and positive prosecution. Barnes also advanced the cause by taking on and effectively litigating domestic-violence cases notwithstanding resistance from the bench. To this day, Lewkowitz is amazed that Barnes kept her cool when a judge presiding over a domestic-violence case told her that some women just don’t feel like they are loved unless they are slapped around a little bit. [That judge is no longer on the bench.] After the D.A.’s Office, Barnes went on to work in private practice, the Federal Defender’s Office, and the Office of the Attorney General (OAG). She spent the bulk of her career in the OAG’s Natural Resources Law Section, representing agencies in state and federal litigation. She also served as lead counsel in negotiating the Headwaters Forest Purchase Side Agreement in the late 1990s. The deal helped ensure environmental protections for California wildlife habitat for years to come. In 2000, Governor Gray Davis appointed Barnes Deputy Secretary for Law Enforcement and Counsel at the California Environmental Protection Agency. There, she was responsible for the development and oversight of environmental enforcement throughout California, through partnerships with federal, state, and local agencies. After returning to the OAG in 2003, she successfully defended the Department of Fish and Wildlife in a dispute with water users about notification obligations when they “substantially divert” water from a river or stream, Siskiyou County Farm Bureau v. Department of Fish and Wildlife (2015) 237 Cal.App.4th 411. Barnes can easily pat herself on the back about her career successes; but if you really want to engage her, shift the focus to Operation Protect and Defend (OPD) and McClatchy High School’s Law and Public Policy Academy, which allow her to educate and mentor public-school students in group and one-on-

one settings, respectively. In short, she loves both programs and wishes she had started volunteering with them sooner. The teenage years are, in her opinion, a crucial time in one’s life. Adults supported her as a teen so she would like to do the same. That passion is genuine and was channeled well when Barnes chaired OPD’s Executive Committee. Justice Elena Duarte of the Third District Court of Appeal served with Barnes on the committee and describes Barnes as an “unflappable” leader with an efficient and effective style. And so, it looks like Deborah Barnes has all the ingredients—legal skill, good temperament, and commitment to public service—to succeed in her new role on the bench. Life as a new judge is very busy with a lot to figure out, but her chambers and support staff have been invaluable in the learning process. Support from colleagues and a willingness to learn new things

and to put herself out there, helped get her to this point, so it makes sense that those components would help her going forward. As for the parties who appear before her, Judge Barnes has had a positive experience so far. That being said, she strongly encourages civil litigants to exhaust all options before asking the Court to weigh in on discovery disputes. Notwithstanding all of the above, Judge Barnes somehow manages to have a personal life. She and her wife, Kim Mohler, a Parks and Recreation Superintendent for the City of Sacramento, have been together for 16 years. They share their home in Sacramento with Izzi, a Boston Terrier, and Buster, a Boxer. When asked how she balances it all, Judge Barnes simply shrugs and borrows from Project Runway’s Tim Gunn, stating that you just have to “make it work.”

www.sacbar.org | March/April 2017 | SACRAMENTO LAWYER

EVENTS

Heather Hoganson is the immediate past president of the SCBA. She can be contacted at Heather. Hoganson@abc.ca.gov.

SCBA’s Indigent Defense Panel Awards Judge Curtis Fiorini and Attorney Kelly Babineau by Heather Hoganson The Indigent Defense Panel is a County Program administered by the Sacramento County Bar Association, through which cases are assigned if the Public Defender’s Office has a conflict. For more information on this program, see the SCBA web site, www.sacbar.org.

he Indigent Defense Panel (IDP) has selected the Honorable Curtis Fiorini as IDP 2016 Judge of the Year and Kelly Babineau as IDP 2016 Attorney of the Year. Judge Fiorini accepted his award with the humility and grace that helped earn him the honor. He thanked his court family and his home family, both of which attended, and told the attorneys gathered that they were the reason he loved his job so much. Judge Fiorini lauded the great relationship that the Sacramento bench and bar share. IDP Chair Kevin Adamson remarked that he heard two defendants (who were both sentenced to lengthy terms) remark to each other that Judge Fiorini really listened to them, the hallmark of due process. Adamson then brought retired deputy county counsel and assistant public defender Mike ArkeKelly Babineau lian and defense attorney Mark Reichel to the podium to share thoughts about IDP Attorney of the Year Kelly Babineau. Arkelian explained that he hired Babineau as a legal research assistant when he was supervising the public defender’s homicide section and she was a law school student. What impressed him about Babineau was “not so much her research or writing skills, although they were both excellent, but her passion for rep-

