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
4 | Editor's Introduction
JEFFREY KNOWLES
6 | 2024 President’s Message SCOTT BUELL
11 | Q&A: Getting Ready for Election Season with Lynda Roberts, Marin County Registrar of Voters
MARIN COUNTY BAR ASSOCIATION
14 | Bay Area MCLE Conference - Collaborative Virtual Conference Hosts Legal Experts
LMARIN COUNTY BAR ASSOCIATION
16 | Are you Ready to Vote? Voting Period Starts October 7 for the 2024 General Election
LYNDA ROBERTS
19 | Tacos, Games, and Friends: MCBA’s End of Summer Picnic Brings Joy to All KRISTINE FOWLER CIRBY
22 | Advancing Effectiveness in Governance: Evolving Marin County’s Boards and Commissions
CARLA KACMAR & CRYSTAL MARTINEZ
26 | Judge’s Profile: A Coffee Chat Q&A with Judge James Schurz
NEUSHA GHAEDI & MIA VILLANUEVA
32 | My Week in Chicago at the 2024 Democratic National Convention TOM MCINERNEY
Jeffrey Knowles
In a presidential election year, it is natural that most of the media attention focuses on national candidates and issues. But elections are generally administered at the county level and, of course, there are any number of local races that will be on the ballot as well.
Here at the Marin Lawyer, we thought it would be helpful to devote this month’s issue to our county’s election process. From a piece about our local boards and commissions co-authored by Carla Cacmar, Assistant Clerk of the Board of Supervisors, and Crystal Martinez, and aide to one of the Supervisors, to interviews with one of our new judges, James Shurz, and our County Registrar of Voters Lynda Roberts, we proudly present a number of highly informative articles.
Let’s go vote!
Jeff Knowles is a trial lawyer practicing complex commercial litigation with an emphasis on intellectual property matters He has specific expertise in copyright, trademark, trade secret, Lanham Act, and other unfair competition cases, with deep experience in music-related litigation He has represented
y of industries, from music and Internet technology to consumer products and real estate.
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Stepping Up
Scott Buell
With Election Day fast approaching, it’s time to reflect on the crucial role each of us can play in shaping the future of our country. Voting has always been the foundation of democracy, but it’s particularly crucial this year. The choices we make in the weeks ahead will affect not just our policies but perhaps even the future of democracy itself. Whether it’s supporting candidates, advocating for the rule of law, or helping ensure others are able to vote, our participation has never mattered more.
As members of the MCBA, we hold a special responsibility to protect the values of justice, fairness, and the rule of law. These principles are at the heart of our legal system, and they are essential to the health of any democracy. In this pivotal election, as we face challenges that test those very principles, it’s important that we each do our part to safeguard the institutions that support democracy. When we engage whether by volunteering for campaigns, advocating for causes, or educating others about the importance of voting we’re not just participating in democracy; we’re defending it.
As Thomas Jefferson said, “The government you elect is the government you deserve.” If we want a government that upholds the values we care about fairness, justice, and the rule of law then it’s up to us to ensure those values are represented Our democracy cannot function effectively without active engagement from its citizens, and that engagement has never been more important.
actions that influence the outcome. Unlike sports, our involvement can directly affect whether our preferred candidates win or whether key legislation or propositions pass. Now is the time to get involved and take action.
Many of us are sports fans—we cheer for our favorite teams, hoping they’ll win, but we know that hoping or even shouting from the comfort of our living rooms doesn’t actually change the outcome of the game. But it’s different for elections. While we can fervently support a candidate or an issue, we can also take real
There are several ways to be effective before Election Day, no matter how much time you can give. You can volunteer to help with campaigns by knocking on doors, making phone calls, or organizing events to spread the word. If you prefer a more social approach, attending or hosting a fundraiser is a great way to connect
with others while raising critical resources for your candidate or cause. You can also take on a hands-on role by becoming a poll worker or poll watcher, ensuring the election runs smoothly and fairly. Social media is a powerful tool for raising awareness use it to share information and encourage others to vote. Get-Out-the-Vote efforts are also vital whether it’s encouraging your neighbors or working with an organization to remind people to vote, every effort counts. However you choose to get involved, remember that every action, big or small, helps strengthen our democracy.
As MCBA members, we are leaders in our local legal community. Our role as attorneys gives us a platform to influence those around us. When we get involved, it sends a powerful message: that civic engagement is not just a responsibility but a priority. We’re not just legal professionals we’re also community members with a vested interest in the well-being of our society. By stepping up and getting involved, we demonstrate our commitment to protecting the values that underpin our legal system and our democracy. Let’s use our unique position to inspire others to get involved, to vote, and to make their voices heard. The actions we take leading up to Election Day 2024 will help shape the future of our local community, our state and our nation.
