The Marin Lawyer: March 2024

T H E M A R I N L A W Y E R

Lead Editor: David L. Winnett

Co-Editors: Morgan H. Daly & Marrianne S.

Taleghani

Creative Director: Aariel A. Nigam

2024 Officers

President: Scott Buell

President-Elect: Kristine Fowler Cirby

Secretary: Neusha N. Ghaedi

Treasurer: Thomas M. McInerney

Past President: Ahtossa P. Fullerton

5 Year Past President: Lawrence Strick (2016)

Board of Directors

2024 Directors

Emily Harrington

Jeffrey G Knowles

Mary A Stearns

Alexander S Vahdat

David L Winnett

2025 Directors

Robyn B. Christo

Morgan H. Daly

Shanti Eagle

Lucie C. Hollingsworth

Elisha J. Yang

2026 Directors

Ingrid L. Carbone

Christine O’Hanlon

Roni D. Pomerantz

Maxwell V. Pritt

Marrianne S. Taleghani

Executive Director

Julie Cervetto

Client Relations Chair

David M Zeff

The Marin Lawyer is published by

The Marin County Bar Association 101 Lucas Valley Road, Suite 326

San Rafael, CA 94903 415-499-1314

info@marinbar.org marinbar.org

CONTENTS

4 | Editor's Introduction

DAVID L. WINNETT

6 | 2024 President’s Message: Change and Transformation SCOTT BUELL

11 | Adelante. HON. MARK ANDREW TALAMANTES

13 | 2024 Board & Officers Installation Dinner and Legal Education Scholarship Fundraiser

JULIE CERVETTO

17 | Judge‘s Profile: MCBA Welcomes the Honorable Kevin Murphy to the Marin County Superior Court!

MORGAN DALY

22 | State Public Defender Association Honors Marin Public Defender with Program of the Year Award

RACHAEL KEAST

26 | Introducing Our Amazing MCBA Scholarship Recipients

JULIE CERVETTO

30 | Meet Julie Cervetto, Marin County Bar Association’s New Executive Director KRISTINE FOWLER CIRBY

32 | Nurturing Excellence: Lessons from a High School Mock Trial Competition WILLIAM ASPINWALL

36 | Judge’s Profile: Former Chief Justice Tani Cantil-Sakauye’s Journey from the Bench to Retirement

MARRIANNE S. TALEGHANI

County Bar Association

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EDITOR'S INTRODUCTION

David L. Winnett

The Greek philosopher Heraclitus is credited with the observation that everything is in flux and constantly changing, memorialized in his quotation: “No man ever steps in the same river twice, for it is not the same river and he is not the same man.”

It is in that spirit that we dedicate this issue of Marin Lawyer to the multitude of TRANSITIONS we are experiencing throughout the Marin legal community. We are proud to include submissions from our new Presiding Judge, The Honorable Mark Andrew Talamantes (who writes about our nationally lauded transition to electronic filing), our new President Scott Buell (who offers his observations on change), our President-Elect Kristine Fowler Cirby (who introduces us to our new Executive Director, Julie Cervetto), MCBA Director Morgan Daly (who introduces us to our newest judge, The Honorable Kevin Murphy), MCBA Barristers Section Co-Chair William Aspinwall (who writes about the recent high school mock trial competition and shows us how some of the best young minds in our community are coming for our jobs), Deputy Public Defender Rachael Keast (who writes about our Public Defender’s Office’s recent recognition as the

California Public Defender’s Association’s Program of the Year), and MCBA Director Marrianne S. Taleghani (who writes about her interview with retired Chief Justice Tani CantilSakauye and her recent transition to life as a mediator). We also recap our 2024 Board and Officers Installation Dinner and Legal Education Scholarship Fundraiser and introduce you to our impressive MCBA Scholarship recipients.

Let’s engage with MCBA and enjoy these exciting TRANSITIONS together, shall we?

Lead Editor David L. Winnett is a trial lawyer and partner at Liuzzi, Murphy, Solomon, Churton, Hale & Winnett, LLP He is a Director of MCBA after having previously served on numerous local boards, including as VicePresident of Legal Aid of Marin, President of the Marin School of the Arts Foundation,

President of Novato Girls Softball, and as a board member of the Marin Trial Lawyers Association

BIO

BIO

JOIN US

BIO BIO

PRESIDENT’S MESSAGE

Change and Transformation

Scott Buell

From Greek philosopher Heraclitus to Mahatma Ghandi to David Bowie to Taylor Swift, the great thinkers and/or pop stars of their times appear to agree the only constant in life is change; and that change needs to be embraced head on. But really how much change is there at the Marin County Bar Association? We have had a change in the President this year, but we transition to a new President every year. Likewise, the make-up of the Board of Directors changes annually by roughly one third.

Certainly, we have transitioned from former Executive Director Mee Mee Wong to Interim Executive Director Theresa Hurley to our new Executive Director Julie Cervetto over the past few months. It was a transition that was thoughtfully guided by the capable hand of our past President Ahtossa Fullerton. We are fortunate to have Julie taking the Executive Director helm.

The most impactful change we have experienced as an organization lies in the profound ways the practice of law was altered by the COVID-19 pandemic, not just here in Marin County but throughout the nation. Almost overnight, practicing law was thrust into the digital age with remote work, Zoom meetings and virtual proceedings becoming the norm. Moreover, given the looming ubiquity of Artificial Intelligence, the landscape of many professions may soon be dramatically transformed, not the least of which is the practice of law.

All of this at a time when Bar Associations throughout the state and country were already grappling with declining memberships, fewer younger members and financial challenges. While we are hardly at a crisis point here in Marin, I would suggest being mindful that in every crisis lies opportunity. We stand at a pivotal moment of opportunity.

, g responsive to the diverse needs of our members, particularly the younger and newer additions to our legal community. To that end, I am thrilled to have Will Aspinall and Virginia Millacci cochairing the Barristers Section. I encourage our younger members to reach out to them and join the Barristers Section. Not only will MCBA benefit from your unique perspectives and experiences, I would also argue our younger members hold the key to our continued growth and success.

To our more seasoned members, understand that innovation does not necessarily entail abandoning the old in favor of the new. One of the traditional functions of a bar association is for experienced practitioners to mentor newer practitioners. You have so much to offer, please pay it forward.