SACRAMENTO LAWYER | March/April 2017 | www.sacbar.org

resenting indigent clients. That, along with actual empathy for those people, cannot be taught. I am proud to see that her passion has not diminished in all the years that she has been practicing law.” Reichel told of the lengths Babineau had gone through to coordinate state and federal trials of two separate defendants charged with serious crimes, and of her compassion, dedication, and perseverance in representing them both. Reichel shared the harrowing tale of these two separate big cases which ended up being set on the same date. Add to that some headline news the weekend before trial which would paint an especially unflattering backdrop for one of them. Murphy’s Law on overdrive, indeed! Not only did Kelly Babineau win her state motion in the one case, but the federal judge for the other wrote a lengthy opinion explaining how her work was textbook for how to enforce rights under our Constitution. According to Reichel, Babineau’s “electrifying gift for cross-examination” as well as her “ability to represent the rule of sanity over hysteria, of principle over passion, and tolerance over fear” won the day for both of her clients, who were then able to breathe freely again. Congratulations to both Kelly Babineau and Judge Fiorini.

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C I V I L A P P E L L AT E + W R I T + M OT I O N P R A C T I C E

Announcing FIFTH ANNUAL

SIGN Sacramento County Bar Association Golf Tournament Friday, May 19, 2017

Haggin Oaks Golf Complex

Certified Appellate Law Specialist State Bar of California, Board of Legal Specialization DATE

Best Lawyers in America Northern California Super Lawyers Past Chair, California State Bar Standing Committee on Appellate Courts Past President, California Academy of Appellate Courts Fellow, American Academy of Appellate Lawyers

Over 130 Reported Decisions, including:

Bock v. Calif. Capital Loans 216 Cal. App.4th 264 (2013) (Real estate loans) Collins v. Sutter Mem. Hosp. 190 Cal. App.4th 1 (2011) (Summary judgment, new trial) McAdams v. Monier, Inc., 182 Cal. App.4th 174 (2010) (Consumer Class Action) Katiuzhinsky v. Perry, 152 Cal.App.4th 1288 (2007) (Medical Damages) Hahn v. Mirda, 147 Cal.App.4th 740 (2007) (Medical Malpractice, Loss Of Consortium)

Lunch and Awards Dinner with Silent Auction 11:00am Registration/Lunch 12:30pm Shotgun Start

Call today for registration packet (916) 564-3780 or register online at www.sacbar.org

T (916) 444-6171

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Sacramento, California 95814

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ALTERNATIVE DISPUTE RESOLUTION OF BUSINESS DISPUTES

Ken Malovos Mediator Arbitrator Referee

Sacramento Co Lawyer Referral

3620 American River Dr. Suite 260 Sacramento, CA 95864

(916) 974-8600 Business, Commercial, Construction Claims and Defects, Employment, Insurance, Intellectual Property, Malpractice, Probate, Product Liability and Real Estate Disputes. Calendar and further information online at: www.malovoslaw.com.

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JOIN THE SCBA LRIS Your potential Clients are trying to find an Attorney RIGHT NOW! Sacramento County Bar Association LRIS can help them find YOU!

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 To join or if you have questions or clients to refer to the LRIS, please contact Abner Collazo at the Sacramento County Bar Association office (916) 564-3780 or email to acollazo@sacbar.org

Certifications

We are certified by the State Bar of California and meet Certifications standards of Bar of We are the certified by the State California meet the standards of theand American Bar the American Bar Association. Association.

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Sacramento County Bar Association • 425 U

Operation Protect and Defend, Sacramento County Bar Association and Federal Bar Association Sacramento Chapter Proudly Present 15th Annual Law Day Dinner Celebration 2017 TOPIC: The 75th Anniversary of Executive Order 9066 - Civil Liberties v. National Security DATE: Thursday, May 11, 2017 TIME: 5:30 – 8:30 p.m. PLACE: Sheraton Grand Sacramento Hotel, 1230 J Street, Sacramento Visit www.OperationProtectandDefend.com for additional information Platinum Sponsors

Tac Craven & Pat Wong

Gold Sponsors

Hon. Frank C. Damrell, Jr. (Ret.)