I encourage everyone to find ways to get involved. By working together and staying active in the process, we can ensure our democracy remains vibrant and reflects the values we care about most. Your participation truly matters and can make a difference.
Looking toward the future of our democracy, it’s crucial that we engage the next generation. I’m excited to share that the MCBA will resume Law Day activities for local high school students next May, led by Director Roni Pomerantz. By engaging students early, we help build a foundation of civic responsibility and encourage them to be active participants in their communities. Getting young people involved is essential to ensuring the future of our democracy remains strong and vibrant. I encourage all of you to get involved and help make this effort a success.
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
ANNUAL JUDGES LUNCHEON
Wednesday, Oct 23rd
Embassy Suites
Honoring the Marin County Superior Court Judges and Commissioners
BAY AREA MCLE
CONFERENCE - TWO DAYS (VIRTUAL)
November 19th - 20th
9:00 AM - 5:00 PM
2024 MCLE Conference features a Collaborative Virtual Conference
Hosting Scholars and Legal Experts
MCBA HOLIDAY PARTYSAVE THE DATE
Wednesday, December 4th
12:00 PM-1:00 PM
1.0 GENERAL CLE
Loch Lomond Yacht Club
Fee includes one drink ticket, meal from a Food Truck and endless networking with friends and colleagues.
Q&A: Getting Ready for Election Season with Lynda Roberts, Marin County Registrar of Voters
Marin County Bar Association
In anticipation of election season, the Marin County Bar Association posed questions for Lynda Roberts, Marin County’s Registrar of Voters. Below, Ms. Roberts discusses the role of her office and how Marin County voters can prepare for the upcoming election.
What is the role of the Marin County Registrar of Voters?
As the department head, I oversee all aspects of managing elections and mandated responsibilities. Including me, we have a team of 12 people. Various roles include candidate services, voter registration, vote-by-mail, vote centers and election workers, military and overseas voters, voter education and outreach, ballot creation and tabulation, logistics and equipment.
What are the trends you've seen in the past five years relating to voting in Marin?
Since November 2020, over 90% are voting by mail Before that it was in the 70-80% range (going back to 2014).
In terms of voter turnout and elections, how does Marin differ from surrounding counties, if at all?
Marin is usually in the top five for turnout, only behind smaller counties. Sometimes Marin is #1 or 2 in the state.
What are the biggest challenges Marin County faces in terms of elections?
Deadlines – there is a lot of work to do in a very short amount of time, and it all needs to be accurate.
What are your top priorities in terms of voting/elections in Marin, for this upcoming election and beyond?
Maintaining the long-standing reputation of wellrun elections
What are your suggestions for would-be voters before this coming election?
Read the County Voter Information Guide that will be mailed starting the end of September Don’t wait until the last minute to vote this is going to be a very long ballot
If you vote in person, take advantage of the early voting days (info is in the voter guide)
If you vote by mail, make sure to mail the ballot back in plenty of time so it arrives before Election Day; waiting until Election Day to return a ballot by mail could mean a late postmark (i e postmarked after Election Day), or late delivery (after the 7-day window). OR use one of the official ballot drop boxes that will be available starting on October 8.
Lynda Roberts
Sign your ballot return envelope and make sure your signature compares with your voter registration form this will be the signature on your driver’s license if you registered online or at the DMV; otherwise, you may stop by the office to see your signature or you may re-register to update your signature.
If you moved since the March election, reregister now so we have your correct residence and mailing address
Track your ballot by signing up for the free service offered by the Secretary of State’s Office HERE; this service lets voters know when we have mailed their ballot and received and processed their ballot
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 McLain Mary McLain
McLain Mediation McLain 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
Bay Area MCLE Conference - Collaborative Virtual Conference Hosts Legal Experts
Marin County Bar Association
Marin County Bar Association presents a twoday virtual conference with a wide array of provocative MCLE programs that fulfill 6 general credits and 6 specialty credits. We have two fabulous Keynote Speakers who include:
Day 1 (Tues): Joshua P. Davis, a shareholder with Berger | Montague and Research Professor at the University of California San Francisco College of the Law, who will present on the Whether AI May Become Conscious, How It May Become Conscious, and Why It Matters for Ethics and Law.
Day 2 (Wed): Dave Jones, Director of the Climate Risk Initiative at UC Berkeley’s Center for Law, Energy and the Environment (CLEE) and former California Insurance Commissioner, who will be addressing the issue of Wildfires & Insurance Companies Leaving California.
