Contra Costa Lawyer - November 2019 The Bench Bar Issue

Contra Costa

Lawyer Volume 32, Number 6 | November 2019

The Bench Bar Issue

The Information Technology Unit for the Contra Costa County Superior Court This team is responsible for implementing the court’s new case management systems. See page 4.

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Contra Costa 2019 BOARD of DIRECTORS James Wu President Oliver Greenwood President-Elect Nicole Mills Secretary Mika Domingo Treasurer Nick Casper Past President Gina Boer David Erb David Marchiano Ericka McKenna Cary McReynolds Craig Nevin

David Pearson Dorian Peters Michael Pierson Summer Selleck Qiana Washington

CCCBA EXECUTIVE DIRECTOR Theresa Hurley | 925.370.2548 | thurley@cccba.org CCCBA main office 925.686.6900 | www.cccba.org

Lawyer Volume 32, Number 6 | November 2019

The official publication of the

features

Support for Judicial Independence is Essential,

by Hon. Barry Baskin, Presiding Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 The Changes of 2019, by Hon. Rebecca Hardie, Assistant Presiding Judge . . . . . . 8 Civil Division Update, by Hon. Edward Weil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Criminal Courts 2019, by Hon. Theresa Canepa. . . . . . . . . . . . . . . . . . . . . . . . . 10 Family Law Perspective, by Hon. Danielle Douglas . . . . . . . . . . . . . . . . . . . . . . . 13

Barbara Arsedo Carole Lucido

Juvenile Division 2019, by Hon. Barbara Hinton. . . . . . . . . . . . . . . . . . . . . . . . . . 15

Jennifer Comages Anne K. Wolf

2019 Review - Probate Division, by Hon. John Sugiyama. . . . . . . . . . . . . . . . . . . 17

LRIS & Moderate Means Director Communications Director Membership Director Education & Events Director

Emily Day

Fee Arbitration Program Director & Systems Administrator

Contra Costa Lawyer CO-EDITORS EDITORIAL BOARD Inga Miller David Arietta

Pittsburg Court 2019, by Hon. Mary Ann O’Malley. . . . . . . . . . . . . . . . . . . . . . . 19 Richmond Court Update: Taking Care of Business, by Hon. Virginia George . . . 20 Traffic Division 2019, by Hon. Steven Austin . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

925.402.2192 925.472.8000

Self-Help: You’ve Come a Long Way, by James Paulsen . . . . . . . . . . . . . . . . . . . . 26

925.287.3540 510.234-2808

Civil Law and Motion Practice in Contra Costa County Superior Court, Part II: Tips from the Judges, by Jay Chafetz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Samantha Sepehr Ann Battin

BOARD LIAISON Marcus Brown Nicole Mills 925.482.8950 925.351.3171 Jaime Kissinger BOARD LIAISON 925.240.6161 Dorian Peters Perry Novak COURT LIAISON 925.746.7278 Kate Bieker Lorraine Walsh 925.957.5600 925.932.7014

DESIGN Christina Weed Carole Lucido 925.953.2920 925.370.2542

ADVERTISING R.W. Walker Co. 213.896.9210

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The Contra Costa Lawyer (ISSN 1063-4444) is published 12 times a year – six times online-only – by the Contra Costa County Bar Association (CCCBA), 2300 Clayton Road, Suite 520, Concord, CA 94520. Annual subscription of $25 is included in the membership dues. Periodical postage paid at Concord, CA. POSTMASTER: send address change to the Contra Costa Lawyer, 2300 Clayton Road, Suite 520, Concord, CA 94520. The Lawyer welcomes and encourages articles and letters from readers. Please send them to contracostalawyer@ cccba.org.

The CCCBA reserves the right to edit articles and letters sent in for publication. All editorial material, including editorial comment, appearing herein represents the views of the respective authors and does not necessarily carry the endorsement of the CCCBA or the Board of Directors. Likewise, the publication of any advertisement is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement.

Columns

Inside, Feeling Inspired, by Kate Bieker, Guest Editor. . . . . . . . . . . . . . . . . . . . . . . 4

MORE Judicial Assignments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

NEWS & UPDATES 6

CCCBA Board Statement Regarding Unjust Attacks on Contra Costa County Superior Court Judges

22-23 PHOTOS: Bar Fund Benefit, September 26 29

2020 Education Series: Your Law Practice Roadmap – Practical Guidance for New & Established Attorneys

31 Announcing the Justice James J. Marchiano Distinguished Service Award 32

PHOTOS: Diversity Networking Event, September 10

33

What You Missed in the October Issue

34

Classified Advertising

34 Advertiser Index 36-38 Calendar 39

MCLE Spectacular, November 22, 2019

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

3

INSIDE Feeling Inspired

by Kate Bieker, Court Executive Officer

As I enter into my second year as Court Executive Officer and 14th year with the court, I continue to become more and more inspired by the judges and court employees who dedicate themselves to the daily operations of Contra Costa Superior Court.

This has been a very exciting and exhausting year focused on migrating to a new traffic case management system. We have been talking about this for as long as I can remember and to actually flip the switch was monumental. This effort took transferring all the data that was in the old system and finding a place for it in the new system and then building all the rules surrounding traffic. We went through each and every process of our traffic case flow and made efficiencies as we could find them. We went live on Monday, August 19th! We continue to work through “bugs� and will for the next several months but overall this was a successful implementation. I would like to specifically mention the tremendous work of Fae Li, Christena Flores, Shelly Hasson, Romel Martinez, Karen Cardinale, and the entire Information Technology Unit (featured on the cover). Their dedication was beyond what I could have asked for and they continue to work hard on the traffic project.

We are now headed to the other case types and migrating off four 4

NOVEMBER 2019

other antiquated systems. We will start with Criminal and Juvenile and move to Civil, which includes Family, Probate, Limited/Unlimited Civil. We are required to complete this in a 3-year time frame. This is aggressive but we have been granted funds directly from the state for this project and they have set hard timeframes for completion. We are up for this challenge! Our staff is very focused on case management and are limiting other large projects for the next three to five years to make our transition successful.

In 2019, I welcomed Matt Malone as my Director of Compliance and Communication and along with many other projects on his list, he has been working diligently to revamp our Temporary Judge Program with our new commissioners. He is also doing a thorough review of all our policies and procedures as well as standing orders. This review is long overdue. Matt was a Civil Research Attorney for our court prior to taking this position and his transition has been so beneficial to our court.

This year the court has been focusing on our ability to function in the event of a natural disaster. There are so many things to prepare ourselves for and we have been working to ensure the safety of our employees and the public in the event of a disaster. As we have seen with our sister courts, this can happen with no warning and

we must make sure Contra Costa is prepared. We are working with the Judicial Council and the Office of the Sheriff staff to cover all our bases.

I would like to express my thanks to Presiding Judge Barry Baskin for his support during my first year as CEO and his incredible encouragement during the case management project.

I would also like to express my gratitude to the court staff who work hard day in and out, from the clerks at the windows, the court reporters and courtroom clerks, finance, IT, administration, human resources and custodian and the facilities staff. Each day they come ready to work with patience and respect for all needing our help. And lastly, I would be completely remiss if I did not send a special thank you to my management staff. They are the most dedicated group of people I have the utmost pleasure working with.

I ask for your patience during this major transition of a new case management system especially when you visit our courts. This is a change for our employees as well and they are under great pressure and handling it with continued professionalism.

