Sacramento Lawyer Magazine

January/February 2019

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Photo by Mary J. Burroughs

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2019 SCBA President

Sean McCoy

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EDITOR’S MESSAGE

Betsy S. Kimball, Editor

Sandra Day O’Connor

In

late October, Sandra Day O’Connor, now 88, announced that she is suffering from dementia – a cruel fate for a brilliant mind. It was too late in this issue’s cycle to recruit someone to write about her career, so I decided to do it myself here in my Editor’s Message.

Justice O’Connor was the first woman to serve on the Supreme Court of the United States. Her story is well known to my generation of women and should be

At Justice Kagan’s investiture, 2010

remembered by all. In 1952, she graduated from Stanford Law School, third in her class. No law firm would hire her – as a lawyer. She had to offer to work for no pay and share space with a secretary before she was hired by the San Mateo County Counsel. She and her husband raised three sons.

She eventually entered Republican politics in Arizona and had risen to the Arizona Court of Appeals when Pres. Reagan nominated her to the Supreme Court in 1981.

A moderate Republican, she was unanimously confirmed by the Senate. In 1988, she was diagnosed with breast cancer, had a mastectomy, and underwent chemotherapy. She worked through it.

In the latter half of her tenure, Justice O’Connor was arguably the Court’s swing vote – followed in that role by Anthony Kennedy after she retired in 2006. I claim no constitutional scholarship, but my view is that Justice O’Connor’s most consequential vote was with the 5-4 majority (Rehnquist, Scalia, Kennedy, Thomas, O’Connor) in Bush v. Gore (2000) 531 U.S. 98. The Court’s decision effectively ended a manual ballot recount (ordered by the Florida Supreme Court) and awarded Florida’s

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25 electoral votes (and the presidency) to George W. Bush. (How different history would be had Justice O’Connor voted with the four dissenters.) Justice John Paul Stevens wrote in dissent, “Although we may never know with complete certainty the identity of the winner of this year’s Presidential election, the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.” Prescient.

Justice O’Connor wrote several opinions that we are likely to hear about over the next year or two. One is her plurality opinion (with Kennedy and Souter) in Planned Parenthood v. Casey (1992) 505 U.S. 833, in which the Court reaffirmed that the “[c]onstitutional protection of a woman’s decision to terminate a pregnancy derives from the Due Process Clause of the Fourteenth Amendment.” Another is her plurality opinion (with Rehnquist, Kennedy, Breyer) in Hamdi v. Rumsfeld (2004) 542 U.S. 507. Yaser Hamdi was a US citizen detained by the military in Afghanistan and held as an enemy combatant without a hearing or access to legal counsel under claimed Executive authority to detain “enemy combatants.” After noting the importance of striking the proper constitutional balance between the government’s and the individual’s competing interests, Justice O’Connor underscored the importance of the “values that this country holds dear” and of the privilege of US citizenship. “It is during our most challenging and uncertain moments that our Nation’s commitment to due process is most severely tested; and it is in those times that we must preserve our commitment at home to the principles for which we fight abroad.”

Justice O’Connor reminds me that we can respect those with whom we don’t always (or often) agree.

SACRAMENTO LAWYER | January/February 2019 | www.sacbar.org

EDITOR-IN-CHIEF Betsy S. Kimball Editor@sacbar.org ASSOCIATE EDITOR Ellen Arabian-Lee MAGAZINE COMMITTEE Betsy S. Kimball, Ellen Arabian-Lee, Heather Cline Hoganson, Yoshinori H.T. Himel CREATIVE DIRECTOR Mary J. Burroughs (916) 564-3780 - mburroughs@sacbar.org PRODUCTION DESIGN Milenko Vlaisavljevic ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 - scba@sacbar.org

SCBA OFFICERS Sean McCoy - President Shanae Buffington - 1st Vice President Trevor Carson - 2nd Vice President Bryan Hawkins - Secretary/Treasurer SCBA EXECUTIVE DIRECTOR Mary J. Burroughs - mburroughs@sacbar.org

Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 425 University Ave., Suite 120, Sacramento, CA 95825.

Issn 1087-8771. Annual subscription rate: $6.00 included in membership dues, or $24.00 for nonmembers. Periodicals postage paid at Sacramento, California. Postmaster: Send address changes to Sacramento Lawyer, 425 University Ave., Suite 120, Sacramento, CA 95825. Copyright 2019 by the Sacramento County Bar Association.

Each author’s commentary reflects his/her individual opinion only and not that of his/her employer, organization with which he/she is affiliated, or Sacramento Lawyer magazine, unless otherwise stated.

CONTENTS SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

JANUARY / FEBRUARY 2019 VOLUME 119, NUMBER 1

COVER STORY 18 2019 SCBA President Sean McCoy

EVENTS 8

Scholars Promote Bridging the Culture Wars at Court/ Clergy Conference

10 SCBA Recognizes Norman Hile’s Pro Bono Service 12 2018 Unity Bar Dinner 16 Céspedes, Diaz, and Burroughs Honored at SCBA’s Annual Meeting

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VLSP 22 A Spiritual and Practical Journey to Help Those in Need: Sergio Diaz

SECTIONS, DIVISIONS AND AFFILIATES 14 Barristers’ Club Update

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20 ABAS Law Foundation Presents Its 2019 Speaker Series 24 WLS Hosts Annual California Supreme Court Reception 26 Public Law Section Update

DEPARTMENTS 4 Editor’s Message 6

President’s Message

8 COVER

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

2019 SCBA President Sean McCoy

www.sacbar.org | January/February 2019 | SACRAMENTO LAWYER

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PRESIDENT’S MESSAGE Sean M. McCoy

New Century W

President, Sacramento County Bar Association

by Sean M. McCoy

elcome to a new year and the start of the SCBA’s second century. In his introductory column here last year, immediate past president Sil Reggiardo gave a retrospective covering the formation and growth of the SCBA through its first 100 years. So, this is a good opportunity to examine where we are going, and to assess how we can improve our association and better serve our legal community.

The SCBA has over 2,400 members. We have 19 substantive law sections, and over 1,900 of our members are involved with at least one section. Our sections drive much of the activity of the SCBA through regular MCLE luncheons and section events. For example, last year, the sections produced 90 MCLE events with a cumulative attendance of over 3,000.

We have 21 committees, task forces, and divisions. The committees handle many of the service functions of the SCBA. For example, we have our Delegation to the California Conference of Delegates. The Delegation drafts and proposes resolutions to the Conference with the goal of improving the law. Our Pro Bono Committee operates the SCBA pro bono program and works to improve access to pro bono services.

We also have committees that provide fee arbitration, administer our diversity fellowship program, conduct judicial evaluations, and promote membership, just to list a few more.

One of the volunteer opportunities the SCBA has and about which it is quite proud is Kids Law Day. Kids Law Day began in 2017 under the guidance of past president Sabrina Thomas. The program pairs an attorney with a paralegal or legal secretary. They then give a one-hour presentation to a group of elementary school students in grades four through six. The program is intended to expose the students to vari-

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ous pathways to a legal career. The program is aimed at children of that age because that is when they begin to formulate ideas about who they want to be when they grow up. You can find out more information under the Kids Law Day tab on the SCBA web page and in Sabrina’s article in the May/June 2017 issue of Sacramento Lawyer (also available on the web page).

The SCBA also has committees that coordinate our larger events, such as the Bench-Bar Reception and the Annual Meeting. In part due to the centennial celebrations last year, the SCBA was unable to host the annual golf tournament, but did host BarStock, an open-air birthday party with food and music. We are hopeful that both BarStock and the golf tournament can return this year.