Also, on Wednesday to close out the 17th year of the MCBA Conference, we will have a Q&A session with author Nancy McLean discussing her award-winning book, Democracy in Chains: The Deep History of the Radical Right's Stealth Plan for America.
Distinguished speakers will cover topics such as Grants Pass Litigation; Forgiveness & Healing Conflict; Creating Diverse & Inclusive Workspaces; Reclassification of Marijuana; Substance Abuse; Mental Health & Well-being; Child Custody Support Services Available; Home Equity Scenarios for Retirement; and Practical Implications of AI for Litigators.
Attending the MCLE Conference will provide the following MCLE:
1 CLE | Implicit Bias/Bias-Reducing Strategies
1 CLE | Legal Ethics
1 CLE | Competence Wellness
1 CLE | Competence Prevention and Detection
1 CLE | Technology in the Practice of Law
1 CLE | Civility in the Legal Profession
6 CLE | General
The following bar associations are partnering with Marin County Bar Association and their members will receive Member pricing.
Bar Association of San Francisco
Marin County Women Lawyers
Marin Trial Lawyers Association
Napa County Bar Association
Sacramento Bar Association
Santa Clara County Bar Association
Solano County Bar Association
Sonoma County Bar Association
The Conference Planning Committee includes Kristine Fowler Cirby (Chair), Scott Buell, Julie Cervetto, Morgan Daly, Emily Harrington, Maxwell Pritt, Nestor Schnasse, Marianne Taleghani, and Alex Vahdat.
Sponsorships Available, contact Julie Cervetto, jcervetto@marinbar.org or call 415-499-1314.
Watch for your registration email coming soon! We look forward to seeing you at MCBA’s 17th Annual MCLE Conference on November 19 and 20, 2024!
Are you Ready to Vote? Voting Period Starts October 7 for the 2024 General Election
Lynda Roberts, Registrar of Voters for Marin County Election Day is November 5, 2024, but the voting period starts on October 7 when ballots are mailed to all active registered voters. Ballots will include all candidates for President of the United States, U.S. Senate, U.S. Representative, Member of the State Assembly, and state propositions. Some ballots will include local races and measures depending on where you live.
at a vote center.
Do you typically vote by mail? Remember to sign your ballot envelope. We cannot process a ballot if the signature is missing or does not compare with the signature on file. We will send a letter if this happens, but this delays processing ballots. Voters may stop by the Elections Department to check their signature or may re-register to update their signature. A driver’s license signature will be used for those who registered to vote online or while renewing a license at the DMV.
Would you like to know when we receive your ballot? Sign up for a free ballot-tracking service here to receive email, text, or voice call notifications about your ballot status. Did you know that one of the top reasons why we can’t count a ballot is because of a late postmark? Ballot envelopes must be postmarked no later than November 5 (Election Day) and received by November 12, or dropped at a vote center or official ballot drop box by 8 PM on Election Day. The list of vote centers and drop boxes is printed in the voter information guide. Voters may allow someone they know and trust to return the ballot by completing the form on the back of the return envelope.
Do you prefer to vote in person? The list of vote centers with days and hours of operation is printed in the voter information guide. You can go to any vote center location in Marin County.
When will we count your ballot? We will include mail ballots received by October 28 in election night results. Vote-by-mail ballots received less than seven days prior to Election Day will continue to be processed and counted in the days following the election. All ballots voted at vote centers will be counted by election night. A new law allows a voter to cast their vote-by-mail ballot without an envelope at a vote center as long as they check in with the election workers, who will update their voting history, and sign the roster.
You may call (415) 473-6456 if your ballot packet does not arrive by October 16 or you can visit the Marin County Elections Department starting October 7 to receive in-person voting services or vote on an accessible ballot marking device.
Resources:
Marin County Elections Department 3501 Civic Center Drive, Suite 121, San Rafael.
Regular business hours are weekdays, 8 AM to 4:30 PM and on Election Day, 7 AM to 8 PM. Check registration at voterstatus.sos.ca.gov, or call (415) 473-6456.
Lynda Roberts has been the Marin County Registrar of Voters since July of 2014 Before this appointment she was the ClerkRecorder-Registrar of Voters and Clerk of the Board of Supervisors in Mono County, California, for seven years She lived on the Big Island of Hawaii from 2005- 2007 and
development department at Parker School, a private K-12 college prep school Her career in public service and elections started with Salt Lake City municipal government in 1977 Lynda earned a Master of Public Administration degree from the University of Utah in 2005 and graduated from the San Rafael Leadership Institute and the Marin County Leadership Academy in 2017 She is a member of the California Association of Clerks and Election Officials (CACEO), a professional association
MBCA Program Sponsors
Tacos, Games, and Friends: MCBA’s End of Summer Picnic Brings Joy to All
Kristine Fowler Cirby
On Sunday, September 15, 2024, the MCBA came alive with laughter and joy at its first-ever summer picnic, hosted at McNears Beach Park. With over 36 enthusiastic attendees soaking in the perfect sunny weather and creating a vibrant display of community spirit.
victorious with their seemingly indestructible egg congratulations to them!