Barry Baskin Presiding Judge

Rebecca Hardie

Assistant Presiding Judge

MARTINEZ Criminal Trials

Pittsburg Civil

Supervising Judge: Theresa Canepa

Supervising Judge: Steven Austin

Judge Laurel Brady Judge Mary Ann O’Malley Judge Nancy Davis Stark Judge Patricia “Penny” Scanlon Judge Clare Maier Judge Rebecca Hardie Judge John Cope Judge Anita Santos

Judge Jill Fannin Judge Edward Weil (Complex) Judge Charles “Ben” Burch (Limited Civil and Unlimited Civil) Judge Charles “Steve” Treat

Family Law Supervising Judge: Danielle Douglas

Criminal Calendars

Judge Theresa Canepa (Master) Judge David Goldstein Judge Wade M. Rhyne (Misdemeanor)

Specialty & Veteran’s Courts Judge Laurel Brady

Mental Health & Related Calendars Judge Clare Maier

Supervising Judge: Judy Johnson Judge Lewis Davis Judge Leonard Marquez Judge Wendy McGuire Coats

Richmond Supervising Judge: Christopher Bowen

Judge Joni Hiramoto Judge Benjamin T. Reyes, II Judge Cheryl Mills Judge John P. Devine Judge John Laettner Judge Brian Haynes (DV and MSCs) Judge Linda Lye Commissioner Christine Donovan (DCSS)

Traffic/Limited Civil

Juvenile Supervising Judge: Barbara Hinton Judge John Kennedy Judge Leslie Landau Judge Terri Mockler (Juvenile Hall)

Supervising Judge: Mary Ann O’Malley Commissioner Jennifer Lee Walnut Creek Traffic (am) Richmond Civil/Traffic (pm) Commissioner Diana Kruze Pittsburg Civil/Traffic (am) Martinez Civil (pm)

Probate Supervising Judge: John H. Sugiyama Judge Virginia M. George (Supervising Judge after 2/3/2020) Judge Susanne Fenstermacher

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

5

CCCBA Board Statement Regarding Unjust Attacks on Contra Costa County Superior Court Judges The Contra Costa County Bar Association (“CCCBA”) has become aware of an ongoing campaign to disparage a number of the Contra Costa County Superior Court judges. These efforts are predicated upon a set of false allegations that these judges financially profit from the removal of children from their families in family court cases and that they are complicit in a larger system of child sex trafficking.

An unsuccessful recall effort in 2018 based on these claims did not mark the end of these efforts to unjustly criticize Contra Costa judges. The rhetoric, appearing online and in public demonstrations, continues to the present time and includes accusations that the judges are corrupt, accept bribes, are complicit in selling children into sex slavery, and are a cancer to American society, among other inflammatory allegations.

These claims, grounded in falsehoods and internet conspiracy theories, have created a combustible climate in which judges are left feeling unsafe. There has even been an alleged threat online against a judge resulting in criminal charges.

The CCCBA recognizes the importance of a free and open exchange of ideas, opinions, and, at times, even criticism of our legal system and those who are part of it. Fair criticism of the judiciary and its officers can be a part of healthy public expression and dissent; disagreement with a judicial ruling can demonstrate the strength of our democracy. Yet, intimidation of judges and unjust criticism that is not grounded in fact crosses a bright line that we, as attorneys, must stand against and condemn. The CCCBA has an obligation to uphold the image of the legal profession and the judiciary in the eyes of the public and to speak out against unjust criticism of the judiciary that exceeds the bounds of proper criticism.

The aforementioned attacks on the County’s judges, even when not rising to criminal threats, are serious, and have real world consequences in that they seek to undermine public confidence in our judicial system and threaten judicial independence.

The concept of judicial independence – that judges should decide

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cases based on the applicable law, without fear or favor, and free from external pressures or intimidation – remains one of the cornerstones of our legal system. This independence is not established for the benefit of the judges, but for the citizenry who benefit from fair and impartial administration of justice consistent with the rule of law. These principles date back to the founding of our nation and are reflected in the U.S. Constitution.

Judges are constrained by the Canons of Judicial Ethics from fully defending themselves from false aspersions in ways that political officers in the other two branches of government are not. It is incumbent upon the legal profession to protect the judicial branch from unjust and unwarranted criticism.

The ongoing efforts that seek to malign and delegitimize the judges of Contra Costa County Superior Court are unacceptable. We can no longer remain silent in the face of attacks that impugn the integrity of these judges and the legitimacy of the judicial system as a whole.

The Contra Costa County Bar Association condemns these unwarranted and baseless attacks on the judges and stands firm in its commitment to judicial independence.

- Contra Costa County Bar Association Board of Directors

Support for Judicial Independence is Essential

by Hon. Barry Baskin, Presiding Judge An independent judiciary, the third branch of government, is essential to democracy. This basic concept is taught in high school civics classes, universities, and law schools. It is revered by scholars, lawyers and judges. It is taken for granted by the public. The concept of an independent judiciary enjoys bipartisan support by our state and federal chief justices, and by bar associations nationwide. The Contra Costa County Bar Association (CCCBA) is to be congratulated for rejecting a position of neutrality on this issue in September.

Other Bay Area bar associations have been proactive on judicial independence and it is gratifying to see CCCBA join their ranks. This change recognizes that the notion of neutrality is problematic and may compromise CCCBA’s mission, which includes educating the public about the judicial system. Silence in the face of frivolous attacks on judicial independence is not neutral.

Neutrality is often misunderstood.

Merriam-Webster defines it in pertinent part as “not aligned with a political or ideological grouping.” It is hard to imagine that the concept of an independent judiciary lends support to any competing “political or ideological grouping.” In fact, on August 8th of this year, Court of Appeals Ninth Circuit Judge M. Margaret McKeown said that attacks on the judiciary “threaten the rule of law itself.”

Further, neutrality, even if meritorious in other contexts, gives rise to an insurmountable problem— silence, when injustice prevails.

Bullies and dictators attempt to silence critics and opposition. We are experiencing frequent, outrageous attacks on our judiciary by politicians and others. Silence in the face of those attacks is not neutral: citizens and lawyers in countries that once enjoyed democracies, but who remained silent when dictators dismantled their democratic

institutions, paid a terrible price for their “neutrality.”

Ethical constraints preclude judges from defending themselves. The obligation to do so falls on other officers of the court, who are permitted to speak out against attacks on our venerated institution and do what lawyers are trained to do—advocate against any efforts to undermine judicial independence. In 2018, the San Francisco and Santa Clara Bar Associations demonstrated support for judicial independence when they advocated for the judges under attack there. We are delighted that the CCCBA recognizes the need to actively support judicial independence and we look forward to supporting these much-needed efforts.

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

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The Changes of 2019

By Hon. Rebecca Hardie, Assistant Presiding Judge This ye a r h a s brought m a n y changes to the court and there are more anticipated changes on the horizon.

There are three commissioner seats on our bench and all three current commissioners were sworn in over the last five months. Commissioner Kathleen Murphy retired as did Commissioner Lowell Richards after more than 22 years of service on the bench. Terrye Davis, who served as a commissioner in Walnut Creek and Richmond, was appointed to the Superior Court of Solano County.

Our new commissioners are Chris-

tine Donovan, Diana Kruze, and Jennifer Lee. In addition, we have three judges who were appointed over the last several months: Linda Lye, Wendy Coats and John Devine.

Soon we will see the loss of two of our more tenured judges, Judge Lois Haight and Judge John Sugiyama.

They have served for a combined 43 years. Each has been a leader in her/his respective assignments for years and will be sorely missed by colleagues. Fortunately, we have experienced judges to help fill the void left by these departures. Judge John Kennedy has joined juvenile effective September 16th. Judge Virginia George, who is well-versed and experienced in probate law, will move to Judge Sugiyama’s position early next year.

In terms of staffing and other resources, our court is likely to be negatively impacted by the loss of significant revenues unless the Governor and legislature take swift action. Courts statewide are going to experience a dramatic loss of revenue as a result of the passage of various bills designed to eliminate or dramatically reduce courtimposed fines, fees and assessments.

These revenue losses come on the heels of budget cuts implemented by the prior Governor’s administration. Our court has tried to minimize the impact on staff and litigants but, unless additional monies are allocated to the courts to replace the revenue losses, we anticipate having to make very difficult decisions to maintain our current level of operations.

Under Governor Newsom, several courts were granted funds to acquire and implement modern case management systems (CMS).

Contra Costa Superior Court was one of the lucky recipients of this special funding and we hope to integrate all court case types into a new CMS in the next few years. We will start with criminal and juvenile first and hope to integrate all other case types by the end of 2021. We look forward to bringing the court into the age of modern technology.

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Civil Division Update

By Hon. Edward Weil, Supervising Judge of the Civil Division In June and July, the Civil Division experienced a stark example of “good news/bad news.” First, the bad news: Lowell Richards, our distinguished and admired commissioner, has retired. For over eighteen years, he presided adeptly over all types of matters: civil harassment restraining orders, small claims, unlawful detainers, and traffic cases. He taught about those matters at the California Judicial College. He will be greatly missed, not only for his legal acumen, but for his wit and affability. Now, the good news: he has been succeeded by our newest commissioner, Diana Kruze. Commissioner Kruze comes to us from Morrison & Foerster, and has experience serving as a judge pro tem in San Francisco. She hit the ground running and is already handling busy calendars with aplomb.

And that transition wasn’t the first for the year. At the end of 2018, Commissioner Terrye Davis was appointed by Governor Brown as a judge of the Superior Court for Solano County. Our loss is Solano County’s gain. But again, the good news: she has been ably succeeded by new Commissioner Jennifer Lee (formerly Turk).