What all of that means is that there is much to do. While SCBA Executive Director Mary Burroughs and her staff perform much of the administrative work in support of all of our functions, the SCBA must still rely on volunteers. And we can always use more volunteers. Look over our committees, divisions, and find something of interest. Or reach out to any of us on the board, or the SCBA office, and ask how to become more involved. There is so much more to the SCBA than the occasional MCLE lunch.

Finally, for just about every event the SCBA puts on, you will see a list of the sponsors on the event information sheet, on a banner, and on the SCBA web page. These attorneys, businesses, firms, and schools contribute generously, and their financial support is vital to the SCBA’s ability to serve its members. Please join me in expressing appreciation for their patronage.

I hope you will become more involved with the SCBA, whether through our sections, committees, divisions, or even attendance at more SCBA events. 2019 promises to be a great year.

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Contact SCBA For more information on how to become member or to rejoin Sacramento County Bar Association visit www.sacbar.org.

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$25.00 Student Membership $40.00 Associate Affiliate Membership (Legal Secretaries or Paralegals only) $40.00 1st year of admission to the State Bar of California - Government $45.00 1st year of admission to the State Bar of California - Private $110.00 2nd to 5th year - Government $125.00 2nd to 5th year - Private $145.00 6th to 9th year - Government $195.00 6th to 9th year - Private $160.00 10+ years - Government $210.00 10+ years - Private $0.00 Honorary Membership [Judge/Justice] $120.00 Associate [Non-lawyer] $80.00 Retired Status

EVENTS

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

Photos courtesy of Angelo DeSantis

Scholars Promote Bridging the Culture Wars at Court/ Clergy Conference by Douglas Potts

David Cropp, LCSW, Community for Peace; Hon. Laurie M. Earl, Sacramento Superior Court; Hon. Colleen M. Nichols, Placer County Superior Court; Melissa Lloyd, MSW, Sacramento County Child Protective Services; and Hon. James Mize, Sacramento Superior Court

Pres. John Jackson, William Jessup University; Prof. Robin Fretwell Wilson, University of Illinois College of Law; and Prof. John Corvino, Wayne State University

an American society close the divide between LGBT civil rights and religious liberty? Two scholars known for building bridges in the culture wars shared their insights with clergy, judges, and lawyers at the 2018 Sacramento Court/Clergy Conference.

Prof. Robin Fretwell Wilson of the University of Illinois College of Law and Prof. John Corvino of Wayne State University discussed ways governments can protect the competing interests and the opposing camps can open dialogue with each other. Neither side should be denied rights in the public square.

Prof. Wilson, co-author and co-editor of Religious Freedom, LGBT Rights, and the Prospects for Common Ground (Cambridge Univ. Press, 2018), stated both anti-discrimination and religious liberty statutes inadvertently “teed up” the culture wars. States and communities passed laws to end discrimination against

when they go out and put them back on when they get back.”

Prof. Wilson argued one possible method is enacting broad non-discrimination laws that include specific religious exemptions. The laws should prohibit discrimination against any person in employment, housing, and public accommodation, and also include specific exemptions for religions and persons of faith in their religious beliefs and practices. Utah did just that in 2015. One of the most conservative and religious states in the nation, it nonetheless adopted non-discrimination laws that provided more protection than New York. At the same time, it protected religions and people of faith against punishment for specific religious practices and beliefs. Wilson said Utah showed there did not have to be conflict between LGBT persons and persons of faith.

Prof. Corvino, co-author of Debating Religious Liberty and Discrimi-

C

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LGBT persons in employment, housing, and public accommodations, outcomes most in society want. Unless those laws exempted specific religious practices, however, they were sometimes used to punish persons of faith and religious organizations due to their beliefs.

Similarly, Congress and many states passed religious freedom restoration acts (RFRA’s) to prevent governments from imposing unnecessary burdens on religious people.

Wilson said some persons of faith believed they needed to be protected from gay rights, and RFRA’s went from a tool to protect religious liberty to one opposing LGBT civil rights.

Wilson contended that a new script is needed in order to coexist peacefully.

“There is something non-negotiable at the core of both LGBT persons and persons of faith that they cannot toss on the floor like a pair of jeans and say they will be a different person

SACRAMENTO LAWYER | January/February 2019 | www.sacbar.org

EVENTS

Hon. Shama Hakim Mesiwala, Sacramento Superior Court, and Hon. Allison Claire, U.S. District Court

Dan Koukol, Placer County Public Defender; Hon. Troy Nunley, U.S. District Court; Anne Marie Schubert, Sacramento County District Attorney; Steven M. Garrett, Sacramento County Public Defender; and R. Scott Owens, Placer County District Attorney

nation (Oxford Univ. Press, 2017), offered points to consider when trying to bridge these differences. First, ratcheting up everything is not helpful. If he calls someone a bigot, he is expressing his contempt for the person and saying that person does not belong at the table—a classical conversation stopper.

Stigmas can stick and make it harder to have the conversation. Polarization makes us bad at solving problems.

Second, Prof. Corvino said conscientious objections can nevertheless be discriminatory even though they are sincerely held. Courts, however, do not want to decide the reasonableness of religious belief to check discrimination.

Corvino argued a better test might be to determine whether the discrimination is based on the expression or design instead of the person’s status. The Supreme Court in Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Com. (2018) 584 U.S. __ [201 L.Ed.2d 35], suggested that possibility: “If a baker refused to design a special cake with words or images celebrating the marriage—for instance, a cake showing words with religious meaning—that might be different from a refusal to sell any cake at all.”

Prof. Corvino stated user-based discrimination “is not just a matter of dignity harm or having feelings hurt.

It is being put on the outside.” It is

telling people that because they are different, they cannot buy in a store what other people can buy. He argued design-based discrimination might be a productive way to protect religious belief while also reducing discrimination.

For those asking what to do next, Prof. Corvino encouraged people to build relationships first. Start by getting to know each other and build that space in which people can safely feel a little vulnerable and have back-andforth dialogue. And then “keep it real.”

Actual dialogue is not repeating talking points. It requires putting ourselves in others’ shoes and being honest with ourselves about what we are really trying to do. Corvino said we must listen to understand.

John Jackson, President of William Jessup University, a private Christian school, moderated the discussion.

He stated access to the public square should allow not only for dialogue, but also for differences. It may not always lead to unity; indeed, it may expose sharp disagreements, but we cannot fail to see the practical utility in our society to have civil discourse and debate.

Other conference panels addressed legal issues clergy face with their congregants. One panel explained the child welfare system. Hon. Laurie M. Earl, Sacramento Superior Court, and Hon.

Colleen M. Nichols, Placer County Juvenile Court, participated in this discussion. Another panel described the roles of district attorneys and public defenders in the criminal justice system. This panel, moderated by Hon. Troy Nunley, U.S. District Court, included Anne Marie Schubert, Sacramento County District Attorney; Steven M. Garrett, Sacramento County Public Defender; R. Scott Owens, Placer County District Attorney; and Dan Koukol, Placer County Public Defender.

Consistent with tradition, the conference opened with religious invocations and closed with judicial benedictions. Pastor Rick Cole, Capital Christian Center; Sister Hansa, Brahma Kumaris; and Rabbi Seth Castleman, Sacramento Board of Rabbis, offered invocations, and Bishop Jamie Soto, Catholic Diocese of Sacramento, welcomed the participants. Hon. Allison Claire, U.S. District Court, and Hon. Shama H. Mesiwala, Sacramento Superior Court, offered closing thoughts.