In essence, the opportunity for change that lies before us at the Marin County Bar Association is not merely a challenge but a call to action. It is a chance to reimagine our role in the legal community, to redefine our priorities, and to

reaffirm our commitment to service and excellence. Help us to chart a course toward an even brighter future for MCBA and the entire Marin County legal community.

We are only as strong as our membership. I entreat all MCBA members to get more involved with your bar association. We have amazing talent, experience and wisdom right here among us. You can see it at any one of the many CLE presentations offered each month. Make a CLE presentation about a topic you know well, get involved with Lawyers in the Library, serve as a discovery referee or small claims pro tem judge. There are so many opportunities out there to make MCBA an even better and more responsive bar association. Your contributions are invaluable. As Gandhi is credited with saying, “Be the change that you wish to see in the world.”

While I know many members, I do not know everyone. I extend an open invitation to all MCBA members to reach out to me, whether to share what you are looking for from the MCBA, suggest ways we can better serve our members and our entire legal community, or simply to introduce yourself and say hello. Your input and engagement are indispensable as we steer this association toward the future. I am confident the best is yet to come for the Marin County Bar Association.

Scott Buell

MCBA President Scott Buell brings over three decades of legal experience to his role as a mediator in a wide range of civil cases including personal injury, property disputes, class actions, and business/ partnership disputes With a background as a public defender in New York City and as a civil defense trial attorney in the Bay Area, he offers a unique perspective and deep understanding of the legal landscape. He serves as a pro tem settlement panelist in Marin County, Sonoma County and Sacramento County Superior Courts He is also a two-term former chair of the MCBA ADR Section

UPCOMING EVENTS

GENERAL MEMBERSHIP MEETING (VIRTUAL)

Wednesday, March 27th

12:00 PM-1:00 PM

Thinking About Becoming a Judge? The Judicial Appointment Process ~ All You Need to Know

ESTATE PLANNING, TRUST & PROBATE SECTION MEETING (IN PERSON)

Wednesday, April 3rd 12:00 PM-1:00 PM

Meet, Eat and Share with your Colleagues

ESTATE PLANNING, TRUST, AND PROBATE & PROBATE LITIGATION SECTIONS MEETING (VIRTUAL)

Wednesday, April 17th

12:00 PM-1:00 PM

Let's Explore End-of-Life DoulasHolistic Support for Life's Final Act

ADR AND LITIGATION SECTIONS (VIRTUAL)

Thursday, April 18th 12:00 PM-1:00 PM

Making Mediation Work--10

Tips for Success

FAMILY LAW SECTION MEETING (VIRTUAL)

Tuesday, May 21st

12:00 PM-1:00 PM

Real Estate Professionals & Family

Law in The Context of the Recent NAR Settlement

GENERAL MEMBERSHIP MEETING (VIRTUAL)

Wednesday, May 22nd

12:00 PM-1:00 PM

Marin County Superior Court CMS ePortal System Update: Tips on

Making the Most of Marin Superior Court's ePortal System

FAMILY LAW SECTION MEETING (IN PERSON)

Tuesday, June 18th

12:00 PM-1:00 PM

Silver Divorce: Using Housing Wealth and Qualified Retirement Benefits to Facilitate Asset Division

SAVE THE DATE

LIFETIME ACHIEVEMENT AWARD DINNER HONORING JUDGE VERNA ADAMS

Wednesday, July 17th

Marin Art & Garden Center

SCOTUS UPDATE ~ WITH RORY LITTLE

Thursday, Sep 26th

The Club Restaurant at McGuiness Park

ANNUAL JUDGES LUNCHEON

Wednesday, Oct 23rd

Embassy Suites

MCLE CONFERENCE

Nov 19th - 20th

Virtual

HOLIDAY PARTY

Wednesday, Dec 4th

Loch Lomond Yacht Club

MCBA LEADERSHIP CIRCLE MCBA LEADERSHIP CIRCLE

Derek G. Howard

Derek G. Howard

Derek G. Howard Law Firm

Derek G. Howard Law Firm

Kristine Fowler Cirby

Kristine Fowler Cirby Cirby Family Law Offices Cirby Family Law Offices

Laurel Halbany Laurel Halbany Kazan Law Kazan Law

Mary McClain Mary McClain McClain Mediation McClain Mediation

Paula Freschi Kamena

Paula Freschi Kamena

Marin County District Attorney (ret.)

Marin County District Attorney (ret.)

Peter Kleinbrodt

Peter Kleinbrodt

Freitas Law Firm Freitas Law Firm

Adelante.

Hon. Mark Andrew Talamantes, Presiding Judge Forward. For many years, our court experienced a period of stability with a full contingent of judges and court commissioners presiding in 14 fully staffed departments. Our court budget, while tight, was stable, and our court leadership was unwavering in our commitment to serving the people of Marin County.

Your judges and our court staff are dedicated public servants. Every Judge on our court has prior experience working in public service, whether employed as a staff attorney for a legal non-profit, working with a criminal justice partner, and/or serving on non-profit boards. The work we do is for the benefit of our community and the delivery of service to the public. It is this dedication to public service that, I believe, makes the Marin Superior Court such a special place.

Life is about transitions, and our court is developing new strategies to move forward and grow, welcoming new judges in the future and fully embracing the use of technology.

Marin’s ECourt system is something special. The Marin Superior Court is the recipient of the 2023 IJIS Institute Thomas J. O’Reilly Innovation Award, given in recognition of our staff’s execution and successful launch of ECourt. This honor recognizes technical innovation that has significantly contributed to the advancement of information sharing in the public sector. Our leadership and information technology teams were recognized for both the innovative and collaborative work to modernize the Court’s records-keeping systems and transition from a paper-based operation, and also for the impacts this project has on providing justice and equity to the good people of Marin County and beyond. How our small-and-mighty court arrived at operating a nationally-recognized electronic filing system is worth reviewing.

With incredible foresight, Hon. Kelly Simmons, acting as the Presiding Judge, first turned the court’s rudder and began our transition from paper to electronic files. She asked Hon. Paul Haakenson to take the lead. Without adequate funding to create an ECourt system and in the face of great skepticism, Judge Haakenson laid the foundation for our electronic filing system. As Presiding Judge, he led the court in identifying the right vendor and prioritized the importance of the transition to electronic files.