Even with a new commissioner, we still need a steady supply of experienced attorneys willing to serve as pro tem judges periodically. So, if you’re so inclined, you should apply to the court and undergo our Temporary Judge Training Program.

Beginning in March, limited jurisdiction matters were reassigned so that they are all heard in one department (currently Judge Susanne Fenstermacher). This will allow us to handle them more efficiently, and should make life easier for the attor-

neys who handle a large number of those matters, who no longer have to scurry from department to department for case management conferences and orders to show cause.

Also in the past year, we have experienced the retirement of a number of our experienced courtroom clerks. As a result, some of the clerks working in the civil and criminal and Civil Clerk’s Office (located in the basement of the Wakefield Taylor Courthouse), have moved into the courtroom, so you may have seen some new faces. In turn, we have many new clerks in the clerk’s office, but a substantial training effort has allowed us to continue serving the public without increasing waiting time.

Our statistics show that unlimited civil complaint filings have gone up each year since 2015. To help address this, beginning in January of 2020, the Civil Division will expand its resources from the current 4.5 judges to 5 full-time civil judges. This should ease caseloads and speed the resolution of civil matters. We will say goodbye to Judge Susanne Fenstermacher, who will become a full-time probate judge. We will welcome Judge Charles “Ben” Burch. Judge Burch is a veteran of the court who has been assigned primarily to criminal trials, but has spent some time hearing probate and family law trials. He is already looking forward to the challenge of handling a civil docket.

Next year, Judge Steve Austin will take over as Supervising Judge of the Civil Division, and his extensive experience both as a judge and an attorney will be of great benefit to all.

Finally, you probably have noticed that parking in downtown Martinez

has gotten even more difficult in the last year, as construction projects have removed some spaces from the current inventory, making things difficult for attorneys, litigants, and jurors. Over the next six months to a year, as these projects finish up, some spaces will again become available, some new spaces will be added, and there will be fewer construction workers parking their own vehicles downtown. Accordingly, the parking situation should get better over time.

Until then, remember to allow time to park!

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Criminal Courts 2019

By Hon. Theresa Canepa, Supervising Judge of the Criminal Division

“The administration of justice is the firmest pillar of government.”

–President George Washington This past year has seen a number of innovations to our Martinez Criminal Court, and 2020 will bring some new faces as well as the loss of those who have contributed mightily to the successful running of the trial calendar.

Before we talk about the faces of change, we need to discuss the review of case filings this year. In 2018, the District Attorney’s Office filed 885 felony cases and 2,574 misdemeanors, which is slightly up for both from the 2017 numbers.

In 2018, 102 felony cases proceeded to trial, as did 63 misdemeanor cases. The year 2019 looks to be in sync with these numbers. We have shortened the time for the setting of misdemeanor pretrial conferences, previously a four-month stretch from arraignment, due largely to Judge Wade Rhyne’s efforts in Department 37. While the misdemeanor trial calendar is still very large, a number of cases have resolved on day of trial either by dismissal (normally, lower-level drug cases), by pleading or by going to trial. Judge Rhyne’s department was also reconfigured this year, in that his misdemeanor probation calendar was, and is, handled by Judge David Goldstein in Department. 6.

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NOVEMBER 2019

Judge Goldstein’s department primarily handles felony arraignments, bail motions, law and motion matters, changes of plea, and formal misdemeanor probation on domestic violence matters.

Judge Goldstein has managed to smoothly incorporate the probation calendar from Department 37 into his matrix, and that calendar will remain as part of that matrix in the coming year. Our hardworking trial judges include Judges Nancy Davis Stark, Anita Santos, Charles “Ben” Burch (soon to return to a Civil/ Family position), John Kennedy (who, by the time of this printing, will be taking over duties in Juvenile for the retired Judge Lois Haight), John Cope (who is sitting in Judge Stark’s place pending her return), Laurel Brady (who will be leaving to assume responsibility for the specialty department currently run by Judge Goldstein), Christopher Bowen (who will be leaving to become Supervising Judge, Richmond Branch Court) and Mary Ann O’Malley (leaving Pittsburg at the time of this printing to replace Judge Kennedy). We will also add to our trial roster Judge Patricia Scanlon, currently running our Felony Criminal Calendar most efficiently these past four years. Her current department is a busy mix of post-preliminary hearing felony arraignments, sets, changes of plea, restitution, pro per matters, and the felony probation and parole calendars.

In addition to her duties as a trial judge, Judge Laurel Brady also

handles our Veterans Treatment Court, which has been wildly successful and graduated its first class of five veterans on August 16, 2019. They enjoyed a catered luncheon to celebrate their success, sharing it with all of the treatment and support providers who have been instrumental this year in working with the team. For those who don’t know, the program consists of a minimum 18-month program, during which veterans receive individualized treatment programs and care through Veterans Affairs, local agencies and hospitals. The team includes the District Attorney, Public Defender or private counsel, Probation, Veterans Justice Outreach Specialist Officer, County Veterans Services Officer, and veteran mentors. Judge Brady will continue to work with this program when she moves on next year to the specialty court assignment.

Judge Clare Maier has moved back to Martinez to run the Mental Health

Court, another of our specialty courts which hears over 100 cases per week, and with which she is very familiar.

Last but not least, Dept. 35 Master Calendar continues to call the felony, misdemeanor, and preliminary hearing calendars, and to hear trials as well as preliminary hearings as needed.

In closing, we need to acknowledge two trial judges who have served long stints in this assignment. Judge John Kennedy has been an icon on our trial staff, handling mega-cases for many years with his cool, calm, and collected demeanor. We will miss having him here. Our loss is certainly a gain for Juvenile Justice and we know he will be an asset to their team in Walnut Creek. Also, Judge Ben Burch has sat as a trial judge for over 10 years. He has worked diligently on a wide variety of cases, and always with an eye for ferreting out the interesting quirks

of a proceeding. His diligence will be much missed.

Finally, we wish to thank our talented pool of retired judges who sit on assignment—not only from Contra Costa County, but from Alameda, Calaveras, Sonoma and Solano Counties, just to name a few. We appreciate all the help they provide to our bench and always enjoy having them here.

We heartily thank our Administrative Management Team and staff, diligent courtroom clerks, skilled court reporters, and hardworking bailiffs, as well as the attorneys and probation officers who handle large caseloads with skill and expertise.

Cheers!

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

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NOVEMBER 2019

Family Law Perspective

By Hon. Danielle Douglas Supervising Judge of the Family Law Division The theme this year in Family Law Court has been access and efficiency. In order to improve both access and efficiency, the court has made some structural changes promoting less courtroom wait time and settlement. Moreover, the court has added services that will increase family law litigants’ access to court services.

At long last, court reporters returned to family on July 1, 2019. Court reporters are available to transcribe all hearings and trials in family. Litigants no longer have to bring their own court reporter at their own expense.

On October 1, 2019, Judge Brian Haynes’ department became a domestic violence and settlement conference department. In an effort to ensure that domestic violence hearings maintain priority with sufficient opportunity to be heard without compromising other family law hearings, most domestic violence hearings are set in Department 11 in the mornings. Judge Haynes conducts settlement conferences in the afternoon. Now attorneys have an opportunity to have a settlement conference with a judge that will not be hearing the trial.

The children’s waiting room is almost complete and ready to open.

The waiting room will be staffed with two qualified care providers.

Litigants will be able to use the children’s waiting room while receiving services from the information desk, attending classes and workshops and filling out and filing paperwork. We do ask litigants not to use the waiting room while at court for a scheduled hearing.

The judges and legal technicians have been working hard to ensure judgments are turned around in a reasonable amount of time. Last year, the legal technicians, led by Nicolle Clark, worked very hard to get all judgments submitted in 2018 signed and filed by the end of the year. Thanks to long hours and dedication by all the legal technicians this goal was met. Currently, the turn-around time on judgments is less than a week.

In an effort to build on our tier mediation success and being mindful of litigants’ time, we are offering sameday mediation. If there is same-day mediation available, family court services emails this information to all judges. Judges, then, have the ability to send litigants, who are appearing that day and have not attended mediation, to sameday mediation. Generally, litigants would return to court on a different day for their hearing.

This year Judge John Cope rotated out of family while Judge Cheryl Mills rotated into family. This is Judge Cheryl Mill’s second tour in family. We are thrilled to have her experience and intellect in family.