The conference was held on October 11, 2018, at St. Clare Catholic Church in Roseville. It was hosted by the Sacramento County Superior Court and sponsored by the California Judges Foundation and William Jessup University.

www.sacbar.org | January/February 2019 | SACRAMENTO LAWYER

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EVENTS

Jeffrey Galvin is a litigation partner at Downey Brand LLP and Chair of the SCBA Pro Bono Committee. He can be contacted at jgalvin@downeybrand.com.

SCBA Recognizes Norman Hile’s Pro Bono Service by Jeffrey Galvin

Norman Hile, award recipient, discusses pro bono experiences

A

large and lively crowd gathered at the SCBA Events Center on October 25th for the “Party for a Cause and Celebration of Pro Bono.” The event began with a welcome from SCBA President Sil Reg-

giardo, who was the driving force behind the creation of the Pro Bono Committee several years ago. Reggiardo also has led by example in that, for many years, he has offered estate planning assistance on a pro bono basis through the Voluntary Legal Services Program.

David De Alba, Presiding Judge of the Sacramento Superior Court, offered remarks on the importance of access to justice, noting that many members of this community cannot afford counsel, as illustrated by the high percentage of pro per litigants in family court. Judge De Alba gave thanks to the many attorneys who have stepped up to volunteer, including as judges pro tem. Judge De Alba also recognized the leadership of Judge Steven Gevercer in working with the Voluntary Legal Services Program to create a probate

Ed Brooks, Steve Duvernay, and Carol Noreen

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SACRAMENTO LAWYER | January/February 2019 | www.sacbar.org

and guardianship panel that relies on volunteer attorneys.

Daniel Kim, a member of the Pro Bono Committee, presented the SCBA Pro Bono Award to Norman Hile.

Kim provided an overview of Hile’s history of service, beginning with his service in the Army during the Vietnam War and continuing for 45 years as a lawyer with Orrick Herrington & Sutcliffe. Over the decades, Hile has worked on a myriad of pro bono projects, particularly those serving military veterans and ex-convicts, and has mentored many Orrick attorneys along the way. Over about the last 15 years, Hile has advocated for death row inmate Kevin Cooper, volunteering over 5,000 hours on that matter alone. Now mostly retired, Hile continues to work on the Cooper case.

Hile reflected on the importance of pro bono service throughout his

Rhonda Harrigan and Keith Staten

EVENTS career. He recognized The Innocence Project, New York Times columnist Nicholas Kristof, and the many individuals with whom he has collaborated on the Cooper case. He spoke passionately in favor of using DNA evidence in connection with reviewing convictions, as well as solving cold cases, to ensure that justice is done.

Next up was Ed Brooks, President of the Sacramento County Bar Foundation. Brooks presented Access to Justice Scholarships from the Foundation to two UC Davis Law thirdyear students: Emily Child and Dana Sever Scott.

Steve Duvernay, Vice President of the Foundation, presented three grants. Representatives of the Natomas Pacific Pathways High School Mock Trial Team received one award.

The Sacramento Justice League and the Center for Workers’ Rights received the other awards.

Thanks to the 12 Pro Bono Committee members for their contributions. Thanks also to Mary Burroughs and the SCBA staff for supporting the festive event, and to the 14 event sponsors: Orrick Herrington & SutAaron Cadiz and Daniel Kim cliffe, Downey Brand, Gavrilov & Brooks, Law Office of Jill Telfer, Murphy AusHanson Bridgett, Weintraub Tobin, tin Adams Schoenfeld, Thomas Law Briscoe Economics Group, Carter & Group, and the Voluntary Legal SerWest, Cook Brown, Danielson Kim vices Program.

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EVENTS

2018 Unity Bar Dinner

by Aparna Agnihotri

Aparna Agnihotri, 2018 Vice President of SABA, served as the chair for the Unity Bar 2018 dinner. She is an attorney at Gavrilov & Brooks and can be contacted at aparnaagnihotril@gmail.com.

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2018 Unity Bar Dinner Representatives: Chris Alvarez, Emmanuel Salazar, Kim Garner, Aparna Agnihotri, Hayley Dewel, Hollis Kulwin, Brian Lopez, and Adrian Carpenter

Judge Jennifer Rockwell, Justice Elena Duarte, and Judge Allison Claire

November 1, 2018, the Unity Bar of Sacramento held its 31st Annual Dinner at The Grand in downtown Sacramento. The South Asian Bar Association of Sacramento (SABA) hosted the annual event this year. Representatives from six affiliates of the Sacramento County Bar Association assisted with the planning of the much-anticipated dinner: Asian/Pacific Bar Association of Sacramento (ABAS), Cruz Reynoso Bar Association (CRBA), Leonard M. Friedman Bar Association (LMFBA), SacLegal, Wiley W. Manuel Bar Association (WMBA), and Women Lawyers of Sacramento (WLS).

The evening focused on the themes related to the South Asian holiday of Diwali, which is the festival of lights, reminding guests of the importance of light over darkness, good over evil, and knowledge over

used to commemorate auspicious celebrations. While nearly 280 guests of distinguished judges, lawyers, and law students enjoyed a special Indian buffet, and a dance troupe enthralled the

ignorance. As host this year, SABA infused the evening with South Asian culture. The event kicked off with a special performance by a dhol player, who played a traditional drum often

Paul Grewal and moderator Vishali Singal

SACRAMENTO LAWYER | January/February 2019 | www.sacbar.org

EVENTS audience with a high-energy bhangra ognized individuals and organizations Legal), Celebration Arts (WMBA), and performance, which is a folk dance within the community that serve miSingle Mom Strong (WLS). originating from the Punjab region of nority communities. The Community The 2018 Unity Dinner was a India. Guests were surrounded by the Service Award winners this year were festive and energizing evening, celevibrant touches of South Asian decor Hmong Innovating Politics (ABAS), brating new legal talent joining the SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE and even had the opportunity to reSacramento City Councilmember Eric communities of the affiliate bar asceive henna designs on their hands.

Guerra (CRBA), Camp Nefesh (LMFsociations, honoring dedicated com1329 Howe Ave., #100120 • Sacramento, 425 University Ave., Suite • Sacramento,CA CA95825 95825 Sacramento Superior Court Judge BA), Sitra Thiayagarajah of My Sister’s munity service champions of the and SABA co-founder Shama MesiwaHouse (SABA), Lavender Library, Argreater Sacramento region, and celela presided over the program as Mischives, and Cultural Exchange (Sacbrating diversity. tress of Ceremonies for the evening.

The keynote speaker was Paul Grewal, Vice President and Deputy General Counsel of Litigation at Facebook Inc. and former United States Magistrate Judge for the Northern District Superior Court of CA, County of Sacramento (Ret.) of California. Grewal participated in a question and answer-formatted con• Business & Commercial versation with former SABA co-president Vishali Singal, in which Grewal • Real Estate provided insightful advice for law stu• dents, reflected on his cultural heritage and distinguished legal career, and • Partnership & Shareholder spoke candidly about the challenges Disputes social media technology companies face in the current political landscape.

• Each of the minority affiliates • which comprise the Unity Bar of Sacramento awarded scholarships to deserving law students. The event also rec-

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SECTIONS, DIVISIONS AND AFFILIATES

Connor Olson,

Barristers’ Club Update

by Connor Olson

the 2018 Barristers’ Media Chair, practices litigation in the Sacramento region.

He can be contacted at connor@cwo-law.com.

The mission of ABOTA’s Civility Matters program is consistent with that of the Barristers’ Club, which continually strives to promote professionalism, civility, and integrity among its membership.