Judge Haakenson and James Kim, the Court Chief Executive Officer, secured the funding to launch the ECourt project. Together, they worked tirelessly to persuade the Judicial Council of California that our court was worthy of the funding we needed for ECourt. The baton passed from Judge Haakenson to Hon Andrew Sweet when he became the Presiding Judge. Judge Sweet not only led the court through the turmoil of the COVID-19 pandemic, but he also executed Judge Haakenson’s vision and managed our court’s gradual turn to ECourt. As the court emerged from the worst stages of the pandemic, we grew stronger than ever under his leadership. The court’s conversion to ECourt was full steam ahead when Hon. James Chou became Presiding Judge. Thousands of documents and hundreds of case files were scanned by court staff in preparation for the ECourt launch.

Making it look easy, Judge Chou and Mr. Kim managed our court’s early transfer to electronic

files. They also coordinated linking the court’s ECourt with our justice partners, including the County of Marin, the Public Defender, District Attorney, and County Counsel. Each partner was required to follow our lead to modify their case management systems to effectively communicate with ECourt. Judges Sheila Lichtblau and Geoff Howard were integral members of the ECourt executive committee. Their dedication and service contributed to the successful launch of ECourt in July 2023.

Looking forward, in 2024 and with ECourt in place, the court is preparing to launch the newest initiative to address access to mental healthcare in California: the Community Assistance Recovery and Empowerment Court. CARE Court connects a person struggling with untreated mental illness and often also substance use challenges, with a court-ordered Care Plan for up to 24 months Each plan is managed by a care team in the community and can include clinical counseling, individualized interventions with several supportive services, medication, and a housing plan. I am committed to making CARE court a success in Marin.

The willingness of our judges to move into different practice areas to fill in when needed is something else that distinguishes our Court. I am pleased to announce that Judge Stephen Freccero has agreed to serve as the Assistant Presiding Judge. New assignments for 2024 are as follows: Judge Beth Jordan now leads the Unified Family Court as the division supervisor; Judge James Chou now heads the Juvenile and Probate Departments; Judge Sheila Lichtblau now serves in the Civil Division; Judge Kelly Simmons has returned to the Criminal Division; and Judge Geoff Howard is the Criminal Division Supervisor.

We also look to 2023 with gratitude for the

contributions of our recently retired Judges: Appointed to the court in 2001, Hon. Verna Adams served as a judge with a commitment to excellence, grace and compassion. With too many accomplishments to list here, Judge Adams was instrumental in creating the court’s Self-Help Center. Elected to the bench in 2010, Hon. Roy Chernus, as the former Executive Director of Legal Aid of Marin, brought his values and commitment to justice for all to our court. He was instrumental in creating Marin’s Veteran’s Treatment Court. Appointed in 2013, Hon. Beverly Wood launched Marin’s Community Court, which helps to provide support to Marin’s most financially marginalized. The Community Court is a model followed by counties throughout the state.

Prior to becoming Judges, Chernus and Wood also served as commissioners. We wish them all well in their retirement We also offer Hon Kevin Murphy a warm welcome to the Marin Superior Court. Judge Murphy served as a Judge at the Alameda County Superior Court since 2006. He currently presides in a felony department.

Lastly, I recognize that the transition to ECourt in 2023 was not without its hiccups. I appreciate the space the MCBA gave the Judges and staff to make mistakes along the way. We are human after all, and we are very grateful for your patience.

Adelante. Forward.

The Hon Mark A. Talamantes is a judge for the Marin County Superior Court in California He was appointed to the bench by former Governor Jerry Brown in 2012 Prior to his appointment to the Superior Court, Talamantes spent his entire legal career in private practice After briefly practicing as an

associate at the law firm Brooke, Oliver, and Associates beginning in 1997, he entered into solo practice At the time of his appointment to the bench, he had served as a managing partner at Talamantes Villegas Carrera LLP since 2004

2024 Board & Officers Installation Dinner and Legal Education Scholarship Fundraiser

Julie Cervetto

On February 1st, 140 guests, elected officials, and Judges from the Marin County Superior Court celebrated the induction of our 2024 officers and directors at the Spinnaker Restaurant in Sausalito.

It was a rainy, cold evening, the kind of evening that makes you just want to hunker down with a good book and sit by the fire, in comfiness of your home. Nevertheless,140 guests braved the stormy weather to attend the 2024 Installation Dinner and Legal Scholarship Fundraiser. Guests enjoyed “Thirty-Seven Wines” donated by Brayton Purcell LLP and munched on yummy hors d’oeuvres and a beautiful meal of steak and halibut.

The brief program began with Interim Executive Director Theresa Hurley, who kicked off the brief program by inviting Assemblymember Damon Connolly to present a California Assembly resolution to outgoing President Ahtossa Fullerton. She then asked that the incoming 2024 MCBA President Scott Buell come take the stage to award the Presidents Plaque to 2023 MCBA President Ahtossa Fullerton

Ann Munene and Chris Locke continued the evening with a presentation and an introduction of the 2024 Legal Education Scholarship recipients: Alejandra Chumbes, Natalie Dybeck, Maxwell Friend, Alexandria Kozak, and Nicholas Saloma.

Following the presentation, Judge Roy Chernus (ret.) returned to the stage to begin the Fund-ANeed for the 2024 Legal Education Scholarship. Judge Chernus’s inviting personality encouraged guests to donate to this important need Guests pledged a generous total of over $30,000 to support the MCBA scholarship fund and next year’s scholars. Thank you to our donors for stepping up to the call for financial support for these amazing law students. This would never have transpired without your generosity.

Congratulations to MCBA’s 2024 Officers and Directors

Officers

President: Scott Buell, Buell Law and Mediation

President-Elect: Kristine Fowler Cirby, Law Office of Kristine Fowler Cirby

Treasurer: Thomas M. McInerney, Ogletree Deakins

Secretary: Neusha N. Ghaedi, DeMartini, Walker & Ghaedi LLP

Past President: Ahtossa P. Fullerton, Wasacz Hilley & Fullerton LLP

Five-Year Past President: Lawrence Strick, Strick Injury Law & Mediation

PRESENTATION OF A RESOLUTION TO 2023 MCBA PRESIDENT AHTOSSA P. FULLERTON BY ASSEMBLYMEMBER, 12 THE DISTRICT, DAMON CONNOLLY

MCBA 2024 PRESIDENT SCOTT BUELL BEING SWORN IN BY HONORABLE ROY CHERNUS RET.