Additionally, Commissioner Kathleen Murphy retired in March of 2019. While losing Commissioner Murphy was a huge loss, the Court was fortunate to hire Commissioner Christine Donovan as her replacement. Commissioner Donovan has a wide breadth of experience in family law. Commissioner Donovan began her legal career as a solo family law practitioner. After a year of being a solo practitioner, Commissioner Donovan joined Bartholomew, Wasznicky & Molinaro in Sacra-

mento as an associate family law attorney. Four years later, Commissioner Donovan joined the Superior Court in Solano County as a family law legal research attorney. Commissioner Donovan served as a temporary judge for probate, mental health, civil harassment and family law matters. Commissioner Donovan was and continues to be a family law specialist.

The judges and staff in Contra Costa County Superior Court know the impact family law cases have on litigants. As such, we are continuously striving to improve and expand the services offered to family law litigants.

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Juvenile Division 2019

By Hon. Barbara Hinton, Supervising Judge of the Juvenile Division Twenty Nineteen has been a year of change in the Walnut Creek Courthouse. It has been two years since the relocation and centralization of the Juvenile Courts in Walnut Creek, joining the preexisting Traffic Division. Currently, three judges preside over exclusively juvenile matters involving Children and Family Services and Probation, and the commissioner oversees the traffic calendars. The fourth juvenile judge hears matters at Juvenile Hall. Hon. Lois Haight, Hon. Leslie Landau, Hon. John Cope and I comprise the current Juvenile Bench officers, and Commissioner Jennifer Lee presides over the traffic cases.

In late July of this year, Judge Lois Haight announced that she would be retiring from the Bench after 26 years of presiding over juvenile cases. She was the Presiding Juvenile Judge for 21 years, and continued in a nonsupervisory capacity for an additional five years. Judge Haight has dedicated almost three decades to the Juvenile Justice community. She has been a pioneer in amalgamating resources, advocating for the appropriate attention and respect due to serving the youthful population, and organizing and mobilizing Juvenile Justice partners to provide ongoing comprehensive support to abused

and neglected minors and youth who are supervised by probation.

Judge Haight is an icon in the Juvenile Justice realm. She has been a mentor to judges and attorneys, a generous selfless contributor to the Independent Living Skills Program, a strong supporter of the Court Appointed Special Advocate (CASA) Program, and a tireless proponent of providing for and ensuring the safety and protection of the community’s most vulnerable population. She is an unparalleled charismatic leader, an irreplaceable colleague and a phenomenal person.

She leaves an indelible influence and legacy not only within Contra Costa County, but throughout the state of California and beyond. We will miss her immensely.

On September 16, 2019, Judge John Kennedy joined the Juvenile Bench.

Judge Kennedy is very experienced and highly regarded. He has primarily presided over complex serious felony trials, and is well known for his incredible work ethic, extraordinary intellect and calm and courteous demeanor. On the same date, Judge John Cope will be transferring from his current assignment at Juvenile Hall to handle a felony trial assignment in Martinez. Judge

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Cope thoroughly enjoyed his experience, having handled numerous contested hearings, working with various Juvenile Justice partners on a competency protocol, and conducting the Teen Truancy hearings, among other responsibilities. Retired Judge George Spanos graciously agreed to sit on assignment at Juvenile Hall for the balance of the year until Judge Terri Mockler starts her assignment there in mid-January. Judge Mockler will have completed a fiveyear term in a Family Law assignment, and is similarly well known for her stellar work ethic and keen insight. Judge Mockler will be the first judge assigned to handle cases both at Juvenile Hall and the Walnut Creek Courthouse, enabling more expansive coverage of the heavy Juvenile Court calendars.

Judge Leslie Landau will continue in Walnut Creek in 2020. She has been an impressive addition to the lineup of Juvenile judges, handling heavy caseloads, complicated hearings related to mental competency, lengthy multi-co-responsible jurisdictional contests, and transfer hearings. Judge Landau is an excellent jurist, being thorough, thoughtful, and compassionate.

I look forward to serving another year in the Walnut Creek Courthouse. It has been a very busy year, marked by substantial and momentous changes in the Juvenile Bench.

In closing, all of my colleagues and I thank Judge Lois Haight for her incredible commitment and contributions to Contra Costa County Juvenile Justice community.

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

15

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NOVEMBER 2019

2019 Review –

Probate Division

By Hon. John H. Sugiyama, Supervising Judge of the Probate Division Annual reports often contain numbers. Two for this report are 2.8 and 3.3.

The Judicial Council collects statistics about the administration of the judicial system. From the myriad bits of compiled information, the Council prepares reports, essentially comparative analyses, about various facets of the administration of the judicial system. Among those reports, the Council provides a summary of the new cases filed annually in each county, category by category, encompassing criminal, juvenile, civil, family, and probate filings. Based on those filings, the Council also offers an assessment, based on a form of comparative

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analysis, of the number of judicial officers that should be assigned in each county to handle that county’s cases, again, category by category.

A few years ago, the Judicial Council concluded that 2.8 judicial officers were needed to handle this county’s probate caseload. The most recent analysis sets the number at 3.3.

Fully cognizant of these caseload analyses, Presiding Judge Barry Baskin, supported by Court Executive Officer Kate Bieker, will soon effectuate the most significant change made over the past two decades affecting probate practice in this county. On February 4, 2020, Judge Virginia George and Judge The average survival rate is eight years after being diagnosed with Alzheimer’s — some live as few as three years after diagnosis, while others live as long as 20. Most people with Alzheimer’s don’t die from the disease itself, but from pneumonia, a urinary tract infection or complications from a fall.

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Susanne Fenstermacher will take over the Probate Division. Highly-regarded throughout the county, both will well serve the interests of the probate community.

A special commendation should be extended to the Presiding Judge for having made the difficult change.

He is under tremendous pressure to satisfy the needs of all of the Court’s divisions, laboring to find ways of meeting their constant clamor for additional judicial resources when, in reality, such resources simply do not exist. Despite the budgetary constraints imposed on him, he has chosen to support the Probate Division, very possibly at the sacrifice of other divisions.

While a major change thus will soon occur, other facets of the administration of the Probate Division will remain the same. If she can be persuaded to delay her retirement, Courtroom Clerk Shannon Perry will continue to be the boss. When she is not available, other clerks take twice as long as she to process all of the daily calendars and the many arcane details of courtroom management. Not infrequently, two clerks must handle the work that she does by herself. The arithmetic is simple: she does the work of two clerks in half the time.

Probate Examiners Erica Gillies and Susan Long will still do the work that four, five, and six examiners handle with much less aplomb in other courts with comparable caseloads. On occasion, newly-retired

Continued on page 18

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

17

Probate Division

Continued from page 17

Probate Examiner Linda Suppanich may be brought back to offer relief.

Nine years ago, counsel and parties received tentative case summaries only, at best, 48 hours before hearings. Through the diligent work of the examiners, the time of posting has now become nine or more court days before hearings. The examiners have accomplished this administrative miracle while contending with an ever increasing number of general filings and ex parte applications, with the average monthly totals having increased in just two years from 816 (of which 288 were ex parte applications) in 2016 to 901 (of which 327 were ex parte applications) in 2018. The monthly average will be markedly higher for 2019.

They ensure that all ex parte matters

18

NOVEMBER 2019

are addressed within, in most instances, the same day. They do so while answering their telephones, a form of communication seemingly unavailable in other courts.

Probate Facilitator Nicolas C. Vaca will also continue supporting the Probate Division. Having benefited from a Harvard degree, but more significantly a Berkeley education, he has worked tirelessly and selflessly to improve the quality and coverage of self-help resources available to self-represented litigants and participants in judicial actions and proceedings. Before he began his innovative work, prospective guardians endured on average, three to five hearings before fully completing the guardianship process. Now, with his assistance, most guardianships are completed within one formal hearing. Building on that successful endeavor, he has additionally begun directing his

creative attention to conservatorships and small claims actions.

Julie Woods is one of the most prominent research attorneys in the court system. She is a presence on the Judicial Council’s Probate Curriculum Committee, writing and lecturing about probate topics of current interest. She also will soon begin serving a term on the Judicial Council’s Probate and Mental Health Advisory Committee. As the probate caseload continues to increase in the county, she remains a valuable resource for possibly staffing a third Probate Department, as has been done in other counties.

The times for the probate community in this county may not be ordinary. They will, however, be good.

Pittsburg Court 2019

By Hon. Mary Ann O’Malley, Supervising Judge of the Pittsburg Court Last year at this time, I wrote this article and announced that I was being transferred out of the Pittsburg Court to preside over trials in Martinez. An unforeseen circumstance arose and my transfer was postponed. I am privileged enough to once again, announce the State of the Pittsburg Court, 2019.