2019 Barristers’ Club President Megan Summut, Dominique Pollara, Jesse Rivera, Bruce Kilday, Lauren Calnero, and Letty Litchfield

October 25, 2018, at the Justice Anthony M. Kennedy Library and Learning Center inside the Robert Matsui U.S. Courthouse, the Barristers’ Club teamed up with the American Board of Trial Advocates (ABOTA) to host an MCLE on professionalism, ethics and civility. Speakers Judge David Abbott and distinguished attorneys Dominque Pollara, Jesse Rivera, Letty Letchfield, and Bruce Kilday provided first-hand accounts of lessons learned and gave valuable insights into dealing with unprofessional and sometimes unethical attorneys. The speakers discussed the importance of civility not only in the courtroom, but also in all communications and interactions with opposing counsel.

J

Barristers’ Fall Mixer On November 15, 2018, the Barristers’ Club hosted its Fall Mixer at Kupros Craft House in Midtown, Sacramento.

The event was the Barristers’ Club’s last social event of the year and was well attended by attorneys from a wide array of practice areas. The Barristers’ Club also marked the occasion by announcing its 2019 board and committee members: President - Megan Sammut, Executive Vice President - Katie Nystrom, President of Programs - Lauren Calnero, Treasurer - Carye Colangelo, Secretary - Lauren Foust-Sorokolit, Membership Chair - Connor Olson, and Media Chair - Jake Weaver.

The Barristers’ Club extends its sincere gratitude to immediate past President Steve Duvernay who has long served the Barristers’ Club and its members thoughtfully and admirably.

What to Expect for 2019 The Barristers’ Club has an array of educational programming planned for the first half of 2019 so stay tuned for details. The Barristers’ Club also looks forward to hosting social functions this spring as well as the annual Summer Associate Reception in July. We hope to see you there!

Congratulations

ustice Arthur Scotland (ret.) was recently presented with the A. Sherman Christensen Award at the American Inns of Court annual “Celebration of Excellence” held at the Supreme Court of the United States. Among the invited guests were (pictured above) Pacific McGeorge Dean Michael Hunter Schwartz, Stacey Hunter Schwartz, Bobbi Stewart, SCBA Executive Director Mary Burroughs, the Honoree and Sue Scotland, and Schwartz/Levi Inn of Court President Judge Emily Vasquez and Ralph Vasquez.

14

SACRAMENTO LAWYER | January/February 2019 | www.sacbar.org

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Cépedes, Diaz, and Burroughs Honored at SCBA’s Annual Meeting Monday, December 3rd, the SCBA held its annual meeting at the Sheraton Grand Hotel. Ninth Circuit Judge Consuelo Callahan led the Pledge of Allegiance. California Attorney General Xavier Becerra gave the keynote address, stressing how attorney leaders and judges must open doors to other others and be legal warriors. Sacramento Mayor Darrell Steinberg presented the SCBA Distinguished Attorney of the Year Award to Luis Céspedes. Outgoing SCBA President Sil Reggiardo presented the 2018 President’s Award to SCBA Executive Director Mary Burroughs. VLSP Managing Attorney Vicki Jacobs presented the 2018 June Black Pro Bono Award to Sergio Diaz, whose service to VLSP and its clients is detailed in Jacobs’ article at page 22.

As always, the SCBA wishes to thank all of the sponsors, distinguished guests, and colleagues for making this year’s annual meeting another great success.

16

Attorney General Xavier Becerra

Luis Céspedes and Mexican Consul General Liliana Ferrer

SACRAMENTO LAWYER | January/February 2019 | www.sacbar.org

Sil Reggiardo and Sean McCoy

Mayor Darrell Steinberg

Bryan Hawkins, Trevor Carson, Shane Buffington, Sean McCoy, Sil Reggiardo, Mary Burroughs, and Judge David De Alba

Heather Tiffee (VLSP), Daniel Yamshon, Eleanor Diaz, Sergio Diaz, Coral Henning (Law Library), and Robyn Moltzen (Law Library)

Mary Burroughs and Sil Reggiardo

Judge Paul Beeman (Ret.) and Lexi Howard

Mayor Darrell Steinberg and Luis Céspedes

Luis Céspedes and Raul Ramirez

Yolo County Superior Court Judge Sonia Cortes, Judge Emily Vasquez, Luis Céspedes, and Judge David De Alba

Judge Paul Beeman (ret.), Russell Austin, and Keeva Coe

SCBF Centennial Fellow Timothy Yeung and Jeff Edwards

Dawn Willis, Shanae Buffington, Mary Burroughs, Trevor Carson, Sean McCoy, Attorney General Xavier Becerra, Toby Magarian, Sil Sueyoshi, Reggiardo,Kiana MarkSueyoshi, Mayfield , Raul Ramirez, Heather Hoganson, Eliezer Cohen, Vicki Jacobs, Rhonda Harrigan, Lexi Howard, SCBF Centennial Serena and Daniel Yamshon Fellow Gary Messing and Judge Richard Sueyoshi and Ed Brooks, SCBF President www.sacbar.org | January/February 2019 | SACRAMENTO LAWYER

17

COVER STORY

2019 SCBA President

Sean McCoy

Andi Liebenbaum is an attorney at the Judicial Council of California.

She can be contacted at liebenbaum@gmail.com.

by Andi Liebenbaum

S

ean McCoy does not just volunteer to be on a committee. He serves on committees, often coming to lead them, likely becoming someone’s mentor, and always, it appears, demonstrating great skill, intellect, and dedication to whatever he has signed up for.

All this as well as a sharp and subtle sense of humor are the qualities every member can expect from Sean McCoy as President of the Sacramento County Bar Association as it embarks on its second century of service to the Sacramento legal community.

McCoy recalls that, fresh out of law school, he joined everything; the San Diego County Bar Association after graduating from law school, the Mariposa Bar Association (which he described as some law and mostly lunches with the six or seven other attorneys in town) when he became a deputy

18

He brings out the good in people, he encourages them by his actions. He appears simply to be dedicated to making his profession better. district attorney there, and ultimately the SCBA when he was hired at the Attorney General’s office. At a point early on, friend and current AG-colleague Erika Hiramatsu persuaded McCoy to join the Commission on Judicial Nom-

SACRAMENTO LAWYER | January/February 2019 | www.sacbar.org

inees Evaluation (JNE Commission), where he served for a three-year term.

She recommended McCoy because he was always open minded, always had a valuable opinion. She says that over the years, whenever she has had a legal question, McCoy is the first person she thinks of to ask, because he is extremely bright and non-judgmental. She adds that they have remained friends because they share the same “wicked but sometimes nerdy sense of humor.”

While it might be easy to say that McCoy’s childhood was the catalyst for becoming the focused and engaged bar leader he is today, the line was not that direct. McCoy tells this story from his youth: Despite receiving the Silver Star for his service in Korea, McCoy’s father had soured on the Vietnam War by the end of the 1960s. A good friend and fellow teacher encouraged him

COVER STORY to join a protest; the two loaded the kids into the station wagon (“everyone had a station wagon at the time”) and drove up Interstate 5 to San Clemente to stand near President Nixon’s “Western White House” for an hour or so holding up anti-war signs. McCoy’s memories of that early civic engagement are clear: “They held the signs – we kids just played, stood around, and were bored, but hey, it was for a cause.” And he credits this moment – in both jest and seriousness – as the beginning of his turn toward advocacy. The next year, his dad “solicited my help (or was it dragged me along?)” when he and other members of the teachers’ union picketed the school district over a pay dispute.

Flash forward: When his term with the JNE Commission was up, McCoy remembers thinking that he needed another cause. Soon after, he applied and was appointed to the Committee of Bar Examiners (CBE), where he served a total of four years, including one as vice chair and one as chair. Larry Sheingold joined CBE after several decades as staff in the California Legislature and on political campaigns; as an experienced professional, he admits it never occurred to him that he needed a mentor (“I’m not a lawyer,” he quickly points out). So, when McCoy helped him understand the world of the State Bar – the exam, the basis for a moral character determination, who lawyers should be and how they should behave – Sheingold says it was eye opening.