OPD’s Modern Masters of America Fine Art Contest

EXHIBIT WHEN:

March 31, 2017 from 5:30 to 7:30

Silver Sponsors ABAS and ABAS Law Foundation Capitol City Trial Lawyers Association Downey Brand LLP Legacy Law Group Porter | Scott Seyfarth Shaw LLP Capitol Digital & Califorensics

Bronze Sponsors California Lawyers for the Arts • Duggan Law Corporation Finnerty Law Offices, Inc. • Honorable Judy Hersher and Michael Hersher Honorable Elena J. Duarte • Jacobsen & McElroy PC Kanter & Romo Immigration Law Office, PC • Parker & Covert LLP Women Lawyers of Sacramento • Joel and Carmen Cervantes

WHERE:

Sol Collective Arts and Cultural Center, 2574 21st St, Sacramento, CA 95818

Price: $65 per ticket. To reserve your place and/or sponsor a student, please RSVP online at www.OperationProtectAndDefend.com, by mail to Robyn K. Riedel at 7437 S. Land Park Dr., Ste. 138, Sacramento, CA 95831, or by email at opdlawday@gmail.com. All checks should be made payable to “Sacramento Federal Judicial Library & Learning Center Foundation.” No RSVP is finalized without payment. We invite organizations, companies, and individuals to consider sponsoring this wonderful event. Please email us to learn more about our four sponsorship levels. Name: __________________________________________________ Organization/Company: _______________________________________________________ Phone number: __________________________________________Email: _______________________________________________________________________ I wish to purchase: _________________ tickets at ($65 each) and donate ______________ student tickets at ($65 each) TOTAL purchase $ _________________ Attendee Name

Menu Choice (salmon, chicken, or vegetarian)

Attendee Name

Menu Choice (salmon, chicken, or vegetarian)

www.sacbar.org | March/April 2017 | SACRAMENTO LAWYER

April Lunch and Learn Judges Series DATE: Friday

April 7, 2017

Judges Series

TIME:

TOPIC:

12:00 p.m. – 1:00 p.m.

PRICING INFORMATION $35 SCBA Members

Registration Starts at 11:40 a.m. (Buffet Luncheon Starts)

$45 Non-SCBA Members

Presentation:

Pre-Trial Motions in Limine: What You Really Can and Can’t Accomplish

PLACE: SCBA Event Center

425 University Ave, Suite 120 Sacramento, CA 95825

Judge Hersher has taught a longer version of the course this past year to California trial judges. Come learn what the judges learn and improve your success rate in the courtroom.

Reservations must be received by 5:00 pm April 4, 2017

$20 Students/ Court Staff

MCLE

1.0 Hour MCLE**

SPEAKER:

Judge Judy Holzer Hersher

You may pay by credit card or check payable to: “Sacramento County Bar Association” mail payment and lunch selection to: Sacramento County Bar Association, Attn: SCBA Monthly Seminar, 425 University Ave, Suite 120 • Sacramento, CA 95825 or pay online at www.sacbar. org-Event Calendar. If you have any questions please contact Willow Jacobs at willow.jacobs@sacbar.org or 916-564-3780

April Menu

Mushroom and Garlic Meatloaf with a Rich Demi Glaze, Roasted Brussel Sprouts with Brown Butter Sauce, Bleu Cheese Potato Gratin, Friesse and Watercress Salad with Craisins, Almonds with Balsamic Dressing, Dinner Rolls, Dessert and an Assortment of Unlimited Beverages.

MASTER CARD

VISA

CVR CODE NUMBER: ___ ___ ___

SIGNATURE: ___________________________________________________________________________________________________________________ SCBA Judges Series - April 7, 2017 *No refund will be available within 3 days of event. **This activity pending for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 unit of MCLE in the General Law Category Credit. The Sacramento County Bar Association provider #166 certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. This event is for SCBA members and invited guests. The SCBA reserves the right to refuse admission to anyone whose presence is unreasonably disruptive or who detracts from the safety, welfare, and well-being of other patrons, staff, and the establishment itself.

Sacramento County Bar Association • 425 University Ave, Suite 120, Sacramento, CA 95825 Phone: 916-564-3780 • www.sacbar.org

SACRAMENTO LAWYER | March/April 2017 | www.sacbar.org

SACRAMENTO COUNTY BAR ASSOCIATION

2017 MEMBERSHIP APPLICATION

Membership dues in the SCBA and SCBA Sections are not deductible as charitable contributions for federal income tax purposes. However, such dues may be deductible as a business expense. Consult your tax advisor.