This past year, the Richard E. Arnason Justice Center has seen more of everything. In 2019, we conducted 3,066 arraignments, 1,700 more than last year. We processed and presided over 30,000 traffic citations, 7,500 more than last year. Our small claims and unlawful detainers increased by more than 200 matters.

(And) our jury trials increased by more than 33 percent. You might ask “How is this possible?”

It’s possible because we have the most dedicated staff in the business.

Suzi Dailey is our Court Manager and she heads up a team of veteran clerks who just know how to get things done. Not only are they knowledgeable and efficient, but they are wonderfully courteous and helpful to the public and all litigants.

It is a wonder to see how professionally they run this court!

It’s possible because our court security team and bailiffs handle the transportation and care of our inmates with the utmost professionalism and efficiency. Our rangers and perimeter screening staff usher court users by the hundreds through our front door every day and do so with respect and courtesy. Sergeant Jack Oakley is always on hand to make sure each day runs smoothly.

In addition, he has trained them to handle any situation.

It’s possible because of our knowledgeable and hardworking one-man Court Probation Officer, David LeDee. Mr. LeDee has streamlined our processes in Pittsburg to better serve our probationers and the court. His judgment and solutions to problems are intuitive and creative, so much so, that he has gained the respect of the attorneys assigned to our court, who often seek out his advice.

Speaking of more, the Pittsburg Court saw more judges assigned to our court this past year. Judges Judy Johnson, Leonard Marquez and I have been lucky enough to stay throughout this past year. Sadly for Pittsburg, Judge Wade Rhyne transferred out and has been presiding over the busy arraignment court in Martinez. His time in Pittsburg was perfect training for that assignment. Most of the Pittsburg judges were new to the bench. Judges Linda Lye and John Devine hit the ground running in Pittsburg before they were transferred to Richmond.

Both quickly learned and adapted to the large and fast paced calendars in Pittsburg, in addition to presiding over numerous jury trials. We are proud they were a part of our Pittsburg Court alumni. Our loss was certainly Richmond’s gain. Judge Wendy Coats is Pittsburg’s newest judge. She recently completed the Judicial College and impressed all the other new judges from across the state with her presiding over 20 plus jury trials already. With Judge Rhyne leaving, we were fortunate to have Judge Lewis Davis assigned to Pittsburg. Judge Davis is a veteran to Pittsburg Court and it’s wonderful to have him back.

We also have a new Commissioner, Diana Kruze. Commissioner Kruze has taken on the unbelievable caseloads that Commissioner Lowell Richards handled for years. Commissioner Kruze is quickly mastering the small claims, unlawful detainer and traffic matters before her and looks as if she has been doing them for years. Of course her training from Commissioner Richards was a good start.

Speaking of Commissioner Richards, he has finally taken that big step into retirement. No one deserves it more than he does. The Pittsburg Court, of course, threw him a big party. It was well attended by court staff and judges. It was a bit like “This is your life” as Commissioner Richards was reminded of his many accomplishments throughout his legal career.

For me, this is “déjà vu, all over.”

I really am being transferred to Martinez effective September 16.

Well, the time has finally come for me to take up residence in the Bray Courthouse. Throughout my judicial career, now going on 21 years, I have to say that supervising the Pittsburg Court has been one of the most challenging and rewarding experiences I have had as a judge. I will miss my Pittsburg Court family, however I know they will be in good hands as Judge Judy Johnson will be taking my place as Supervising Judge. I was extremely privileged to have appeared before and worked with Judge Richard Arnason for many, many years. I hope my time in Pittsburg made him proud.

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

19

Richmond Court Update: Taking Care of Business

By Hon. Virginia George, Supervising Judge of the Richmond Court

This past year, the Richmond Court has been active and busy with arraignments, preliminary hearings, misdemeanor jury trials and a host of traffic, small claims and unlawful detainer actions.

We began the year under the guidance of Supervising Judge Claire Maier who was later moved back up to Martinez to preside over the Mental Health Court. After several years in Richmond, Judge David Goldstein was then tapped to cover the busy criminal calendar in Martinez. For a very short time, we acquired newly-appointed Judge Wendy Coats who jumped right in with several jury trials before she was moved over to Pittsburg at the Arnason Justice Center. At the present time, we have a terrific team of bench officers who have taken to their respective roles with ease and dedication. Judge Benjamin Reyes II, a consummate professional, is currently hearing misdemeanor jury trials and preliminary hearings. Judge Linda Lye, who joined us in January 2019, has presided over 14 misdemeanor jury trials to date and is currently in the arraignment calendar. Judge John Devine who arrived in Richmond in July 2019 after having conducted 12 jury trials in Pittsburg, has currently completed two jury trials in addition to coming off a stint in the arraignment calendar. Both Judge Lye and Judge Devine have taken to their various assignments with skill and alacrity and are great assets to our team.

20

NOVEMBER 2019

After our former Traffic, Small Claims, and Unlawful Detainer Commissioner Terrye Davis was appointed to the Solano County Superior Court in January of this year, Commissioner Jennifer Lee was hired to preside over the multitude of cases in that department.

Commissioner Lee approaches each case with patience and careful consideration which serves all litigants before her well.

Finally, there will be more changes coming after the New Year. Judge Lye and I will be leaving Richmond.

Judge Lye will join the Family Law Department and I will preside over the Probate Department; both assignments will be in Martinez.

While we are both sad to be leaving Richmond, the torch will be passed to the experienced leadership of Judge Christopher Bowen who will become Supervising Judge in Richmond. Judge Lye’s spot will be filled when the Governor appoints a new judge for Contra Costa.

We continue to be fortunate to have attorneys Philip Andersen, Carolyn Cain, David McDonald, Tod Ratfield, Palvir Shoker, and Barbara Suskind to volunteer their time to sit pro tem in traffic, small claims and unlawful detainer matters when Commissioner Lee is not available. We also have many dedicated mediators: Julie Analani Gantenbein, Carol Kingsley, David Bernelle, Andrew Demo, Ted Bloyd, Phil Neiman, Harry Shulman, Bill Helvestine, and Bill Waterman volunteering their time in small claims, civil harassment, unlawful detainer cases and

in mediator training. Everyone in Richmond Court deeply appreciates the generous service of our dedicated and skilled volunteer attorneys and mediators.

As for the administrative side, Ana Juarez was promoted from jury services clerk and part-time criminal clerk to the Finance Department in Martinez. While we’ll certainly miss Ana and her welcoming presence in the Jury Assembly Room, Mary Fitch has now moved into that spot and is bringing both efficiency and diplomacy to this important position.

Richmond Court is also pleased to welcome our new volunteer, Walter Williams, who assists visitors at his Help Desk in the center of the hallway on Mondays, Wednesdays and Fridays. With his charm and pleasant demeanor, Walter helps citizens navigate the court system in Richmond, including utilizing the “Ad Gator,” the electronic calendar system in our lobby so that people can locate and arrive at court appearances in a timely fashion.

We are pleased to continue to have Shelly Hasson as our Court Manager; she manages our courthouse with efficiency and humor.

Shelly has been overseeing our most recently-implemented case management system which launched in August 2019 when the system went live. The new program updates the previous antiquated system and is more efficient and economically sound. Additionally, new scanners, PCs and printers were provided

to the Traffic Unit this year, thus improving efficiency dramatically.

Tanaka Cato, our Court Probation Officer, is yet another shining star in our lineup. Tanaka’s caseload is incredibly busy and yet she always makes time to assist the judges and attorneys with clients who need additional help and services. Shelly, Tanaka, the entire clerical staff, our interpreters, courtroom staff and our volunteer pro tems and mediators are truly dedicated to serving the public with courtesy, professionalism and efficiency.

As we move into the home stretch of 2019, we are deeply thankful for our many dedicated employees, many of whom have served for decades, for demonstrating patience, integrity and kindness to the individuals who appear in our courts and request their services. These invaluable employees truly make sure we are at our best when we serve the public in the Richmond Court.

New Look for the CCCBA The CCCBA launched a new website in late October. With a fresh new logo and brand, the CCCBA is poised and ready to support Contra Costa County attorneys, judges and legal professionals. Check it out and let us know how you like it!

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Bar Fund Benefit THANK YOU!

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On September 26, the Contra Costa legal community came out to support the Center for Youth Development through Law. Thanks to the donors, presenters and attendees for another fabulous BAR FUND event, we raised over $45,000 for the CYDL programs!