“Sean’s support made a world of difference to me. Without him, I would not have been vice chair and eventually chair. I don’t think I would have served for 10 years if not for Sean.”

What is it about Sean McCoy that has so many people saying, “the world would be a better place with more people like him in it?” McCoy’s mother was a teacher, and then she became an attorney later in life. Out of high school, McCoy was less focused. He attended

several different universities in San Diego (and a short stint at Brigham Young in Idaho, which was the first time he’d ever been away from home). When he graduated, he worked for a savings and loan that was taken over, and he was laid off. He did not much like accounting and did not have a math or science

SCBA President Sean McCoy

background, so law school sounded like “a decent plan.” He graduated from Cal Western and was admitted to practice in 1996. At this point, McCoy still believed Northern California was anything north of Los Angeles.

From the beginning of his legal career, it appears that McCoy found his calling. “Sean was a pleasure to work with. He had a great work ethic, was always prepared, kept our calendars moving,” says Judge Dana Walton of the Mariposa Superior Court, who says of himself, “I was a new judge when Sean came to Mariposa. He probably helped me in my new role as much or more than I helped him in his new town. That’s just the kind of guy he is,” Judge Walton continues, “easy going, professional, missed a lot when he left for Sacramento. He would make an excellent judge.” McCoy’s supervisor in the AG’s office, Ward Campbell, says that McCoy brings a rare ability and dexterity in any range and stage of trial

and appellate work, which Campbell describes as “valuable, and at times indispensable.” Noting McCoy’s quick intelligence and humor – a common theme among friends and colleagues – Campbell says that McCoy was the perennial winner of the office cartoon caption contest. And reflecting upon McCoy’s incumbency as the new president of the SCBA, Campbell is confident that McCoy’s commitment will be significant.

Many people say McCoy is a tremendous example of a true public servant. “He doesn’t have to do this,” referring to the fact that so few government attorneys join and become active in volunteer legal activities like JNE Commission, Bar Examiners, and, most significantly, local bar associations.

“He doesn’t need it for CLE, he doesn’t need the status, he doesn’t need it for networking, he just does it,” says Larry Sheingold, “because that’s the kind of person he is. In his new county bar role, he’ll get to know people and remember them long after his service has ended. He brings out the good in people, he encourages them by his actions.

He appears simply to be dedicated to making his profession better.” Ward Campbell agrees. “Sean is a talented attorney with an amiable personality. He is committed to the profession, very well-rounded, and very capable.

There’s little he can’t do, and nothing he’s reluctant to do.” Erika Hiramatsu sums it up like this: “Sean is drawn to service because he’s an all-around good person; he wants to effect change, he wants to help.”

When asked what his priorities are as president of the SCBA, McCoy says that he would like to encourage more lawyers to join the association, to give back, to participate. By all accounts, this should be a tremendous year marked by McCoy’s hard work, his mentorship of new members, and likely success, colored by a fair bit of humor to keep us engaged.

www.sacbar.org | January/February 2019 | SACRAMENTO LAWYER

19

SECTIONS, DIVISIONS AND AFFILIATES

ABAS Law Foundation Presents Its 2019 Speaker Series by Yoshinori H. T. Himel

Immigrant children and adults caged by the Border Patrol at McAllen, Texas (U.S. Customs and Border Protection photo)

B

uilding on its strong first two seasons, the ABAS Law Foundation plans a 2019 Speaker Series that will educate, entertain, and inspire.

The 2019 series starts in February with a discussion panel on the mass detention of immigrant children. At this writing, the government is holding an unprecedented 14,000 immigrant children in custody. Many are fleeing persecution in their home countries. The panel features co-director Holly Cooper of the UC Davis immigration clinic, whose main task for four years has been representing children under the Flores settlement agreement, which limits detention of minors for immigration purposes.

Also featured is psychotherapist Dr. Satsuki Ina, born in an American

20

concentration camp and specializing in childhood trauma, who has interviewed children detained in border camps in Texas.

In March or April, the Foundation will sponsor a performance of Vietgone. In this award-winning play, two refugees become soulmates while grieving after the fall of Saigon and enduring culture shock in middle America. The American Theatre Critics Association, in awarding Vietgone its 2016 Harold and Mimi Steinberg New Play Award, called Vietgone a “sexy comedy” with “a vivid, specific voice, a wonderful sense of humor and compelling stakes.”

In May, the Foundation will team up with the Sacramento Asian Pacific Film Festival to screen law-related films. Re-

SACRAMENTO LAWYER | January/February 2019 | www.sacbar.org

Yoshinori H. T. Himel is President of the ABAS Law Foundation. He can be contacted at YHimel@ LawRonin.com.

cent joint screenings with SAPFF include And They They Came for Us (ABA Silver Gavel Award, 2018), and Resistance at Tule Lake (Jason D. Max Award for Social Justice, 2017). The 2019 film list will be posted on the Foundation’s website.For August, the Foundation is organizing a staged dramatic reading of Hold These Truths, an acclaimed one-man play about civil rights hero Gordon Hirabayashi, a Japanese American who challenged World War II’s race-based restrictions.

This “epic love story between one man and the U.S. Constitution” received three 2018 Theatre Bay Area Awards.

September brings the 31st Annual Golf Invitational, a fundraising day of skill and fun chaired by Foundation board member Mike Iwahiro.

This is the Speaker Series’ third year. The first two seasons covered civic responsibilities with Chief Justice Tani Cantil-Sakauye, community empowerment and education with Dale Minami, the Sacramento premiere of Resistance at Tule Lake, bail reform in California, Bystander Intervention Training, and a screening of Sold with a panel discussion on human trafficking. And the Foundation screened the Sacramento premiere of And Then They Came for Us, attended by 800, with a stellar discussion panel and a social action networking session.

The Foundation welcomes financial sponsors for the 2019 Speaker Series and the individual events.

Please have your firm consider sponsoring. For updates on the Foundation’s events, see www.abaslawfoundation.org.

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VLSP

Vicki Jacobs is the Managing Attorney of the Voluntary Legal Services Program.

She can be contacted at vjacobs@vlsp.org.

A Spiritual and Practical Journey to Help Those In Need: Sergio Diaz by Vicki Jacobs

T

hroughout his life and legal cahe was going to be the recipient of the reer, Sergio Diaz has devoted his Voluntary Legal Services Program’s time, skills, and soul to helping those June Black Pro Bono Volunteer of the in need. A man moved by social justice Year Award for 2018, he was genuinely concerns, he has found ways to help surprised. He shouldn’t be. the developmentally disabled live betDiaz has been a longtime volunteer 1/4 Page Ad JAN/FEB SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE ter lives, help unrepresented litigants at the Lawyers in the Library program Self Storage Folsom 1329 Howe Ave., #100120 • Sacramento, CA 425 University Ave., Suite • Sacramento, CA95825 95825that is be empowered to represent themselves a joint project of the Sacramento in an intimidating legal system, and County Public Law Library and VLSP. tend to the spiritual needs of those in Each Monday night, unrepresented prison at Folsom State Prison. His life litigants are able to get a free 20-minis rife with examples of his desire to ute appointment with an attorney to help others live better lives; however, discuss their legal issues. Diaz has he is a truly humble man. When told been doing this monthly since 2010.

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event, the supervisors had not yet voted to approve funds for this program, which they eventually did.) Steinberg was plaintive in his desire to combat month foreven this project. the issue, though it could be perDiaz finds histhat work at the ceived as an issue would notlibrary necto be gratifying.