ADMINISTRATION OF OATH TO MCBA DIRECTORS & OFFICERS

PRESENTATION OF 2024 LEGAL SCHOLARSHIP RECIPIENTS BY R. CHRISTOPHER LOCKE AND ANN W. MUNENE AWARDEES: ALEJANDRA CHUMBES (MISSING), MAXWELL FRIEND, NATALIE DYBECK, ALEXANDRIA KOZAK, NICOLAS SALOMA

2024 Directors

Emily Harrington, Maier Law Group LLP

Jeffrey G. Knowles, Coblentz Patch Duffy & Bass LLP

Mary A. Stearns, Alternate Defenders, Inc.

Alexander S. Vahdat, Berman Tabacco LLP

David L. Winnett, Liuzzi Murphy Solomon

Churton Hale & Winnett LLP

2025 Directors

Robyn B. Christo, Epstein Holtzapple Christo LLP

Morgan H. Daly, Morgan Daly Law Office

Shanti Eagle, Farella Braun + Martel

Lucie C. Hollingsworth, Legal Aid of Marin

Elisha J. Yang, Hanson Bridgett LLP

2026 Directors

Ingrid L. Carbone, Carbone Family Law

Christine O’Hanlon, Marin County Public Defender’s Office

Roni Pomerantz, CA Department of Justice

Maxwell Pritt, Boies Schiller Flexner LLP

Marrianne S. Taleghani, Nixon Peabody LLP

Congratulations to MCBA’s 2024 Scholarship Recipients

Alejandra Chumbes, 3L University of San Francisco School of Law

Natalie Dybeck, 2L UC Law San Francisco

Alexandria Kozak, 2L Golden Gate University

Maxwell Friend, Berkeley Law

Nicholas Saloma, UC Law San Francisco

Counsel Sponsors

Barrister Sponsors

Boris Schiller Flexner LLP

Buell Law and Mediation

Farella Braun + Martel LLP

Advocate Sponsors

Cirby Family Law

Coblentz Patch Duffy & Bass LLP

Maier Law Group

McNeil Silveria Rice & Wiley

Nixon Peabody LLP

Resolution Remedies LLC

Wine Sponsor

Thirty-Seven Wines

Donated by Brayton Purcell LLP

JUDGE’S PROFILE

MCBA Welcomes the Honorable Kevin Murphy to the Marin County Superior Court!

Morgan Daly

Governor Newsom recently appointed Judge Kevin Murphy to fill the vacancy left by retiring Judge Roy Chernus. Judge Murphy had already been presiding over Department F as a visiting judge for several weeks, taking over Judge Paul Haakenson’s calendar while he was on leave. At the beginning of this year, he moved to Department K, and took over the felony case load from Judge Beth Jordan, who moved to family law. Through these assignments, he has already presided over half a dozen jury trials, and, aside from the fact that he instructs after closing arguments, by all appearances, the transition has been seamless.

It's not surprising that Judge Murphy is right at home here. He grew up in Marin. “I love the outdoors, the natural beauty, the proximity to San Francisco and the coast. And, the weather. It was a great place to grow up and it’s still a great place to live.”

But the ease of his transition likely has more to do with the wealth of experience he brings to the position. Judge Murphy served as an Alameda Superior Court judge since 2006 and, prior to that, as a Deputy District Attorney for the Alameda County District Attorney’s Office.

I joined him in chambers after the morning calendar to discuss his transition to the Marin County Bench, what inspired him to pursue a career in criminal law, and his judicial philosophy.

How is Marin County different from what you’re used to in Alameda County?

It is a very different experience here. As you know, Alameda County is a much bigger county with a much bigger bench, approximately 80 bench officers. On the criminal side, Alameda County operates with a master calendar as opposed to a direct calendar. For the majority of my career in Alameda County, I had a trial court assignment with, in some instances, an ancillary calendar one day a week. Most recently, for example, I was assigned to a felony trial court with an ancillary law and motion assignment every other Friday. I would try cases Monday through Friday except for my law and motion week.

In Alameda there are judges and courts assigned specifically to handle, for example, writs, mental health

Judge Kevin Murphy

writs, mental health court, drug court, veterans court so there is a much different division of labor. The direct calendar approach where each judge handles all different manner of cases is very different.

One of the first things Judge Murphy noticed is the collegiality among the bar here in Marin County. I can tell that people get along with each other. It makes the job much easier for everyone. It’s a smaller community here, all of the courtrooms are in the same building, and folks see each other on a regular basis. Integrity and mutual respect go a long way. The same is true for the bench. You can’t disappear, he said. You have to be involved in terms of stepping up, whether it’s covering each other’s calendars or helping out in general.

Why the transition to Marin County?

An opening arose here at a time when I was thinking about moving. Judge Sweet and I have been friends for a long time, we shared an office in Oakland when we were both assigned to the law and motion division, and often discussed the idea of me moving over here if the opportunity ever arose. It did and here I am.

What do you like best about serving at the Marin County Superior Court, so far?

I am very grateful to have the opportunity to serve in the county where I grew up and still live I have

Judge Murphy shared that, as a student at USF Law School, he would take the 5 Fulton down to the Civic Center to have lunch with his father and his colleagues. Instead of the usual sports or office gossip, they would be chatting about deep subjects, like the Civil War. While his father worked in tax and antitrust, Judge Murphy would find his passion in criminal law.

When did you know you wanted to go into criminal law?

My first year criminal law and procedure class was, by far, the most interesting and challenging class that I took. I loved the subject matter, the issues, and how it played into the relationship between people’s rights and the law. That got me thinking about a career in criminal law. Then, between my second and third years of law school I landed a spot in the Alameda County DA’s summer program. That was an experience that solidified my interest in criminal law. It was fun, interesting, and challenging. After that summer I was convinced that criminal law was the path for me.

How has your experience as a prosecutor, and over 15 years on the bench shaped your perspective?

When I joined the Alameda County District Attorney, the DA was a man named Jack Meehan. He interviewed everyone who went through the application process. I recall him telling me how important the job of a deputy DA was and how integrity was at the top of his list. As a lawyer I was raised, so to speak, in that environment, an environment where if evidence supported a charge the case was prosecuted If the evidence did not, it did not and that was that. I learned that DAs possessed the power to charge and prosecute cases as well as the ability to not charge a case and to dismiss cases if and when it became apparent that the evidence did not support the charge. That was important to me and gave me a level of comfort that I valued. As a result, in my experience as a prosecutor, I tried all kinds of cases. I dismissed all kinds of cases. I charged all kinds of cases and declined to charge all kinds of cases. I think the experience gave me an appreciation for the importance of approaching each case individually and making decisions that were consistent with fairness and integrity.