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Clockwise from Top Left: Judge Leonard Marquez with Brian Akre Sakarata, Tracy Regli, Lisa Zaragoza and Jaime Herren.

CCCBA Board member and CYDL alum Dorian Peters shared how he decided on a career in law as Master of Ceremonies for the event.

Three recent alum of CYDL programs, Kojo Baffo, Maged Saeed and Brayona Travis.

Marta Vanegas, Ericka McKenna and CCCBA Board President James Wu. CYDL Board members Kym McCourt and Anitha Anne with CYDL Executive Director Nancy Schiff Justice James Marchiano (ret.) discussing the new Distinguished Service Award program in his name which will award its first recipient at the Bar Fund Benefit in 2020.

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

23

Traffic Division 2019 By: Hon. Steven Austin, Supervising Judge of the Traffic Division

When I learned I would be Traffic Supervisor this year, I was happy to take on the new duties on top of my regular job presiding over the Civil Department. That was because I knew that our Traffic Commissioners, Lowell Richards and Terrye Davis, were two of the most respected and experienced bench officers in the state. I figured that with those two running the show, everything was certain to go smoothly. But a few weeks before I started in this new role, Governor Brown appointed Commissioner Davis to the bench in Solano County Superior Court. Then a few months later, Commissioner Richards retired after a long and illustrious career with our court. And the Traffic Supervisor suddenly had a lot more to do!

Lucky for us that we had the help of dedicated members of our bar who stepped up to sit as Pro Tem Judges for the many weeks required to hire permanent replacements. With their help, we were able to cover just about all of the open Traffic, Small Claims, Unlawful Detainer and Civil Harassment calendars.

For those of you that volunteered to serve, I can’t adequately express how grateful all of us at the court are for your generous assistance in our time of need. For those interested in becoming a Pro Tem Judge, we are revamping our training curriculum and should be conducting classes to qualify a new group of attorneys to serve in the next few months.

We ended up hiring two talented new commissioners, Jennifer Lee 24

NOVEMBER 2019

and Diana Kruze, who are doing a wonderful job in their new posts.

Commissioner Lee presides over the morning calendars in Walnut Creek and then travels to Richmond to conduct the afternoon court sessions. Commissioner Kruze covers the morning calendar in Pittsburg and the afternoon calendar in Martinez. They are both smart, hard-working and enthusiastic.

They also naturally treat all of the litigants in their courtrooms, most of whom are representing themselves, with respect and dignity. We are fortunate to have them as members of our bench.

The other big Traffic Department news this year is our successful implementation of a new case management system! The system is the first stage of our court-wide effort to replace our out-of-date case management systems in all case types over the next few years. The new system allows us to process citations digitally and will soon give us the ability to handle citations online.

Designing the processes necessary for this new system and migrating data from the old system to the new one were massive undertakings that took over a year to complete. We couldn’t have done it without the exceptional skill and efforts of our staff, led by Shelly Hasson, Karen Cardinale, Romel Martinez, Fae Li and Christena Flores.

At the statewide level, there continues to be a reexamination of how our justice system deals with traffic matters due to the disproportionate impact that our current

system has on low-income offenders. In recent years, courts throughout the state have implemented easy-to-understand procedures for reducing fines and fees for those that do not have the “ability to pay,” waiving civil assessments, allowing manageable payment plans and granting community service credit in lieu of fines. On a broader level, the Judicial Council is considering a proposal to sponsor legislation to treat all minor traffic violations as civil violations rather than as criminal offenses.

Under this proposal, criminal processes—including arraignment, forfeiting of “bail” for infractions, trials in absentia, and civil assessments and new criminal penalties for failure to appear and failure to pay—would be eliminated. Instead, when a person fails to appear to address a traffic violation, the court would simply enter a civil default.

These and other aspects of this interesting proposed legislation can be found at https://www.courts.ca.gov/ documents/leg19-04.pdf.

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25

Self-Help: You’ve Come a Long Way!

By James Paulsen, Director of Family Law & Probate The Family Law Facilitator often comes to mind when one hears the words “Self Help.” But self-help services have expanded considerably since the first family law facilitator was hired in the late 1990s. No service or operations area is growing faster within California’s trial courts than are self-help services. All of the trial courts recently received a three-year increase in self-help grant funding in order to expand assistance with civil law matters and language access.

able with enforcement of judgment and Unlawful Detainer Complaint workshops on the horizon.

Online services also continue to grow. Our court established the Virtual Self-Help Law Center (VSHLC) in the early 2000s. Each month thousands of users visit this website that provides not only plain language legal information but also step-by-step instructions and instructional videos on how to complete court forms. Our

can refer court customers who are not represented or who are transitioning to self-representation.

When litigants access the court’s website and online self-help services before coming into the courthouse to receive live self-help services, their visit will almost always be significantly shorter and significantly more productive. The site is located at: http://www.cc-courthelp. org/. The instructional videos can be found at http://cc-courthelp.org/ videoroom.aspx.

Contra Costa Superior Court No service or operations area is The court will continue to has used this funding to growing faster within California’s trial increase the use of technology assemble a Civil self-help team to deliver self-help services. to work alongside the Family courts than are self-help services. All Last year the court began its Law Facilitators and our Small of the trial courts recently received a first use of online appointment Claims-Probate Facilitator. scheduling for the “Start Your Though these new self-help three-year increase in self-help grant Divorce Reviews.” This appointteam members spend some of funding in order to expand assistance ment feature allows litigants to their time working with family reserve a spot for an attorneylaw litigants, they primarily with civil law matters and language assisted review in order to arrive assist self-represented litigants access. at the courthouse knowing they navigating unlawful detainers, will be seen without delay. The civil harassment restraining orders, court anticipates expanding the use court’s self-help website was the and name and/or gender changes. of online scheduled appointments first in the state and is still considContra Costa is also adding a into other areas. ered one of the best. A number Limited Conservatorship Workshop of courts including Mendocino, and piloting the use of online tools Tulare, Yolo, and Solano, link Due to the court’s rapidly growing created by the Judicial Council’s customers searching for online selfself-help services and new expecSelf Help Unit. Our most recently help services to our court’s self-help tations attached to our increased added Civil self-help services website. The Judicial Council and grant funding, the self-help team is include weekly brief information numerous courts feature our form routinely adding to and adjusting and referral services and drop-in completion instructional videos on service hours and workshop schedclinics for unlawful detainers at the their websites. Self-help digital tools ules. It is important to check our Richmond, Martinez and Pittsburg developed here in Contra Costa are court’s website before directing a Courthouses. These services are now standard among California’s court customer to self-help services. particularly needed due to recent trial courts.

To see current live self-help services decreases in unlawful detainer schedules, please visit http://www. assistance provided by other organicc-courts.org/self-help/welcome.

If you have never visited the VSHLC zations in the county. There are also aspx. or it’s been a while, please take a civil harassment and name/gender look. The more you are familiar change services currently availwith the site, the more readily you 26

NOVEMBER 2019

Civil Law and Motion Practice in Contra Costa County Superior Court

Part II: Tips from the Judges

By Jay Chafetz, Legal Research Attorney Last year I gave advice on how to write for the court from the perspective of a research attorney.

This year I thought I would go straight to the source – the civil fast track judges – to ask their likes and dislikes. Here are the results:

Judge Steven K. Austin

Judge Charles “Ben” Burch

Current Assignment: Civil Fast Track, Department 33

Current Assignment (Eff. 1/1/20): Civil Fast Track, Department 23 (½ limited; ½ unlimited)

Years on the Bench: 21 Key Pre-Judicial Legal Experience: Private practice in insurance defense firm Law and Motion papers: Don’t bury the lead. State clearly on the first page and the last the relief you want. Be brief. Make your point and move on. Be sure to tab your exhibits. Your motion may be continued until you do.

Law and Motion oral argument: When calling in to contest the ruling, tell the clerk in a sentence the reason you are doing so. If it takes more explanation than that, fax a one-page letter to the department. In oral argument, go straight to the point. Tell the court what you think it may have missed (directing the court to the pertinent page and line of the ruling) and politely ask it to take the matter under submission and reconsider its ruling. Don’t expect or demand an immediate reversal from the bench, and don’t blame the claimed error on court staff (i.e., the research attorneys).

Years on the Bench: 14 Key Pre-Judicial Legal Experience: Federal prosecutor Law and Motion papers: The following guidelines are the same for written work and oral advocacy: Be brief. Cite the single best and most current case rather than using a string citation. Don’t fail to acknowledge and discuss contrary authority. Acknowledging contrary authority is recognized in the ABA rules as an ethical responsibility and is a hallmark of the best lawyers.