Hisissue. library are essarily be a “city” At patrons one point, people asked who do have thetomeans to Ruyak thenot audience quickly accessSteinberg’ the legals system with assistweet reply on thethe issue of tance of a lawyer.

Diaz“I’ll says the homelessness.

He said, be that darned to histhis success helpwithout the patrons ifkey I allow thingistotogrow agleave the library with something that gressive action.” theyWhen can do improve theimmediately conversationtoturned to their situation.

He is not always able to Sacramento’s bid for a second Amazon provide the questioned legal answers patrons site, Ruyak thethe prioritizaare hoping they take theothers news tion of the for, techbut industry over fromalso Diaz asked very well. and about the downside movedrents to the Sacramento area suchDiaz as rising and the resulting at a young age from Los Angeles and, exodus of long-term residents. Ruyak before that, from He of attended and Steinberg hadMexico. moments levity St. Francis school, Christian with regard grammar to euphemisms for genBrothers High School,Steinberg and UC called Davis. trification, but finally, hisHe JDacknowledged from Loyola Law itHeforobtained what it is. the School inrising Los Angeles.

He caused, and his with wife, problem rents have Eleanor, have two adult children, both long-time residents being uprooted of whom are nurses. Eleanor and Sergio from neighborhoods, as well as changes haveovercome one grandchild. that neighborhoods as trendy Diaz had a diverse career. store-fronts establish their legal presence in Hiscity. longest position was as counsel the for the state Department DevelopWhen asked about the of priority for mental provides the arts,Services.

SteinbergThis gaveagency it the same priservices and supports to persons ority as sports and talked about with vardevelopmental disabilities.

The range ious improvements and commitment of the legalarts issues thathiscame up in this to under leadership.

He position was very broad and includwas quick to promote the Farm-toed such legal areas as civil rights, emFork movement in the region too and ployment, criminal, public benefits, commented on the growth of that segprobate andcity. conservatorship law—rement in the ally When all areas of life and the law city’ thats peoasked about ratple with developmental disabilities ings, Steinberg addressed the issue of had issues with. under-funded pensions per CalPers’ Afterofhis retirement in 2013, Diaz analysis how much the city needs enrolled in the Catholic Church’s deato maintain in reserve for pensions.

It con evident program. the enddoes of this was thatAtSteinberg notfivefulyear program, an ordained ly agree with theDiaz mathwas in terms of how as a deacon.

In this capacity, Diaz has much this would consume the city’ s engaged in budget charitable operational andvolunteer whether work it is at such placesto asgethospitals, Juvenile even possible into positive ratHall based and the Authority, andcity he ings on Youth the burden that the tutoredtochildren ishas expected carry. from underprivileged his niche, Thehomes. eveningHe wasfound an issue-laden, however,look withattwo projects.

The first in-depth Steinberg’ s leadership, is called toofLife,” which is a his policies“Bridges and areas passion, as well

Justice George Nicholson Retires COVER STORY Continued from page 12 the following comment, and decided to thought-out and sincerely held – even if leave it in for one reason – there are prob- they differed a lot from my own. This – restorative project at Folsom Prison. what impressed withdescribed the deep–meaning and I have just is something ably hundreds of people in this commuPrisoners, all of whom have signifsatisfaction that his participation with nity who could say the same thing. And of such great value to our community of icant (if not life)There sentences, do things such diverse this program him. it is high praise. are many people brings (and totopreserving it as things as writeJustice lettersNicholson of apology The staff and patronstoatdiscuss VLSP are the ability reabout which andtoI a community): differences of opinion, belief, likely victims disagree and – in law, politics, etc.famiBut I spectfully their to their own grateful to Sergio Diaz for his ongoing knowDiaz that also he and I (or anyone in my perspective, and like.to justice for the lies. participates inelse a threecommitment to the access stead) could ministry discuss those things,where and it indigent On behalf many, I express hope day prison program in theof Sacramento area and for that the conclusion of this chapter of would be a dialogue, not a debate.

The the goal is to have the men bring helping all whom he guides to a bets life will him be theonstart dialogue would civil, probably colle- Justice spirituality into be their lives.

In talking ter life,Nicholson’ and congratulate his a new and productive gial. Each of us would listen to theone other. with Sergio about this work, is of well-deserved award. time of scholarI would respect that his views were well ship and service for him.

www.sacbar.org | January/February 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL www.sacbar.org | January/February 2019 | SACRAMENTO LAWYER

15 23

SECTIONS, DIVISIONS AND AFFILIATES

Kim Garner, 2018 WLS Vice President, is Of Counsel at Duggan Law Corporation. She can be contacted at kkakavas@gmail.com.

WLS hosts Annual California Supreme Court Reception by Kim Garner

W

omen Lawyers of Sacramento (WLS) recently hosted their annual California Supreme Court Reception, on Wednesday, November 7, 2018, at the Stanley Mosk Library & Courts Building. Event attendees mingled with California Supreme Court Justices and brief remarks were given by Chief Justice Tani Cantil-Sakauye. In addition to the Supreme Court Justices, there were also many attendees from both the Sacramento Superior Court and the Third District Court of Appeal, plus students from Lincoln Law School, Pacific McGeorge, and UC Davis School of Law.

WLS Past President Jennifer Hartman King, Alanna Lungren, and Anna Brown

24

SACRAMENTO LAWYER | January/February 2019 | www.sacbar.org

Lincoln Law School Dean James Schiavenza, Judge Laurie Earl, and Judge Michael Bowman

WLS Past President Sonia Fernandes, Judge Emily Vasquez, WLS Past President Patricia Sturdevant, and David Brown

Centennial

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SECTIONS, DIVISIONS AND AFFILIATES

Public Law Section Update

by Suzanne E. Kennedy

In

a joint luncheon hosted with the California Lawyers for the Arts, the Public Law Section (PLS) held its annual meeting on November 14, 2018, at the California Museum.

Katharine Killeen (PLS Chairperson; Department of Water Resources) and Lisa Camhi (California Lawyers for the Arts) welcomed attendees who enjoyed a dynamic presentation by M.J. Bogatin (Bogatin, Corman & Gold), Donald Gensler (Art in Public Places Project Manager, Sacramento Metropolitan Arts Commission), and Sarah Conley Odenkirk (Art Converge Founder) on “The Lifecycle of a Public Art Project: Where Public Art and Government Intersect.”

The presentation spanned a range of topics related to the arts, including issues of intellectual property and moral rights related to public and street art, property rights for government and privately owned and maintained property relating to public art, and the rights of artists in local and state government contracts. One of the many highlights of the discussion was hearing each panelist’s perspective on government’s role in ensuring

is Assistant City Attorney, Elk Grove, and a Public Law Section board member. She can be contacted at skennedy@ elkgrovecity.org.

Katharine Killeen, Aaron Israel, scholarship recipient Nathalie Nguyen, Maggie Stern, and Suzanne Kennedy

the installation of art in public places and how that role benefits the public.

Following the luncheon, attendees were invited to enjoy the California Museum, home of the California Hall of Fame offering an interactive experience in California’s rich history.

The PLS was again able to offer its annual scholarship to a law student with a demonstrated interest in the practice of public law. This year’s recipient, Nathalie Nguyen, a law student at Lincoln Law School of Sacramento, was recognized at the annual meeting and given her award. Nguyen

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SACRAMENTO LAWYER | January/February 2019 | www.sacbar.org

has a Bachelor of Arts degree in Political Science, a Master of Arts degree in Public Policy, and a distinguished resume which includes experience with the Governor’s Office of Planning and Research, Policy Consultant with the California Department of Social Services, and as a Housing Council Specialist with the Business Consumer Services and Housing Agency. Marissa Fuentes, a law student at U.C. Davis School of Law, was also recognized as a stand-out student looking to practice in the area of public law.