What inspired you to become a judge?

Earlier in his legal career, Judge Murphy had the impression that judges are a bunch of grouchy old men. He later learned that this was inaccurate. Judges are people too, and it’s possible to do the job with integrity without being harsh and impersonable. So, when colleagues encouraged him to apply, he was open to the idea:

I never really had thoughts of pursuing a judicial position until a few judges who I knew well and had tried cases before in Alameda County suggested I look into it. I had been a prosecutor for quite a while and thought it might be a nice change. I viewed it as

a chance to stay in the same profession but in a different role that would be challenging and important. I had seen over the years the positive impact that judges could have and felt that I could contribute in a positive way from the bench.

What is your judicial philosophy?

I would characterize my judicial philosophy as measured and deliberate. As a trial judge, it is not my role to make the law but to apply it to the various cases that come before me. Obviously, I need to make a whole host of decisions that I think appropriate but in doing so I want to and like to hear from all concerned parties. When you make a decision, very often one side is not as happy as the other. I try to create an atmosphere where people feel, though, that they are heard, that they will be treated fairly and believe that whatever decision that was made was made honestly and fairly.

If a colleague asked me about you, what would you hope I would say?

I’d want you to say that the judge is fair, intelligent, and conscientious, that he will listen to what you have to say and treat you and your client with respect and courtesy. And, that he will take seriously whatever the issue might be that is before the court.

And what would you like litigants to know about appearing in front of you? Any pet peeves?

Judge Murphy leaned back in his chair to think for a moment. Answer the question that you ’ re asked, he said. Wise advice from an experienced judge.

Morgan H. Daly is an MCBA Director and serves on several MCBA committees Her San Rafael-based practice focuses on criminal defense, juvenile matters, restraining orders, and related civil litigation Her fierce advocacy is backed by over a decade of courtroom experience and a background in legal scholarship, having served as a research attorney for the California Supreme Court and as adjunct faculty at USF School of Law

State Public Defender Association Honors Marin Public Defender with Program of the Year Award

Rachael Keast, Deputy Public Defender & Immigration Attorney at Marin County Public Defender’s Office

The California Association of Public Defenders (CPDA) has announced that its Program of the Year award will go to the Marin County Public Defender’s Office for its innovative and collaborative program to aid clients and community members in obtaining their driver’s licenses, known as the DMV Liaison and Outreach Program. In its award letter, the CPDA recognized that the program had not only “helped to transform many lives,” but that it also improved “society at large by helping prevent crime.”

“The Public Defender’s Office is tremendously proud of the DMV Liaison Program and the recognition that the program has received,” said David Joseph Sutton, the Public Defender for Marin County. “The program is impactful because it is both restorative and preventative. We are working with individuals involved in the criminal legal system to restore their driving privileges, thereby avoiding future involvement while simultaneously working to ensure that our most vulnerable community members never enter the criminal legal system in the first instance.”

The program began in 2021, funded by grant money, when attorneys at the public defender’s office realized that clients who were charged criminally for driving without a license or driving on a suspended privilege for the most part wanted driver’s licenses, but were unable to navigate the process to obtain one. Finding one’s way through the DMV bureaucracy can be frustrating for any Californian Add to that the fact that many clients do not speak or read or write in English, are new to this country, and lack computer skills, it was just too complex a task for some. Yet, given the limited public transportation options in Marin, clients were left with very few options to get to work and school, and other destinations.

A large percentage of criminal cases in the county were for these types of charges, putting hundreds of people on probation every year and clogging up the courts, but there was no one in the system actually helping people through the process of getting their licenses. So our office stepped in and hired a DMV Liaison to work with clients directly.

Our DMV Liaison, Gina Gonzalez, uses official DMV software and data, access to which our office went through the process to obtain, to look up clients’ records and figure out what their next steps are to obtaining a license. Gonzalez helps clients enroll in DUI school if necessary, figure out how to pay any outstanding fines, and study for the test She calls the DMV on clients’ behalf, accompanies some clients to their DMV appointments, and files documentation to the criminal court. She is also able to provide updates to the public defender working on the client’s case so this information can be used to negotiate dismissal or other beneficial outcomes with the DA’s office or the court.

“Gina Gonzalez’s assistance has been absolutely vital in aiding my clients with what is oftentimes a complicated, unfamiliar, and long process of getting their licenses, and she goes the extra mile,” said Deputy Public Defender Patricia Castillo. Gonzalez reports that “the people we have reached and helped are grateful and feel capable of doing more for themselves and their families.” Karen Cecilia Rizo Brard, who held the DMV Liaison position before becoming a bilingual investigator at the office, recalls how having a license, though “it might seem small… opens educational and employment opportunities that many of us usually take for granted.”

By the end of 2022, the DMV Liaison had successfully helped 40 clients obtain their driver’s licenses, with many more still receiving help toward that goal. During that year, the work of the Liaison also helped obtain improved criminal outcomes in at least 29 cases, including dismissals, diversions, reductions to infractions, etc. In 2023, we had even more success. The program helped 395 clients, 65 of whom received their driver’s licenses. This led to 21 dismissals of criminal charges and 13 cases where diversion was granted. The DMV Liaison position is now a full-time, grant-funded position. Sutton is seeking an extension of this position through the County’s current budget process.”

The Public Defender’s Office wanted to bring our success to the community at large, so in 2023, the office partnered with Legal Aid of Marin, Canal Alliance, and Dominican University to offer evening and weekend workshops for anyone to attend. Dhalma Suarez, Program Officer for Legal Aid of Marin, was instrumental in bringing this program about. Suarez reports: “We have observed individuals balancing multiple jobs, familial responsibilities, and community duties, yet they make time to attend our workshops and weekly Espacios de Apoyo (Spaces of Support) to study the DMV manual, practice tests, ask questions, and bravely engage with a system that often feels overwhelming.”