One of the highlights of the day was the opportunity for attendees to unwind with
Kristine Fowler Cirby has dedicated the past 30 years to advocating for clients in all aspects of family law. Prior to opening her own firm in 2019, she worked at the Family & Children’s Law Center for over 20 years, in a variety of capacities representing the indigent and survivors of domestic violence She
currently serves as President-Elect on the Board of Directors for Marin County Bar Association, and on the Rally Family Visitation Services Advisory Board She previously served on the Board of Trustees for the Marin County Law Library, and the Marin Women's Commission
MOMENTS FROM MCBA’S FIRST EVER SUMMER PICNIC
Advancing Effectiveness in Governance: Evolving Marin County’s Boards and Commissions
Carla Kacmar, Marin County Assistant Clerk of the Board & Crystal Martinez, Board Aide and Former Commissioner
Serving on a Marin County board or commission offers a valuable avenue for civic engagement, providing a platform to influence local policies and priorities while representing the interests of your community. With over 50 distinct boards and commissions, Marin County has a wide array of topics and issues to weigh in on. These entities play a crucial role in advising the Board of Supervisors by gathering input from residents, staff, interest groups, and community organizations, and sharing that information with the Board of Supervisors.
Boards and commissions are established to reflect the diverse needs and preferences of the community. In Marin County, appointments are made by the Board of Supervisors. Some commissions are mandated by federal or state law, others by County ordinance, or Joint Powers Agreement between public entities. Each commission operates with a unique mission and purpose, contributing to the Board of Supervisors' decision-making process. Examples include the Commission on Aging, Planning Commission, Flood Zone Advisory Boards, Youth Commission, Assessment Appeals Boards, and County Service Areas, to name a few
Local Impact
County commissions and boards have a longstanding tradition of bringing critical issues
to light and prompting the Board of Supervisors to take meaningful action One notable example is the Marin Women’s Commission's investigation into why rape kits were being administered outside the County. Collaborating with the District Attorney, they made a compelling case to the Board of Supervisors to bring these services back to Marin, reducing trauma for survivors and increasing the likelihood that victims would choose to have the kits administered. The Supervisors approved funding for a pilot program, successfully restoring these services within the County.
Another significant example is the Commission on Aging's partnership with allied agencies to create the Integrated Aging Services Study. After presenting their findings to the Board of Supervisors, several of the study’s recommendations were implemented by the County, reflecting a strong commitment to addressing the needs of the aging population. The Planning Commission also played a pivotal role in shaping policy around short-term rentals (STRs) in Marin County. Faced with a workforce housing shortage in West Marin, where most STRs are located, the Planning Commission reviewed the existing ordinance and recommended capping STRs across the County,
with specific limits in West Marin. The Board of Supervisors adopted these recommendations and added further measures to promote long-term coastal housing stock, demonstrating how informed, community-driven recommendations can lead to impactful change.
Challenges and Current Landscape
Commissioners are tasked with representing the public's interests and advocating for the needs and concerns of Marin County residents. Appointed by the Board of Supervisors, commissioners are selected for their skills, experience, and community involvement. Managing over 50 boards and commissions presents significant challenges. To effectively serve as advisors to the Board of Supervisors, consistent and meaningful communication is essential a difficult feat with such a large and varied structure.
Each board, with membership ranging from 5 to 23 commissioners, poses a challenge in maintaining effective oversight and coordination. The Supervisors often rely on applications and community member recruitment to fill these roles, but if the recruitment pool is too narrow, the County risks missing out on diverse perspectives that are crucial for balanced decision-making.
While some commissions are mandated by federal or state law, over 23 are discretionary. Without a consistent review of their effectiveness and relevance, many operate without clear guidance or the opportunity to genuinely influence the Board of Supervisors. Currently, commissioners must proactively reach out to their Supervisor to engage in dialogue or provide updates. This highlights the need to evaluate and streamline the number of boards and their focus areas to make them more manageable and effective.
Finally, a board or commission needs the proper support to succeed, starting with filled vacancies. Filling the Boards and Commissions with qualified individuals requires leads and introductions, ideally before a vacancy arises.