Fuentes will receive a student membership to the Sacramento County Bar Association for the coming year, compliments of the PLS. The PLS is comprised of both private and public attorneys representing public agencies and clients on a wide range of topics, including land use, law enforcement, administrative and regulatory issues, and advising legislative bodies. It regularly provides educational programs and networking opportunities for public law attorneys and law students across the broad spectrum of practices in the Sacramento region. Anyone interested in these practice areas is welcome to join in the section’s regular events.

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2019 Publishing Schedule MAGAZINE

Sacramento County Bar Association Is excited to offer a new array of advertising opportunities that harness the power of print, the web, and social media.

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SCBA Attorneys

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2019

SACRAMENTO COUNTY BAR ASSOCIATION

LEGAL DIRECTORY

Sacramento Legal Events Civil Law & Motion Notes Library News Message from the President Editor’s Column Barristers News Center for Youth Citizenship Voluntary Legal Services Program

Upcoming Occasional Columns “After Hours” “Ya Gotta Eat” “Tips from the Trenches” Inside information on local courts; Court News Section Reports Committee News Affiliate Updates Book Reviews

S A C R A M E N T O C O U N T Y B A R A S S O C I AT I O N

2019

LEGAL DIRECTORY

Annually for the next calendar year Deadline: March 15, 2019 Advertising Deadline: March 15, 2019

THIS WEEK AT THE BAR

eNewsletter

EVENTCalendar

eNewsletter Weekly on-line publication

Deadline: Weekly Distribution Advertising Deadline: One week prior

EVENTCalendar Updated Daily

Advertising options: 3 months, 6 months, 9 months and 1 year

Rates: Please speak with an account

manager for current rates and to see what specials are available for your business.

916-564-3780 28

SACRAMENTO LAWYER | January/February 2019 | www.sacbar.org

SACRAMENTO COUNTY BAR ASSOCIATION

LEADERSHIP INSTITUTE

2019

Mandatory for at least TWO Committee/ Division/Section/

WHEN:

all who wish to come)

Optional and OPEN TO ALL 5:30pm to 6:00pm: How to Prepare a Resolution for the SCBA Delegation, .5 hour MCLE

FREE

MCLE

.5 Hour Credit

Thursday, January 17, 2019

4:30pm to 5:30pm: Section Leadership Institute

WHERE: 425 University Ave, Suite 120 Sacramento, CA 95825

Appetizers and Drinks Provided RSVP: By Wednesday, January 16, 2019. Please mail, fax, or email this form to: Sacramento County Bar Association, 425 University Ave, Suite 120 • Sacramento, CA 95825 • phone: 916-564-3780 • fax: 916-564-3787 • email: cecilia.rainey@sacbar.org Name of Committee/ Division/Section: ______________________________________ Chair: ________________________________Attending: ______YES ______ NO Phone:__________ ______________________________________ Email: ______________________________________________________________________________ Address: __________________________________________________________________ City: _________________________________ State: _______ Zip: ___________

Additional attendees: _________________________________________________________________________________________ Attending: ______YES ______ NO Position: ___________________________ Phone: ______________________ _______________________________ Email: ______________________________________

Additional attendees: _________________________________________________________________________________________ Attending: ______YES ______ NO Position: ___________________________ Phone: ______________________ _______________________________ Email: ______________________________________

Additional attendees: _________________________________________________________________________________________ Attending: ______YES ______ NO Position: ___________________________ Phone: ______________________ _______________________________ Email: ______________________________________

AAdditional attendees: ________________________________________________________________________________________ Attending: ______YES ______ NO Position: ___________________________ Phone: ______________________ _______________________________ Email: ______________________________________ **This activity pending for Minimum Continuing Legal Education credit by the State Bar of California in the amount of .5 unit of MCLE in the General Law Category Credit. The Sacramento County Bar Association provider #166 certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.

This event is for SCBA members and invited guests. The SCBA reserves the right to refuse admission to anyone whose presence is unreasonably disruptive or who detracts from the safety, welfare, and well-being of other patrons, staff, and the establishment itself.

Sacramento County Bar Association • 425 University Ave, Suite 120 • Sacramento, CA 95825 • 916-564-3780 www.sacbar.org | January/February 2019 | SACRAMENTO LAWYER

29

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SACRAMENTO LAWYER | January/February 2019 | www.sacbar.org

run/walk

916.551.2164 WWW.VALENTINE.RUN

SACRAMENTO COUNTY BAR ASSOCIATION

2019 MEMBERSHIP APPLICATION

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

NEW MEMBER

NEW SET FOR AUTO RENEWAL Via Credit Card Only*

RENEWAL

Name

Payment Details: Amount $

Organization

Check #

Address

Credit Card:* Visa

City/State/Zip

__ __ __ __-__ __ __ __-__ __ __ __-__ __ __ __

Phone

(

)

Fax

(

)

Exp: ________ / _________

State Bar #

Year Admitted

Digital Sacramento Lawyer Magazine

Printed Sacramento Lawyer Magazine

Digital SCBA Legal Directory

Printed SCBA Legal Directory

$40.00 $45.00 $110.00 $125.00 $145.00 $195.00 $160.00 $210.00 $0.00 $120.00 $80.00

SCBA Capitol/Building Fund

Sacramento County Bar Foundation

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

$25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00

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

$________________ (or other amount)

SECTIONS | Check the sections you wish to join.

$25.00

SCBA PROGRAMS

$________________ (or other amount)

$25.00 $25.00

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

$40.00

CVC: ___________

Signature: __________________________________________

Email

$25.00

MasterCard

$25.00 $25.00 $25.00

Administrative Law Alternative Dispute Resolution Appellate Law Bankruptcy and Commercial Law Business Law Cannabis Law Civil Litigation Construction Law Criminal Law Environmental Law Family Law Health Care Immigration Law Intellectual Property Labor and Employment Law Probate and Estate Planning Public Law Real Property Tax Law Workers Compensation

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

SACRAMENTO COUNTY BAR ASSOCIATION

2019 MEMBERSHIP APPLICATION

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

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

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

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

Annual Meeting – Organizes the SCBA Annual Meeting.

Bench Bar Reception – Organizes the Bench Bar Reception.

Bylaws – Oversees the bylaws; makes recommendations to the

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

SCBA Delegation – Organizes delegates and SCBA participation at

Website – Assists with the SCBA website and its content.

pro bono program.

Sacramento Lawyer Magazine Editorial – Sets policies that

Board when changes are suggested.

the Conference of California Bar Associations; drafts and reviews resolutions.

MCLE – Oversees and advises the Board about MCLE credit.

Diversity Hiring and Retention – Encourages the hiring and retention of minority legal professionals.

Electronic/Social Media – Oversees and advises the Board about the SCBA’s electronic media.

Fee Arbitration – Arbitrates fee disputes between attorneys and clients.

Sports & Leisure – Annual Golf Tournament, facilitate Softball League, and may create other events.

Judiciary – Evaluates the qualifications of candidates who seek appointment to judicial positions pertaining to Sacramento County.

Lawyer Referral and Information Service – Governs policies concerning lawyer referrals made to the public.

Membership – Oversees and advises the Board about member benefits and organizational marketing.

Nominations – Nominates a slate of candidates for election as Board members and recommends SCBA awards recipients.

govern the Sacramento Lawyer.

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

DIVISIONS Barristers’ Division – SCBA members who are attorneys under the age of 36 and have practiced law under 5 years.