Dr. Lucia Leon, Assistant Professor of Latino Studies and Social Justice at Dominican, joined the program and brought her Latino Studies students as one-on-one, bilingual advocates for participants. "As a professor, I am proud of our students’ contribution to this project and the expansion of driving rights as an important civil rights and immigrant rights issue,” rights issue,” she said. “Through our weekly Espacios de Apoyo, student advocates work closely and build trusting relationships with community members to reduce the economic, language and social barriers to the obtainment of a driver's license.”

Joana Castro Simonini, Director of Immigration Legal Services at Canal Alliance, not only provided the space for the community workshops but also helped to provide a key component of this work for participants, nearly all of whom are not United States citizens: an individualized consultation with an immigration attorney prior to initiating the process. This is an unfortunately necessary step as DMV does, in some circumstances, share information with Immigration and Customs Enforcement.

The Public Defender’s Office will be presented with the award at the upcoming 54th Annual CPDA Convention Past CPDA Program of the Year award winners have included the Los Angeles County Public Defender's Second-Chance Women’s Reentry Court Program, the Contra Costa County Public Defender's Early Representation Program, and the Alameda County Public Defender’s Immigration Representation Unit.

The Marin County Board of Supervisors plans to honor the Public Defender staff at an upcoming meeting.

Rachel E.

Marin County

the Public Defender Rachael Keast has been working on crim/imm issues since she first became an attorney in 2005. For nearly eight years, she has been in-house immigration counsel in public defenders’ offices, first in Alameda County and currently in Marin Prior to that, Rachael was an associate at the Law Office of Michael K Mehr in Santa Cruz, and a staff attorney at the Florence Immigrant and Refugee Rights Project, representing detained people in removal proceedings in the Arizona desert. Prior to law school, she was an immigration paralegal.

Keast, Deputy Public Defender & Immigration Attorney,

Office of

Introducing Our Amazing MCBA Scholarship

Recipients

Julie Cervetto

MCBA founded its Legal Education Scholarship in 2011 under the leadership of MCBA President Otis Bruce. The vision was to establish a scholarship fund to help deserving law students connected to Marin County with their law school expenses. Seeded with an initial $50,000, the fund has provided 41 scholarships to 53 recipients to date. Every year, MCBA is proud to advance the legal careers of these accomplished students and to continuously expand the ranks of the MCBA Legal Education Scholarship alumni.

Alejandra Chumbes, 3L - USF School of Law

Ms. Chumbes is actually a return recipient of the Legal Education Scholarship, and now as a 3L at USF Law School she is looking forward to launching her legal career in Employment Law.

Ms. Chumbes grew up in Peru and immigrated to the United States at a young age. Immigrating to the United States and being raised by a single mother had its challenges, especially as it came to navigating the educational system, where she felt that she had to shrink her dreams because of the financial realities she faced. However,

Ms. Chumbes started her college career at Community College and, with the help of mentors and persevering through many obstacles, she was able to transfer to UC Santa Cruz and finally obtain admission to law school.

As a first-generation, low-income law student, Ms Chumbes has worked at Legal Aid of Marin, where it has meant a lot to her to make legal services accessible and advocate for low-income Marin County residents. Last summer, Ms. Chumbes was a summer associate in the labor and employment practice at the McDermott law firm So, MCBA is again pleased to offer her another Legal Education Scholarship this year.

ANN W MUNENE WITH SCHOLARSHIP RECIPIENTS, NATALIE DYBECK, MAXWELL FRIEND, ALEXANDRIA KOZAK, NICOLAS SALOMA

Natalie Dybeck, 2L - UC Law, San Francisco

Natalie is back for a second year as one of our scholarship recipients, and it is very welldeserved. She is a 2L at the University of California School of Law, San Francisco, where

s or of the Environmental Law Journal, serves as Director of Professional Development of the Women’s Law Society, and coordinates an alumni mentorship program.

She intends to pursue a career in environmental law, with an emphasis on combating climate change and promoting environmental justice.

Natalie grew up in Marin County and is a graduate of San Marin High School. Prior to law school, she served on the staff of Congressman Jared Huffman. She has also worked with the Marin County Fire Department on wildfire prevention programs.

This past summer, Natalie served as a law student intern in the Natural Resources and Environmental Law Section of the California Attorney General’s office in Sacramento.

Natalie is on a great trajectory for an outstanding legal career. We are delighted to provide some encouragement and financial support to help her achieve her goals

Max Friend, 1L -Berkeley Law

Max is in his first year at Berkeley Law. He is a graduate of Redwood High School and Williams College, where he played varsity lacrosse and majored in mathematics.

His interest is in criminal justice and public interest law, and he already has a formidable resume in those fields.

During college, he was an intern with the Innocence Project Northwest. Between college and law school, he worked as an intern investigator with the Brooklyn Defender Services in New York, as a paralegal in the Habeas Corpus Resource Center in the Bay Area, and as an afterschool tutor in math, writing and social sciences at under-resourced schools in San Francisco.

Max is currently a Workers Rights Clinic Counselor at Legal Aid in Berkeley. He is founder and co-leader of the Diversity, Equity and Inclusion Committee, and he serves as District Leader for the Soka Gakkai International Buddhist Organization.

We are fortunate to have stellar candidates like Max for these scholarships. We wish Max every success in pursuing his career in criminal justice and public interest law.

Alexandria Kozak, 3L - Golden Gate University

Alexandria Kozak is another repeat recipient for the Legal Education Scholarship, and, as a 3L, she is aspiring to be a family law attorney.

Although Alexandria had

of becoming an attorney during her undergraduate years, law school was a daunting thought, especially in light of the fact that she would be the first in her family to graduate with a law degree. So, Alexandria proceeded to start her legal career as a paralegal and legal assistant, which included working at the Marin County District Attorney’s Office. This experience provided her with a good foundation to make the decision to attend law school.

She has worked as an intern at Legal Aid of Marin and at a Women’s Employment Rights Rights Clinic as a Certified Law Student representing a client through mediation. This year she has also been able to author an article on Labor Trafficking, which will be published in one of the Law Reviews.

So MCBA is again pleased to offer Alexandria another Legal Education Scholarship this year.

Nicholas Saloma, 1L -UC Law, San Francisco Property.

Nicholas Saloma is a first-time recipient of the Legal Education Scholarship as a 1L at University of California Law, San Francisco. He aspires to be a civil litigation attorney with

Although Nicholas grew up under some challenging circumstances, he strived to obtain a college education with an undergraduate degree n Philosophy and English, Cum Laude. He is the first in his family to attend college in the United States. MCBA is pleased to offer Nicholas Saloma a Legal Education Scholarship this year.