Strategic Efforts to Improve Boards and Commissions
Marin County acknowledges the challenges facing its boards and commissions and is actively working to improve their effectiveness. Recognizing the need for strategic oversight, the Board of Supervisors established a Boards and Commissions Subcommittee last year. This subcommittee is tasked with evaluating discretionary commissions to determine whether their missions remain relevant or if they should be sunset. For those that still serve a vital purpose, the subcommittee is exploring ways to enhance their effectiveness and provide better support
The County also recognizes the importance of equitable representation and is committed to removing barriers that may lead to vacancies or underrepresentation. Efforts are underway to address disparities, with initiatives focused on targeted recruitment of younger individuals and members of underrepresented communities. By forming partnerships with local organizations and launching outreach programs, Marin County is building trust and engagement within these communities, ensuring that recruitment efforts are meaningful and effective.
However, simply bringing in diverse individuals is not enough. True diversity requires intentional support and an inclusive culture. Marin County is committed to creating an environment where diverse voices are not just present but are genuinely heard and empowered. This includes providing cultural competency training and ensuring that differences are valued and respected.
Effective governance also requires adaptable systems and infrastructure. Boards and commissions must convene at times and locations that are accessible to all, particularly if the goal is to include younger or marginalized voices. For example, the Marin County Women’s Commission meets in the evening at the centrally located Civic Center to accommodate work schedules.
Furthermore, service to the community should not force individuals to choose between their careers and civic involvement. The County’s introduction of needs-based stipends is a significant step toward making service more accessible, helping to offset costs like childcare and commuting that might otherwise prevent participation.
Looking Ahead
Commissions and boards are vital to ensuring governance that is both responsive and genuinely representative of the communities they serve. To truly reflect the needs and interests of the community, these bodies must be continually evaluated and supported.
The path toward equitable governance in Marin County is a continuous journey, requiring ongoing dedication. While strides have been made, sustained effort is essential to ensure that these advisory bodies are not just diverse in appearance but authentically inclusive and effective. This involves creating a governance structure that mirrors the County’s diverse population, moving beyond simple diversity metrics to cultivate genuine inclusion where all voices are heard and valued.
Achieving this vision demands intentional actions, including continuous cultural competency training, transparent decisionmaking processes, and the active removal of barriers that have historically marginalized certain groups. By committing to these practices, Marin County can build a governance framework that is not only representative but also truly responsive to the needs of all its residents, ensuring an equitable, just, and inclusive future that aligns with the community’s values.
Finally, it’s essential to recognize that not all board or commission members will be familiar with the Brown Act or Robert’s Rules of Order. Effective governance depends on all members having the necessary knowledge and skills to contribute meaningfully. The Board of Supervisors is committed to providing comprehensive training in parliamentary procedure, the Brown Act, and ethics, ensuring that all members are equipped to serve effectively and empowering new members to fully participate.
As a constituent, you have the opportunity to apply for boards or commissions, contribute to building a pipeline of future leaders, and support the inclusion of those from marginalized communities who are often missing at the table. The effectiveness of commissions and boards is directly tied to the community that stands behind them, and we all have a role to play in driving real change and positive outcomes.
A
Coffee Chat Q&A with Judge James Schurz
Neusha Ghaedi & Mia Villanueva
On June 20th, 2024, Governor Gavin Newsom appointed Judge James Schurz to the Marin County Superior Court. As a practicing attorney, Judge Schurz served in a number of complex commercial and class action civil cases. The Marin County Bar Association is elated to present a Q&A with Judge Schurz as he expands his practice to encompass criminal law and takes on his new role as a judge.
What is your educational background?
I earned a bachelor's and a master's degree in European history from Stanford, and I received my JD from Berkeley Law.
How long did you practice law before becoming a judge? 35 years.
Why did you choose to become a judge?
I've explored serving as a judge for probably the last 10 years, and I suppose it was covid that prompted me to think more strategically about what I needed to do in order to be a strong candidate.
What excites you most about joining the Marin County Su
Hon. James Schurz
First off, I'm very impressed with the caliber of judges. Second creativity of the alternative dispute resolution mechanisms and procedures that the court has the specialty courts, everything from drug court to the procedures that our Family Law division uses, in providing holistic responses to resolving disputes and caring for families in transition. It's the judges, it's the structure of the court, the way it's organized, and the creativity with which the judges perform their duties. I think the third piece that has really impressed me about practicing as a judge in Marin is the quality of the jury pool. I have heard from visiting judges that Marin enjoys among the very best jury pools, and my experience has borne that out. They're enormously conscientious and thoughtful and take it very seriously.
What advice do you have for aspiring judges?