NEW MEMBER

NEW SET FOR AUTO RENEWAL Via Credit Card Only*

RENEWAL

Name

Payment Details: Amount $

Organization

Check #

Address

Credit Card:*

City/State/Zip Phone

(

)

Fax

(

)

Visa

__ __ __ __-__ __ __ __-__ __ __ __-__ __ __ __ Exp: ________ / _________

Email State Bar #

Year Admitted

$40.00 $40.00 $45.00 $95.00 $110.00 $130.00 $180.00 $145.00 $195.00 $0.00 $120.00 $80.00

CVC: ___________

Signature: __________________________________________

SCBA DUES | Check one. Dues based on calendar year, not prorated. $25.00

MasterCard

Student Membership Associate Affiliate Membership 1st year of admission to the State Bar of California - Government 1st year of admission to the State Bar of California - Private 2nd to 5th year - Government 2nd to 5th year - Private 6th to 9th year - Government 6th to 9th year - Private 10+ years - Government 10+ years - Private Honorary Membership [Judge/Justice] Associate [Non-lawyer] Retired Status

SECTIONS | Check the sections you wish to join. $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00

SCBA PROGRAMS

$20.00 $20.00

Yes! I would like an application to join the Lawyer Referral and Information Service Yes! I would like an application to join the Mandatory Fee Arbitration Service

$20.00 $20.00 $20.00

Administrative Law CODE 200 Alternative Dispute Resolution CODE 205 Appellate Law CODE 225 Bankruptcy and Commercial Law CODE 210 Business Law CODE 215 Civil Litigation CODE 250 Construction Law CODE Criminal Law CODE Environmental Law CODE 230 Family Law CODE 235 Health Care CODE 240 Immigration Law CODE Intellectual Property CODE 245 Labor and Employment Law CODE 255 Probate and Estate Planning CODE 260 Public Law CODE 275 Real Property CODE 270 Tax Law CODE 280 Workers Compensation CODE 285

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

www.sacbar.org | March/April 2017 | SACRAMENTO LAWYER

SACRAMENTO COUNTY BAR ASSOCIATION

2017 MEMBERSHIP APPLICATION

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

Environmental Estate Planning & Probate Family Law Gaming Government & Public Entity Health Care Immigration Insurance Intellectual Property International Land Use/Zoning Landlord/Tenant Legislative & Governmental Affairs Litigation, Administrative Litigation, Business Litigation, Class Action/Mass Tort

Litigation, Construction Litigation, Debt Collection Litigation, Environmental Litigation, Employment Litigation, General Litigation, Personal Injury Litigation, Intellectual Property Litigation, Professional Liability Municipal Law Native American Law Non-profit Organizations Patent Real Estate Social Security Taxation Workers’ Compensation

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

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

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

SCBA Delegation – Organizes delegates and SCBA participation at

Website – Assists with the SCBA website and its content.

pro bono program.

Sacramento Lawyer Magazine Editorial – Sets policies that

Board when changes are suggested.

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

govern the Sacramento Lawyer.

TASK FORCES Mentorship Task Force – Oversees and advises the Board about the SCBA’s mentorship program.

DIVISIONS Barristers’ Division – SCBA members who are attorneys under the

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

Previous Committee/Section participation____________________________________________________________________________________

SACRAMENTO LAWYER | March/April 2017 | www.sacbar.org

Page 2 of 2

Since 1963

Marty Anderson Vice President

Lawrence H. Cassidy President

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SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

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

SCBA Annual Meeting

Best Ball - Team Scramble - All Skill Levels Honoring Distinguished Attorney of the Year g n i n Justice Arthur Scotland n Sponsorship Begi

rs e f l o G e m o c l We

Opportunities: Shirt Sponsor

Installing SCBA Officers & Directors Hat Sponsor

Eagle Sponsor

Birdie Sponsor

is e c a Sp ted Limi TER S REGI AY! TOD

Par Sponsor

Sponsor RecognizingLunch 100% Firms Dinner Sponsor Driving Range Sponsor

DATE Monday Hole Sponsor December 15, 2014

Putting Green Sponsor

Announcing

TIME MCLE Prior to Annual Meeting 11:30 Check in FREE for SCBA Members 12:00 Lunch Sacramento County Bar Association

F I F T H A N N UA L $100 for Non-Members

Golf Tournament 1 Hour Ethics - Topic: “Attorney Fees, Practically and Ethically”

Speaker: Kenneth Bacon

Individual Golfer

SCBA Member $100 Non-Member $150

Golf Foursome

SCBA Member $400 Non-Member $600

of Mastagni Friday, MayHolstedt 19, 2017 10:30-11:30am Haggin Oaks Golf Complex

PLACE Sheraton Grand 1230 J Street

Lunch and Awards Dinner with Silent Auction 11:00am Registration/Lunch 12:30pm Shotgun Start

Keynote Speaker: Chief Justice of California

Tani Cantil-Sakauye

Call today for registration packet

Ticket information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for non-members. (916) 564-3780 or register onlineprices increase by $5 RSVP to rsvp@sacbar.org or After November 23rd, ticket 2017 NISSAN ALTIMA at564-3780. www.sacbar.org call (916) Send checks payable: SCBA, 1329 Howe Ave #100, Sacramento, CA 95825 NISSAN OF SACRAMENTO