Solo/Small Practice Division – SCBA members who are attorneys in their own firm or small firm (four or less).

Movers Division – SCBA members who enjoy running, hiking, biking, or other athletic challenges. The Division will connect Movers with current local events, may organize teams or rideshares for those events, and may plan certain events for SCBA members.

Shakers Division – SCBA members who want to “do good” in the community in a non-legal fashion, such as serving food at a soup kitchen or assisting with food or clothing drives. The Division will connect Shakers with current local opportunities and may organize groups to work at specific events.

Previous Committee/Section participation____________________________________________________________________________________

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

Wednesday FEBRUARY

27th

SCBA Breakfast Series TOPIC: Recognizing And Eliminating Bias By Understanding & Managing Our Emotions

SPEAKER: .

DATE: Wednesday,

February 27, 2019 TIME:

Registration and Breakfast start at 8:30 a.m.

9:00 a.m. – 10:30 a.m.

SCBA EVENTS CENTER 425 University Ave, Suite 120 Sacramento, CA 95825

Les Lent

$35 SCBA Members $55 Non-SCBA Members $25 Students

PLACE:

Les Lent works with Executive Leadership across a wide variety of industries and throughout North America. Equally at home working with clines one on one, or in large groups. les delivers both value and insight to his clients. His ability to provide candid real-time training and feedback has made him an invaluable asset to the organizations he serves. Sharing the sum of his experiences, Les is an accomplished public speaker and active professional member of the National Speakers Association. Les has won multiple awards for presentations on topics including Dynamic Communication, Leadership Strategies, Goal Setting, and Creating Emotional Intelligence.

PRICING INFORMATION

MCLE - Elimination of Bias 1.5 hours

Reservations must be received by 3pm February 5, 2019.

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

RSVP: You may pay at www.sacbar.org-event calendar with credit card only or check if received on or before the deadline date. Mail payment to: Sacramento County Bar Association, Attn: SCBA Breakfast Series, 425 University Ave, Suite 120, Sacramento, CA 95825. If you have any questions please contact cecilia.rainey@sacbar.org or 916-564-3780.

Breakfast Buffet

Scrambled Eggs With Green Onions and Cheddar Cheese, Diced Breakfast Potatoes, Biscuits and Gravy, Applewood Smoked Bacon, Fruit Salad, Assortment of Beverages

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

MASTER CARD

VISA

CVR CODE NUMBER: ___ ___ ___

SIGNATURE: ___________________________________________________________________________________________________________________ SCBA Monthly Seminar - February 27, 2019 *No refund will be available within 7 days of event. **This activity pending for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1.5 unit of MCLE in the Elimination of Bias Credit. The Sacramento County Bar Association provider #166 certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.

Sacramento County Bar Association • 425 University Ave, Suite 120 • Sacramento, CA 95825 • 916-564-3780 www.sacbar.org | January/February 2019 | SACRAMENTO LAWYER

33

JANUARY 2019 SCBA LUNCHEON

Best Defenses for New Security Threats MCLE

Terrapin has always been mindful of security, it continues to be our focus in 2019. Please join us for an in-depth discussion about spotting these increasingly clever phishing schemes and securing your company's systems in this ever-changing, progressively more dangerous Internet landscape. Our security presentation includes real-life examples we’ve collected over the last 12 -18 months. We will show you exactly what and what not to do, to help keep your computer and firm network safe.

1.0 Hour MCLE** General Law

Wednesday January 23, 2019

PRICING INFORMATION $35

12:00 p.m. to 1:00 p.m.

Registration and Lunch starts at 11:45 a.m.

SCBA Members

SCBA Event Center 425 University Ave, Suite 120 Sacramento, CA 95825

$55

Non-SCBA Members

$30

Students

SPEAKERS:

Reservations must be received by 5:00 pm January 18, 2019

Nathan Johanson - President

Nathan oversees all of the company’s daily operations, from team building and technical leadership to client relations and business development. He also collaborates with business partner and CFO Tim Raney on corporate efficiency, strategic planning, and financial issues.

Reservations must be received by 5pm January 18, 2019. Registration will not be confirmed until payment is received. After deadline date (if there is availability) and for any walk-ins pricing will increase by $10. No one will be permitted to attend without payment.

Joseph O’Donnell - Technical Engineer and Instructor

RSVP: You may pay by credit card or check payable to: “Sacramento County Bar Association”.

Mail payment and lunch selection to: Sacramento County Bar Association, Attn: SCBA Labor & EmploymentLaw Section, 425 University Ave, Suite 120 • Sacramento, CA 95825 or pay online at www.sacbar.org-Event Calendar. If you have any questions please contact cecilia.rainey@ sacbar.org or 916-564-3780.

Joe brings to Terrapin an impressive IT background, including serving as the senior technical support technician and training coordinator for the law firm of McDonough Holland & Allen PC in Sacramento. He has strong technical expertise, combined with excellent communication skills. Joe is extremely knowledgeable about desktop, mobile, server and network technologies.

Buffet Luncheon Menu Mesquite Grilled Tri-Tip with BBQ Jus, BBQ Grilled Chicken Breast, Roasted Potatoes, Roasted Seasonal Vegetables, Mixed Greens with Bleu Cheese, Almonds, Craisins and Honey Dijon Dressing & Dinner Rolls.

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

MASTER CARD

VISA

CHECK NUMBER: _________________________

CVR CODE NUMBER: ___ ___ ___

SIGNATURE: ___________________________________________________________________________________________________________________

SCBA Janaury Luncheon - January 23, 2019 *No refund will be available within 7 days of event. **This activity pending for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 unit of MCLE in the General Law Category. The Sacramento County Bar Association provider #166 certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.

This event is for SCBA members and invited guests. The SCBA reserves the right to refuse admission to anyone whose presence is unreasonably disruptive or who detracts from the safety, welfare, and well-being of other patrons, staff, and the establishment itself.

Sacramento County Bar Association • 425 University Ave, Suite 120 • Sacramento, CA 95825 • 916-564-3780

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

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

SCBA Annual Meeting

S A C R A M E N T O C O U N T Y B A R A S S O C I AT I O N

Sixth Annual Honoring Distinguished Attorney of the Year Golf Tournament and Justice Arthur Scotland

BarStock

Monday, May 6, 2019 Haggin Oaks Golf Complex 10:30am Registration/Lunch 11:00am Shotgun Start 5:00pm BarStock, Awards Dinner and Silent Auction

Sponsorship Installing SCBA Opportunities: Officers & Directors Shirt Sponsor Hat Sponsor Recognizing 100% Firms

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

Best Ball Team Scramble MCLE Prior to Annual Meeting FREE for SCBA Members All Skill Levels $100 for Non-Members

Beginning Golfers Welcome

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

imited Space is L TODAY! R E T IS G E R

of Mastagni Holstedt

Individual Golfer SCBA Member $125 Non-Member $175

Speaker: Kenneth Bacon

Eagle Sponsor Birdie DATESponsor Monday Par Sponsor December 15, 2014 Lunch Sponsor Dinner TIME Sponsor 11:30Driving CheckRange in Sponsor 12:00 Lunch Putting Green PLACE Sponsor Sheraton Hole Grand Sponsor

1230 J Street

10:30-11:30am

Keynote Speaker: Chief Justice of California

Tani Cantil-Sakauye

Golf Foursome Ticket information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for non-members.

SCBA Member $500 After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or SACRAMENTO COUNTY BAR ASSOCIATION Non-Member $700 call (916) 564-3780. Send checks payable: SCBA, 1329 Howe Ave #100, Sacramento, CA 95825 425 University Ave. Suite 120, Sacramento, CA 95825 www.sacbar.org