Law and Motion oral argument: My procedures for contesting tentative rulings are not set yet, but I will likely want not just a telephone call but also a brief pleading that specifies exactly your objections and any suggested modifications. In oral argument, I prefer polite informality.

Be prepared to be flexible and to make clear which things you concede – there is no need to discuss at length points that are conceded. I enjoy some give and take with lawyers and may go from one attorney to another for immediate responses on key points rather than following a more structured approach.

Judge Jill Fannin Current Assignment: Civil Fast Track, Department 21 Years on the Bench: 16 years Key Pre-Judicial Legal Experience: Private practice and mediation Law and Motion papers: The court will rule on the motion you have brought, not one under some other statute or subsection of the same statute, so be clear about the basis for your motion in your notice. Don’t ignore prior rulings in the same case or the court’s indications of how it would rule on future motions.

Motions build on each other. The second demurrer need not cover all the same ground as the first.

Law and Motion oral argument: When calling to contest a tentative ruling, you must specify the issues to be argued. Don’t just say “I intend to argue the entire ruling.” If you can specify the issues briefly, do so in your call to the clerk. Otherwise outline the issues you will argue in a letter faxed to the department. Each party planning to contest a part of the ruling must separately call the department. A call-in by one side does not entitle the other to argue other aspects of the ruling. Argue law and motion matters in person

Continued on page 28

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

27

Tips from the Judges

Judge Edward G. Weil

if at all possible. Personal appearances are much more effective than telephonic ones.

Avoid canned arguments. Be prepared to respond promptly and directly to questions from the court. Think on your feet.

Current Assignment: Complex Civil, Department 39; Supervising Judge, Civil (until 1/1/20)

Continued from page 27

Judge Charles Treat Current Assignment: Civil Fast Track, Department 12 Years on the Bench: 14 Key Pre-Bench Legal Experience: Civil Litigator with appellate specialty Law and Motion papers: Don’t write as for a law school examination. Write so clearly and concisely that the papers could be given as a speech and the listener would understand. If you write a conclusion, don’t say the motion should be granted “for the reasons stated above.” Use those final lines to clinch the argument. Also, think creatively about how to present pivotal legal issues to the court, despite procedural obstacles. The last thing the court wants is a case not to settle, or a jury to waste three weeks of its time, when the case may turn on a key legal issue.

Law and Motion oral argument: If you contest the tentative ruling, you must notify the court in writing of the points to be contested. Email this notice to Dept12@contracosta. courts.ca.gov. Before oral argument, be sure you have thought through the consequences of the rule or outcome you are proposing.

28

NOVEMBER 2019

Years on the Bench: 10 Key Pre-Judicial Legal Experience: California Attorney General’s Office, Environment Section Law and Motion papers: Avoid lengthy boilerplate on common principles of law, like the standard on a demurrer. On the other hand, my department handles complex cases, and I understand that an extended discussion on a particular area of law may be necessary. Invective is unhelpful. Keep a neutral, professional tone.

Law and Motion oral argument: I do not require a letter outlining the issues to be argued when a ruling is contested. But when you appear, focus your argument on the case you think I have not addressed or the error you think I have made in reviewing the record. Also, don’t argue as though a jury is present when it is not. And when the issue is limited, as for instance when you are seeking a TRO, don’t focus on how just your client’s claim will prove to be, but why immediate relief is needed today.

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ACUÑA ❖ REGLI Estate Planning ❖ Administration ❖ Conservatorship ❖ Inheritance Litigation

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NOVEMBER 2019

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CCCBA’s Pro Bono Committee is proud to announce

The Justice James J.

MARCHIANO

DISTINGUISHED SERVICE AWARD This award will go to a CCCBA member who volunteers his or her time, either in a legal or non-legal capacity, to improve the circumstances of others and changes lives for the better in our community. The award will be presented at the 2020 Bar Fund Benefit, applications will be available in Spring 2020.

David Marchiano introduced the new CCCBA Award in honor of his father, Justice James J. Marchiano (ret.) at the Bar Fund Benefit in late September.

CCCBA

Pro Bono

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CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

31

Diversity Networking Event

Eric Casher, President of California ChangeLawyers addressed the group.

Thank you to JAMS, for sponsoring and hosting this year’s Minority Bar Networking Event on September 10. Representatives from at least 11 minority bar associations attended and spoke to the group. Don’t miss this event next year!

32

NOVEMBER 2019

The October Issue of Contra Costa Lawyer – Here’s What You Missed in the Intellectual Property Issue

Thank you to Joseph Snyder, Guest Editor Find it online at www.cccba.org/cclawyer-magazine

Features: • Important Considerations in Licensing Know-How with Patents,

by Joe Snyder/Michelle Tyde • Don’t Overlook the Estate’s Interest in Intellectual Property! The Fundamentals of Identifying and Marshaling Patents and Trademarks, by Jaime Herren • One Size Does Not Fit All: Tailoring IP Due Diligence to the Transaction, by Siegmar Pohl • Early Mediation of Intellectual Property Disputes: The Strategic Proposition,

by Mark LeHocky • Preserving Employer’s Patent Rights with Shop Rights & Hired-to-Invent Doctrines,

by Babak Kusha • The Evolving Scope of the Inter Partes Review Statutory Time Bar,

by Byron Chin and James Isbester • Early Stage Protection of IP,

by Michael Petrin and Pete Tormey

Columns: • Inside: Reflections on the Changing Landscape of IP Law,

by Joseph Snyder

• Bypassing Highway [35 U.S.C. Section] 101,

by D. Benjamin Borson, M.A., J.D., Ph. D.

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

33

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Contact Barbara Arsedo, CCCBA LRIS Director at (925) 370-2544 barsedo@cccba.org or visit www.cccba.org/lawyer-referral-service/ 34

NOVEMBER 2019

Zandonella Reporting Service . . . . . 29

Announcing the First Annual Bay Area Women Lawyers Retreat!

Leap into the next phase of your career • Amazing speakers, networking, relaxation & 5 hours of MCLE! For more information and to register, go to https://tinyurl.com/BAWLR20

2020 Membership Drive Begins Now! The Benefits of Membership

• Build Your Practice and join the Lawyer Referral Panel! Prescreened clients come to you!

• Keep up with your MCLE credits all year long • Now with 22 Sections there are more networking, learning and leadership opportunities than ever!

Questions, or Need Help? Contact Jennifer Comages, CCCBA Membership Director at (925) 370-2543 or jcomages@cccba.org.

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CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

35

Calendar

Upcoming Events | Overview November 12 | Women’s Section Women’s Section Power Lunch more details on page 37

November 22

| CCCBA

25th Annual MCLE Spectacular

more details on pages 37 and 39

December 12

| Employment Section

Employment Section Holiday Party more details on page 37

January 14 | Elder Law Section Understanding the Aging Process to Better Connect and Serve Your Clients more details on page 38

January 14 | CCCBA Your Law Practice Roadmap – What You Need to Know When Setting Up Your Practice more details on pags 29 and 38

January 28 |Employment Section Employment Law Update, Part II

December 19 | CCCBA

more details on page 38

CCCBA Holiday Party

January 31 | CCCBA

more details on page 37

January 9 |Employment Section Employment Law Update, Part I more details on page 37

January 10 | Estate Planning & Probate Section Annual Probate Luncheon more details on page 38

Annual Installation Luncheon & Diversity Awards more details on page 38

February 28 - March 1 Bay Area Women Lawyers Retreat more details on pages 35 and 38

The Contra Costa County Bar Association certifies that the MCLE activities listed on page 36-38 have been approved for the specific MCLE credit indicated, by the State Bar of California, Provider #393.

CCCBA Diversity Award Checklist

The 2018 Diversity Award Platinum Awardees

The 2018 Diversity Award Gold Awardees

The 2019 Diversity Awards will be presented at the 2020 Installation Lunch on January 31. Be sure you have completed your Diversity Award Checklist available at www.cccba.org. The submission deadline is December 3, 2019.

36

NOVEMBER 2019

November 12 | Women’s Section

November 22 | CCCBA

Women’s Power Lunch

25th Annual

What is a Power Lunch? Think: LinkedIn but over lunch. The Women’s Section Power Lunch is an opportunity to meet and build professional relationships. The RSVP is only to give us a general head count. If you find at the last minute that you’re free and haven’t emailed, please come!