Congratulations to all of our MCBA Legal Scholarship recipients! And our great appreciation to the generous donors to the Scholarship fund. We raised nearly $30,000 at MCBA's Installation Dinner & Legal Scholarship Fundraiser. This will enable us to continue to support other law students in the future.

Julie Cervetto has managed and worked directly with Boards of Directors for the past 13 years. Her experience is in Board meeting administrative support and meeting management She also has over 20 years experience in the event industry, as an Event - Meeting Planner, Operations and Project Manager

Meet Julie Cervetto, Marin County Bar Association’s New Executive Director

Kristine Fowler Cirby

Julie Cervetto joined MCBA on January 8, 2024, as our new Executive Director. Previously she was the Executive Director of the Larkspur Chamber of Commerce, a position she held for four years. While at the Larkspur Chamber, Julie grew the membership significantly and made the Wine Stroll a huge financial success.

Before working for the Larkspur Chamber, Julie was the Director of Special Events for Berkeley Repertory Theater. There, among other successes, she exceeded fundraising goals, implemented and oversaw successful Galas, Opening Night and donor events, and developed training programs for her team and the volunteer program.

On a more personal level, Julie was born and raised in Marin County, attending Marin Catholic High School, College of Marin and San Francisco State University. She is one of six children, five g

historical novels. She is a huge fan of author James Patterson. When she reads, she is able relax and go into a new world. She also loves

walking with her dog and spending time with her family.

Julie raised four boys in Marin County and is extremely proud that they are doing well in their lives. Three sons remain in the Bay Area, and one moved to Tahoe to work remotely. After raising her boys, she enjoys spending time with her two granddaughters, Ellie, age 6, and Annabelle, age 4. Julie also loves sharing time with her friends. She has remained close with her group of ten friends from high school, and the group plans activities several times per year to stay in touch.

At MCBA, Julie is excited to learn more about the legal community and the issues that go with the practice of law She acknowledges that she has a huge learning curve but is up to the challenge. She appreciates working with the MCBA Board, whom she has found to be very supportive, and she loves meeting each of the members.

Please say hello to Julie at MCBA’s next event!

more than 32 years, Kristine Fowler has dedicated her life to helping es find the best resolution to their legal s She has worked with many different of families with many different types of ms Her experience has given her a array of knowledge to provide high y representation to clients

JULIE CERVETTO, INCOMING EXECUTIVE DIRECTOR

MCBA’s Lifetime Achievement Award honors community titans with long, distinguished legal and public service careers who have left indelible marks on Marin County and our Bar Association. MCBA is proud to announce that, for only the fourth time in its history, we will bestow this award on the very deserving Judge Verna Adams, the first woman to ever receive this coveted award.

Save the Date

Please Save the Date for an evening dinner celebration and ceremony on July 17, 2024, at the Marin Art and Garden Center in Ross. More information will follow in the coming weeks.

Congratulations,JudgeAdams July 17, 2024

Nurturing Excellence: Lessons from a High School Mock Trial Competition

William Aspinwall

A new generation of legal practitioners walked into the Marin County Superior Court on a Saturday morning in early February for Marin County’s Mock Trial competition. Frenetic and youthful energy filled the courthouse hallway with excitement. Morgan Daly, a local attorney in her third year of coaching the team at Archie Williams High School, gathered her students at the end of the hall for some last-minute instruction. She reminded her students that a witness’ credibility is always fair game on cross-examination. With a final refresher on the distinction between binding cases versus merely persuasive cases, she sent her team into the courtroom to argue pretrial motions. They were ready.

The Mock Trial Competition is a state-wide academic competition sponsored by MCBA and organized by the Marin County Office of Education. Student-led teams from local high schools prepare the prosecution and the defense of a mock trial (typically a murder), complete with pre-trial motions (typically on constitutional issues). The teams are coached by Marin County trial lawyers representing practice areas ranging from landlord-tenant law, family law, criminal law, and everything in between. The mock trials are presided over by real judges over the course of two Saturdays in January and February. The ‘jury’ consists of local attorneys who deliberate and render a verdict as well as score the students on their performance.

Judge Sheila Lichtblau served as coordinating judge this year, taking over for Judge Paul Haakenson: “Once again, the mock trial competition was a resounding success. The students really knocked it out of the park this year. It was an honor to serve as the coordinating judge this year and I was happy to see such great participation from our judges. Kudos really goes to Michelle Drake and her colleagues at the Marin County Office of Education. They do 90%

of the work to ensure mock trial runs smoothly every year.”

I observed the competition this year and was amazed to see high school students argue pretrial motions with better reasoning and clarity than some veteran advocates. The pre-trial issue involved a Fourth Amendment challenge to a geo-fence warrant. Judges interrupted the students’ prepared statements with probing questions. The interruptions challenged the students to think on their feet a trait essential not only in litigation but also in high school, college, and beyond. These young advocates rose to the challenge, adeptly analogizing and distinguishing cases and educating the court on how the case law supported their respective positions. Their performance was a testament to the power of preparation.

During opening statements, the competitors demonstrated a mastery of courtroom advocacy beyond their years. The students adhered to courtroom norms by requesting permission from the judge to enter the well. They stood to face the jurors with confidence and poise. Their

opening statements were often entirely memorized. The young advocates engaged with jurors without so much as a glance at their notes. I challenge my fellow attorneys to approach their next trials with this high level of preparation.

Joel Gumbiner, Terra Linda High School’s attorney coach, proudly announced that his students were, “as good as anybody who tries cases in Marin.” David Vogelstein, long-time attorney coach for Tamalpais High School, agreed. Vogelstein’s team has won 29 county championships and four state titles over the last 30 years. He coached the only California team to have won a national championship. Tamalpais mock trial competitors have gone on to clerk on the United States Supreme Court. Vogelstein’s passion for trial advocacy has rubbed off on his students. “Litigation shouldn’t be done unless it’s fun,” said Vogelstein. He encouraged his students to find joy in what they do to relieve the pressures of their daily lives.

As the competition continued, the students found joy in direct and cross-examination. Students were tasked with laying proper

foundations for their trial exhibits. They faced well-crafted objections from opposing counsel. Occasionally, the competitors were forced to abandon their pre-planned line of questioning due to a sustained objection. The students impressed with their ability to pivot to a new line of direct examination to avoid drawing further objections.