Look for as many trial opportunities as you can secure. The opportunity to work in a range of areas, civil, criminal, and family, is enormously helpful. Then, finding ways to be engaged in the community, the broader
legal community, whether that means participating in some of the voluntary programs at the court, serving as a judge pro tem, serving as a discovery master, or serving as a mediator. All of those are meaningful opportunities, and it's both important in terms of service to the court, but it also provides a very helpful perspective in understanding what judicial officers do.
What was your practice area as an attorney?
Complex commercial litigation, class actions, and some environmental work and land use.
What was your reaction when you were appointed to the Marin County Superior Court? Walk us
In terms of my experience so far, it s been very stimulating and very gratifying. I ve been really impressed with the court staff, the clerks, the bailiffs, the research attorneys, the full complement of people who make it possible for us to do our work here. I've also been impressed with the generosity and patience of my colleagues who've been enormously kind and generous in sharing their perspectives and helping me make this transition.
In terms of is there a particular area of the law that I'm most interested in, I'm interested in everything. I'm doing drug court next week; I've been doing criminal misdemeanor trials; I handle the civil harassment calendar, and I'm finding it all very stimulating and interesting.
How does it feel going into, for example, the criminal misdemeanor calendar without having practiced criminal law?
It is somewhat daunting. The good news is that whether on the civil side or the criminal side, the rules of evidence, the taking of testimony, and the overall procedures are rooted in a shared set of values and procedures. So, while I have not had the benefit of practicing criminal law in any meaningful way, I have
done a lot of trial work, and the examination of witnesses and the application of the rules of evidence feel very familiar, whether they're in a family law context, a criminal law context, or a civil law context. Organizing material and making rulings with respect to the admissibility of evidence is a skill set that cuts across substantive areas.
What courtroom practices do you find the most important? What are your expectations for lawyers inside the courtroom?
Punctuality, civility, and preparedness in no particular order. One of the things that's gratifying about practicing in this court is the quality of the lawyers and the rapport with which they interact with one another. There's a very good working relationship between our DA and public defender, and that has enormous benefits for the judges, for the system, and for the community at large. The ability of lawyers to talk to each other and to help frame issues for the judges to decide ends up being enormously important. In terms of civility, I think of it as more than just being polite. It's how does one interact with opposing counsel, and how do you together craft or frame issues for the court to decide. It makes a difference when the parties and counsel have met and conferred on issues and are prepared to focus on those issues that are of greatest importance. The punctuality piece seems kind of like a no brainer, but it makes an enormous difference when, again, you've got all of these court resources that are gathered having bailiffs, court clerks, translators, and others available, you want to be able to make sure that you're using those resources efficiently and that you're addressing the important work that the court has to do.
What will you miss the most about being a practicing attorney?
Being a member of a trial team, particularly larger trial teams that involve experts and legal assistants and may involve more junior lawyers as well as more senior lawyers. Being a part of a team is a very gratifying and stimulating experience.
What's your most memorable or exciting trial that you have had in the past?
We had a trial that lasted some 42 days involving coffee, and specifically whether coffee should bear a Prop 65 warning, because it contains a range of compounds that are listed as potential carcinogens. We had a total of 56 clients, everyone from Starbucks and Peets to small roasters. It was a joint defense group that represented, in effect, the coffee industry in California, and it was a wonderful group of people. The argument was: you should put a prop 65 warning on every cup of coffee in California and pay a fine for every cup of coffee that has failed to provide such a warning. The case involved public health experts, epidemiologists, toxicologists, and a range of clients who are in the business of selling coffee in California. It was both interesting, I learned a ton, and we ended up with a sensible resolution.
Not surprisingly, there are no cancer warnings on coffee. As it out, coffee is this paradox in that it contains a range of volatil organic compounds that are caused by roasting. Anytime you roast something, whether it's a vegetable or meat, there's the chance that you're going to create various compounds that may have carcinogenic properties, and so it is for coffee. What's interesting is that coffee has been found to be associated with a protective impact, meaning that coffee
drinkers experience a lower risk of certain forms of cancer. Specifically, women experience a lower level of endometrial cancer, and men and women experience a lower level of liver cancer. So, coffee is not only not associated with an increased risk of cancer, but there is evidence that suggests that it may reduce certain cancers.
You have been extremely active in the legal community which occupied much of your time as a lawyer–how did you navigate being both a lawyer and a parent? Where did you draw the line for yourself in terms of both emotional investment and availability? What advice do you have for parents in our legal community?
My wife is a clinical psychologist and psychoanalyst, so we talk a lot about issues with child development, and how we can provide a nurturing environment for kids is something that we think a lot about. I don't know that I have any great insight, but I think there are a couple of things that we did that proved to be very helpful. One is that our kids were involved or, I should say, our kids had an understanding of what we did at work. They came to our offices, they met our colleagues, they had a sense of what I did and the people with whom I worked. I think that a more porous boundary that lets your kids know what you're doing during the day and who you're working with, and having them develop relationships with the people you work with makes work less foreign, and I do think that was meaningful for them.