Time: 11:30 am – 1:00 pm Location: Urban Plates, 69 Crescent Drive, B, Pleasant Hill

MCLE Spectacular

BREAKFAST KICKOFF Speaker: Justice Mark Simons, First District Court of Appeal, Div. 5 “Scrambled Eggs with a Side of Evidence” LUNCHEON KEYNOTE Speaker: Erwin Chemerinsky, Dean UC Berkeley School of Law “An Amazing Time in the U.S. Supreme Court”

Thank You to Our SPONSORS: Event Benefactor: JAMS Event Presenters: Hanson Bridgett LLP | Smith.ai Event Patrons: ADR Services, Inc. | Home Care Assistance

Location: Walnut Creek Marriott Hotel

Event Partners: BBVA Compass | CLIO | DLC Consulting Services, LLC | Family Law Software | John F. Kennedy University College of Law | Mass Mutual of Northern California | Spencer Legal Investigations, Inc. Thomson Reuters

More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org

Event Reception Sponsor: Kilpatrick Townsend & Stockton LLP

Register: Online at www.cccba.org/attorney/calendar (Registration closes November 15.)

Event Parking Sponsor: Judicate West

December 12 | Employment Section

December 19 | CCCBA

Employment Law January 9 | Section

Employment Section Holiday Party

CCCBA Holiday Party

Employment Law Update, Part I*

Join the Employment Section for a fun evening of mixing and mingling!

Join us to celebrate the holiday season!

Delicious hors d’oeuvres and beverages provided. Please bring non-perishable food items for donation to the Contra Costa Solano County Food Bank and/or toys for donation to the 27th Annual Toy Drive for homeless children, sponsored by the CCCBA’s Juvenile Section.

Due to the large number of legislative changes and precedential decisions, the 2020 Employment Law Update will be held on two days: January 9 and on January 28. Breakfast will be provided.

RSVP: cccbawomenssection@gmail.com More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org

Celebrate your 2019 successes with your fellow Employment Law practitioners!

Delicious hors d’oeuvres and wine will be provided, with vegetarian and gluten-free options.

Time: 5:30 pm – 8:00 pm Location: Taheri’s Mediterranean, 2999-A Oak Rd., Walnut Creek Cost: $15 Judges, members of the Employment and Law Student sections, $20 CCCBA members, $25 non members RSVP: Online at www.cccba.org/attorney/calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org

Afternoon PLENARY Speaker: Tiren Steinbach, Chief Program Officer, ACLU of Northern California “Just Belonging: Advancing Equity, Diversity and Inclusion in the Legal Profession”

Time: 5:00 pm – 7:30 pm Location: CCCBA Building Conference Room, 2300 Clayton Rd., First Floor, Concord RSVP: Online at www.cccba.org/attorney/calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org

See page 39 for more details.

Time: 8:30 am – 11:00 am Location: CCCBA Building Conference Room, 2300 Clayton Rd., First Floor, Concord MCLE: 1 hr. General Cost: $15 Employment and Law Student Section members, $20 CCCBA members, $25 non members Register: Online at www.cccba.org/attorney/calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org *Part II scheduled for January 28.

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

37

Estate Planning & January 10 | Probate Section

Annual Probate Luncheon Please join the Estate Planning and Probate Section for its Annual Probate Luncheon.

The Honorable John H. Sugiyama will again provide insights and practice pointers about the workings of the Contra Costa County Probate Court. You won’t want to miss this always exciting event!

Time: 11:45 am – 1:15 pm Location: Contra Costa Country Club, 801 Golf Club Rd., Pleasant Hill MCLE: 1 hr. EP/T & Probate Specialization Cost: $60 for Estate Planning & Probate section members, $30 Law Student section members, $70 CCCBA members, $75 non members Register: Online at www.cccba.org/attorney/calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org

January 14 | Elder Law Section

January 14 | CCCBA

Understanding the Aging Process to Better Connect and Serve Your Clients

Your Law Practice Roadmap – Practical Guidance for New & Established Attorneys

Speakers: Douglas Housman,

Dr. Eric J. Frietag, Psy.D., FACPN

Setting Up Your Practice

The program will include normal vs abnormal aging and dementia: symptoms, treatments and areas of research. Examples of interventions will help you better serve your elder clients by mitigating family squabbles, reducing excessive phone calls and generally protecting your your clients’ overall well being. Lunch included.

Time: Noon - 1:30 pm Location: CCCBA Building Conference Room, 2300 Clayton Rd., First Floor, Concord MCLE: 1 hr. General Cost: $10 Elder Law Section members, $5 Law Student Section members, $15 CCCBA members, $20 non members

Speakers: Marcus Brown

Mika Domingo

Qiana Washington Time: 5:30 pm – 6:45 pm Location: John F. Kennedy University, College of Law, Ellinwood Way, Pleasant Hill Cost: Members: $20/Session or $150/Series Non members: $40/Session or $300/Series Register: Online at www.cccba.org/attorney/calendar

Register: Online at www.cccba.org/attorney/calendar

More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org See ad on page 29.

Law January 28 | Employment Section

January 31 | CCCBA

Feb. 28 - March 1 | CCCBA

Employment Law Update, Part II*

Annual Installation Luncheon & Diversity Awards

Bay Area Women Lawyers Retreat

Due to the large number of legislative changes and precedential decisions, the 2020 Employment Law Update will be held on two days: January 9 and on January 28. Breakfast will be provided.

Time: 8:30 am – 10:30 am Location: CCCBA Building Conference Room, 2300 Clayton Rd., First Floor, Concord MCLE: 1 hr. General Cost: $15 Employment and Law Student Section members, $20 CCCBA members, $25 non members Register: Online at www.cccba.org/attorney/calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org *Part I scheduled for January 9.

Please join the leadership of the Contra Costa County Bar Association and many of our local current and retired Judges for this annual luncheon which celebrates all CCCBA members.

Contra Costa County Superior Court Presiding Judge Barry Baskin will give a State of the Judiciary address before swearing in the 2020 CCCBA Board of Directors and Section Leaders.

We will also be presenting the 3rd Annual CCCBA Diversity Award to qualifying law firms.

Time: 11:30 am – 1:15 pm Location: Contra Costa Country Club, 801 Golf Club Rd., Pleasant Hill Cost: TBD Register: Online at www.cccba.org/attorney/calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org

38

The CCCBA Education Committee has prepared a series of nine programs for 2020 dedicated to solo and small firm pratitioners.

The series will give you practical guidance for your new or established law practice.

NOVEMBER 2019

Announcing the First Annual Bay Area Women Lawyers Retreat!

Leap into the next phase of your career Amazing speakers, networking, relaxation & 5 hours of MCLE! Presented by Alameda County Bar Association, California Women Lawyers, Contra Costa County Bar Association, Queen’s Bench, San Francisco Trial Lawyers Association and Women Lawyers of Alameda County.

Time: Friday, February 28, 5:30 pm - 9:00 pm Saturday, February 29, 8:30 am - 5:30 pm Sunday, March 1, 8:30 am - Noon Location: The Lodge at Sonoma, 1325 Broadway, Sonoma MCLE: 5 hrs. Elimination of Bias Cost: $325 plus lodging Register: Online at www.cccba.org/attorney/calendar More Info: Contact Theresa Hurley at (925) 370-2548 or thurley@cccba.org

Event Benefactor

PROUDLY PRESENtS

25th Annual

MCLE Spectacular!

Friday, November 22, 2019

8:00 am – 6:00 pm Walnut Creek Marriott | 2355 N. Main Street Registration begins September 10

Breakfast Kickoff Speaker

Justice Mark Simons First District Court of Appeal, Div. 5

Scrambled Eggs with a Side of Evidence

JAMS

Event Partners

HAnSon Bridgett LLP SmitH.ai Event Patrons

ADR Services, inc.

Home Care Assistance Event Partners BBVA Compass CLiO

Luncheon Keynote Speaker

Erwin Chemerinsky Dean UC Berkeley School of Law

An Amazing Time in the U.S. Supreme Court

Afternoon Plenary Speaker

Tirien Steinbach

Chief Program Officer of the ACLU of Northern California

Just Belonging: Advancing Equity, Diversity and Inclusion in the Legal Profession

Plus 6 morning and 7 afternoon breakout sessions to choose from.

COC

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N TIO

AIL RECEP KT

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Earn up to 8 MCLE Credits InCLudIng thE hard-to-gEt onEs!

Event Parking Sponsor

Thank you to JUDICATE WEST for covering the cost of parking for the Full-Day Package at the Walnut Creek Marriott this year.

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