On cross-examination, these young advocates deftly controlled the narrative, confronted contradictory testimony, and impeached witnesses with precision. One Archie Williams student, Corina Karr, became the star of the show during cross-examination. The witness tried to wriggle out of answering a fair line of questioning, but Karr held him to account through pointed leading questions.

Closing arguments were as polished as opening statements The students had memorized their entire closing arguments without looking at any notes. It is rare to see veteran attorneys make it through a closing argument without referencing their notes. The students showed the jury their mastery of the facts and the law. They proved

ATTORNEY COACH MORGAN DALY WITH THE ARCHIE WILLIAMS MOCK TRIAL TEAM, HOLDING BLUE RIBBONS FOR OUTSTANDING ACHIEVEMENT AS DEFENSE COUNSEL, PRETRIAL ATTORNEY, AND BAILIFF.

their dedication to their client, their passion for their case, and their belief in the righteousness of their cause.

Following the verdict, students from opposing teams voted on awards to honor their competitors. Opposing counsel voted on MVPs after the competition. In doing so, the students recognized the skills, abilities, and contributions of the other side. Opposing counsel’s recognition of each other’s talents and preparation fostered a culture of civility and mutual respect a tenet sorely needed in the legal profession.

The two finalists were Marin Catholic High School and Tamalpais High School. These teams faced each other in a final round, and Tamalpais emerged the victor. Tamalpais High School went

One thing became clear as the curtains closed on Marin County’s Mock Trial Competition: the future of the legal profession is bright. High school mock trial competitions serve as crucibles where young minds explore the contours of legal advocacy. The passion, preparation, and professionalism exhibited by these young advocates should serve as a beacon of hope in an ever-evolving legal landscape. As they transition from mock trial courtrooms to real ones, we can take solace in knowing that the practice of law is in good hands with the next generation. Let us heed the lessons learned from these competitions to nurture excellence, civility, and mutual respect in the legal profession.

As a former prosecutor, William Aspinwall understands the strategies and tactics the

JUDGE SHEILA LICHTBLAU STANDS WITH STUDENTS FROM SAN MARIN HIGH SCHOOL AND MARIN CATHOLIC HIGH SCHOOL DURING THE MOCK TRIAL COMPETITION.

PROFILE

Former Chief Justice Tani Cantil-Sakauye’s Journey from the Bench to Retirement

Marrianne S. Taleghani

Former Chief Justice Tani Cantil-Sakauye was the 28th chief justice of the State of California. As the first Filipina and the second woman to serve on the state’s highest court, Chief Justice CantilSakauye has paved the way for numerous women aspiring to pursue careers in law and the judiciary. Her 32 years of service on all levels of the state’s courts, including 12 years as Chief Justice, are distinguished by remarkable progress and policy initiatives that continue to shape the landscape of our judicial system. Her leadership and vision during the unprecedented COVID-19 pandemic were especially critical, resulting in continuing access to our courts through the use of technology.

Since her retirement from the bench in 2023, Chief Justice Cantil-Sakauye has taken on two very distinct roles. She currently serves as the President & CEO of The Public Policy Institute of California and as a neutral with ADR Services, Inc. As the President and CEO of The Public Policy Institute of California, Chief Justice Cantil-Sakauye hopes to positively impact and influence the creation of good law that promotes innovation and sustainable policy solutions. As a mediator, she enjoys the ability to interact and engage with attorneys and their respective clients in a way that she was unable to as a judicial officer. She considers the level of engagement with the parties and their counsel to be the highlight of her mediation practice.

I recently had the pleasure of speaking with the former chief justice following her transition from the bench. She shared valuable insights and words of advice for those currently serving on the judiciary and those aspiring to serve.

What does your day-to-day life look like since retirement?

Since her retirement, Chief Justice Cantil-Sakauye’s day-to-day life has changed considerably. For 32 years her life was regimented; marked with order and limitations. As a retired judge, she enjoys greater freedom and choice, including the ability to publicly voice her opinions. Although her life is no longer as structured as it was during her time on the bench, her new responsibilities keep her actively engaged.

Justice Tani Cantil-Sakauye

What advice do you have for judges looking to retire or are thinking about retirement?

For judges looking to retire, Chief Justice Cantil-Sakauye’s advice is to mentally prepare yourself for the changes to come. These include changes to your title, position, reputation, and service to the community at large. Having served on the bench for over 32 years, she struggled to think outside of the black robe and had difficulty envisioning what would come after that phase of her career. While seemingly daunting at the onset, she characterizes these changes as refreshing. She laughed about her newfound liberation which includes the ability to walk into a Starbucks without her security detail and the comfort of being able to wear jeans on an airplane.

What do you miss about serving on the bench?

Among other things, Chief Justice Cantil-Sakauye misses the deep legal analysis that she and her colleagues engaged in regularly. The varying and informed points of views from her colleagues were especially valuable to her. She also misses the regular camaraderie and the people she worked with for took time to adjust to her role as judge. Overtime, things will fall into place.

Her final advice to lawyers as a whole is to understand that we are so much more than our degree and title. Each one of us has a calling, tune in to that.

What inspired you to dedicate more than 30 years of your career to the judiciary?

Chief Justice Cantil-Sakauye’s commitment to justice is what has kept her on the judiciary for over three decades. Her commitment to something greater than herself gave her a sense of purpose and motivation to keep showing up each day.

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If you are a current 2024 MCBA member, you can use the listserv to query your colleagues on legal updates, ask for recommendations for experts, share Court administrative processes, and use the platform to expand legal knowledge. To maintain engagement and sign-ups, we don't use the listserv for advertising, campaigning, or for public discourse To join the listserv Sign Up HERE Start using the listserv and email your message to current subscribed MCBA Members at mcba@groupvine.com or send to these specific practice

THERE ARE MANY EXCELLENT REASONS TO BECOME A MEMBER OF MCBA! HERE ARE JUST A FEW:

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Build relationships with fellow attorneys and other professionals.

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In collaboration with our sections, we offer many CLE programs, covering topical and timely issues.

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MCBA, with The Marin County Law Library, offers free legal consultations through our Lawyers in the Library program.

SUPPORT and RECOGNITION

MCBA supports financially disadvantaged students pursuing a law school degree and all high schools participating in Mock Trial.

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Marin County Bar Association

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2024 Director

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