The second piece is that we made a big commitment to family dinners. We often ate late, but we had dinner together every night Being together on a regular basis, without screens, and without the distractions, proved to be important for us as a family.
I think that the third piece is the flip side of the kids having an understanding of what we did in our work lives. We were also involved with their schools and their school life and tried to be, not only just volunteering, but sort of being present within their school environment, knowing their teachers, getting to know their friends, and being a part of their social life independent of our family.
You have served as a Professor and Lecturer at numerous institutions–is there anything that you have gained while teaching that you now apply to your legal practice? Yes, I was a high school teacher before I was a lawyer, and I think teaching is terrific preparation for being a trial lawyer, both in terms of presentation as well as how you engage in a meaningful conversation with people and make information comprehensible and interesting. I frequently look back on my experience as a high school teacher as being really a critical building block in the way I practice law and the way I think about how we communicate with one another.
I've been an adjunct professor for 24 years at UC Law SF and have really enjoyed working with the law students there. More recently, I've spent the last three years at Stanford Law School and have loved teaching there. I would go back to the fundamentals of are people understanding what you're presenting? Is it accessible? Are you approachable? Are you using language that is designed for people to understand what
you're talking about? And, how sensitive are you to understanding people's challenges in understanding what you're trying to get across? I think teaching, and the dynamic of working within a classroom environment, is enormously helpful to the law, because whether as a judge or as a lawyer, it all comes back to how effectively are you communicating.
You are very involved with pro bono work, how has working pro bono affected your perspective on the legal system? Working with the public interest bar and nonprofit legal services providers has increased my sensitivity to the challenge of providing fair and equal access to justice and the broader challenges that a significant number of members of our community are forced to address every day. It has given me an appreciation of the challenges of our legal system and the complexity of challenges that members of our community face every day in terms of income insecurity and the range of issues that people come into court with.
Closing remarks from Judge Schurz:
I'm a great believer that the justice system is built by strong communities, and one of the things that is encouraging about being a part of the legal community here in Marin is seeing the broad collaboration between the private bar, those who are working in government service, legal aid lawyers, and those who are providing services in the mental health community. What I have heard, and what's been borne out in my limited time here, is that we have something very special here, and it's the product of literally thousands of people. It's really a joy for me to be a part of, and the Bar Association has a significant role to play in realizing the goal of ensuring fair and equal access to justice.
Neusha Ghaedi is a Partner at DeMartini, Walker, & Ghaedi LLP, where she has successfully litigated many cases since joining the firm in 2017 Neusha’s clientele ranges from Marin County’s largest property managers and real estate developers to individual property owners and trustees. She advises clients on a wide variety of legal matters pertaining to real estate transactions, property management, trust litigation, and commercial and residential properties
Mia Villanueva is a creative and enthusiastic individual, passionate about social justice- seeking to implement social change She specializes in creative writing, media production, and has a talent for promotional media Mia is extremely reliable and works well in group settings She is dedicated to fostering respectful and collaborative environments Mia is skilled in project management, team building, and communication
HON. JAMES SCHURZ
My Week in Chicago at the 2024 Democratic National Convention
Tom McInerney
As a lifelong political junkie and progressive political activist, I’ve been fortunate to participate in and attend many memorable political events over the years. In college I volunteered at the 1984 Democratic National Convention in San Francisco, where Mario Cuomo gave his iconic “A tale of two cities” speech and Geraldine Ferraro was the first female nominated for Vice President. In 2004 in Boston, as a John Kerry-appointed member of the DNC’s Rules Committee, I was present for Barack Obama’s national introduction with his powerful keynote preaching how there “there is not a black America and a white America and Latino America and Asian America — there's the United States of America.” And I was honored to be a delegate four years later in Denver when Obama accepted his historic nomination at a packed Mile High Stadium.
But none of those experiences topped the thrill of representing Marin County and the rest of the Second Congressional District at the 2024 Democratic National Convention in Chicago, August 19-22, as we nominated our Northern California native daughter, Kamala, as our candidate for president.
Since returning from Chicago a lot of my friends and colleagues have asked a form of the same questions, “How was it? Was it incredible?” How do you answer these questions? Yes, of course, it was incredible. But most of my friends and colleagues watched it at home, most likely from a much more comfortable position than the crammed United Center, and they heard more real-time reaction and commentary during the convention than I experienced. Ultimately, the thrill for me came from the knowledge that I was there not just for my own experience, but to represent the hopes and dreams of fellow citizens from our relatively small part of the world and to show Kamala Harris and her running mate, MN Governor Tim Walz, that we were behind them and would do whatever it took to make sure they were elected.
How did I become a delegate? The delegate selection process is an arcane process governed by rules set by the national party and the California Democratic Party Elected members of Congress, including our Congressman Jared Huffman, as well as governors, senators, and party leaders, are automatically eligible to serve as delegates, as are individuals selected by the nominee, including union and other senior party activists However, the bulk of the roughly 500 CA delegates were selected as part of an online vote in April 2024. This process is not widely publicized, and those individuals with a track
CONGRESSMAN JARED HUFFMAN & TOM MCINERNEY IN THE FRONT OF THE PODIUM ON THE THIRD NIGHT OF THE CONVENTION
record of progressive activism usually have an inside shot at garnering sufficient votes. California always sends a very diverse group. Indeed, joining me as Harris delegates from California this year was the guy who played Bowzer in Sha-Na-Na (yes, I’m dating myself), and Tony Hale, who played “Gary” on the TV show Veep and “Buster” on Arrested Development.
What was the experience like? Simply amazing. Because Kamala Harris is a Californian, our delegation was placed right in front of the podium, garnering a lot of jealous comments and dirty looks from delegates from New York and other non-battleground states. Because our seats were so good, there was usually a mad scramble every day to get to the United Center early enough to stake out a seat before vultures (i.e., staff members of elected officials) grabbed seats belonging to delegates During the roll call I was sitting about 10 feet behind Governor Newsom, and a number of my family members and friends texted me photos they took of me from CNN and MSNBC as I stood nearby waving a sign. Our seating was usually crammed, and if you got up to go to the restroom there were times you were blocked from reentry, a particular challenge for me as I enter my sixth decade. Two of the days I sat with our very own Congressman Jared Huffman, who usually had an excellent view since he’s about a foot taller than me.
incredible, including Jason Isbell’s performance of “Something More than Free,” Stevie Wonder singing “Higher Ground,” and Pink’s performance (including at a pre-session sound check) of “What About Us.” I’ll admit that I was not familiar with Lil Jon’s body of work, but I was right there jamming with everyone else as he ran down the aisle next to me during the roll call vote rapping, “Turn out for what.” Ok, we didn’t get Beyonce or Taylor Swift, but the entertainment was still top notch.
And probably the best part of the convention (at least for me) are the lesser-known acts or appearances. Between many of the speeches the DNC shows short films that are very powerful, including some that interviewed Republicans about why they were not voting for Trump again, and a short film on Tuesday night that provided an irreverent look at Doug Emhoff. Particularly
TOM MCINERNEY & CONGRESSMAN JARED HUFFMAN, AS SEEN ON PBS
CALIFORNIA DELEGATES GOT A FRONT ROW SEAT VIEW OF THE SPEAKERS
powerful speakers included the parents of the recently murdered Israeli-American hostage Hersh Goldberg-Polin and members of the wrongly convicted Central Park Five. These moments were balanced out by Mindy Kaling’s hilarious set describing her “outing” Kamala Harris as Indian in an Instagram cooking video, and SNL’s Kenan Thompson reading from an oversized book intended to replicate Project 2025. And, of course, there was Oprah (being Oprah) and Warriors’ Coach Steve Kerr bringing the house down in the arena where he played with the Bulls.
I was also thrilled that I got a chance to experience the convention with my son Joe, a second-year law student at Northwestern, who finagled a volunteer job on the convention floor as a delegate security official near the Minnesota delegation, complete with a walkie-talkie and earpiece
The one downside was, inevitably perhaps due to the crammed quarters, I returned from Chicago with a mild case of Covid-19, as did many other delegates from various delegations. Fortunately, that was short-lived and a small price to pay for a lifetime of inspirational memories.
Thomas (Tom) McInerney has extensive employment litigation experience in complex litigation matters, with an emphasis on class actions, multi-plaintiff cases, and trade secret and other complex business disputes. He has tried to verdict several cases in both state and federal courts, and represents clients in a
wide-range of fields, including technology, financial services, insurance, construction, energy/utility, healthcare, transportation and logistics, and personal services
Tom also is a board member of the Marin County Bar Association. For eight years Tom served as an elected official in Marin County, including two terms as Mayor of the Town of San Anselmo, as a board member of the Transportation Authority of Marin, and as chair of both the Central Marin Police Authority Council and the Ross Valley Fire Board
TOM MCINERNEY & HIS LAW STUDENT SON JOE ON THE CONVENTION FLOOR
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