Sacramento Lawyer Magazine - September/October 2019

September/October 2019

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2019 SCBA Judge of the Year

Emily E. Vasquez Commissioner Myrlys Stockdale Coleman Joins Napa County Superior Court Judge Daniel Calabretta’s Reflections on the Life and Career of Justice John Paul Stevens

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EDITOR’S MESSAGE

As

Elizabeth Bacon, SCBA Executive Director

I approach the end of my first 90 days, I am emboldened by something Judge Emily Vasquez said when she was appointed as the first Latina judge to serve in Sacramento County: “Being the first is something you take in stride.”

I cannot imagine what Judge Vasquez experienced being a minority in such a competitive and predominately male field while attending UC Berkeley School of Law or even as she took her first steps towards the bench. What I do know is that time has brought incredible change despite it feeling like an impossible journey. Little girls from Lodi and Greater Sacramento can now see women like Judge Vasquez and know that she is one of them and that they too could aspire to join the bench.

She is a testament to the grit and determination that is Sacramento and to the courage it takes to say “yes” to those first difficult steps.

Recently, I attended the Barristers Summer Associates Reception and SCBA Diversity Fellows Lunch, and I was struck by the tremendous diversity of our local bar association. I was inspired by the fact that the next generation of lawyers would resemble the diverse community they represent;

one of all ethnicities, genders, and socio-economic backgrounds – something that would not have happened without someone else taking those “strides” first.

As an out member of the LGBTQ community, I will admit that I hesitated when interviewing for this position.

For as progressive as California is, it occurred to me that wearing a tie to the interview could mean not getting the job. I am privileged to be here now and not 50 years ago or even 25 years ago. I am privileged to be seen for my credentials and not my gender or chosen appearance. Thus, I am especially grateful for all those who paved the way like Judge Vasquez, whose very presence changed the landscape for all of us who followed.

Part of our mission at the SCBA is to increase diversity in the field of law, but this mission is not achieved in a vacuum. It requires constant collaboration from all aspects of our community: the judiciary, private firms, law schools, and every other organization that contributes to the greater Sacramento legal community. While our work is hardly done, this association celebrates its members who make the “stride” that much easier. Congratulations, Judge Vasquez!

In Memoriam

Norm Prior (1958-2019) The Sacramento County Bar Association notes with regret the passing of recently retired Porter Scott partner Norm Prior.

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SACRAMENTO LAWYER | September/October 2019 | www.sacbar.org

EDITOR-IN-CHIEF Ellen Arabian-Lee Editor@sacbar.org STAFF EDITOR Maureen Onyeagbako MAGAZINE COMMITTEE Samson R. Elsbernd, David Graulich, Heather Cline Hoganson, Yoshinori H.T. Himel PRODUCTION DESIGN Milenko Vlaisavljevic ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS Danielle Laughter (916) 564-3780 - dlaughter@sacbar.org

SCBA OFFICERS Sean McCoy - President Shanae Buffington - 1st Vice President Trevor Carson - 2nd Vice President Bryan Hawkins - Secretary/Treasurer SCBA EXECUTIVE DIRECTOR Elizabeth Bacon - elizabeth.bacon@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

SEPTEMBER / OCTOBER 2019 VOLUME 119, NUMBER 5

COVER STORY 16 Judge Emily Vasquez Combines Keen Intellect, Fairness and Common Sense

FEATURE ARTICLE 8 Reflections on the Life and Career of Justice John Paul Stevens 14 Myrlys Stockdale Coleman Joins Napa County Superior Court

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22 Justice Peter Krause - The Third District’s Newest Member

VLSP 20 Celebrating Pro Bono Week!

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SECTIONS, AFFILIATES AND DIVISIONS 24 Springtime Law Programs Flourish 26 Solo/Small Practice Division 28 Barristers’ Club Update

DEPARTMENTS

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4 Editor’s Message 6 President’s Message COVER

Sacramento Lawyer magazine welcomes letters and article suggestions from readers. Please e-mail them to editor@sacbar.org. The Sacramento County Bar Association reserves the right to edit articles and letters sent in for publication. Please contact the SCBA at 916-564-3780 for deadline information, fax 916-564-3787, or email elizabeth.bacon@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 JUDGE OF THE YEAR

EMILY E. VASQUEZ

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PRESIDENT’S MESSAGE Sean M. McCoy President, Sacramento County Bar Association

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elcome to our September/October issue. It is hard importance of pro bono in the legal profession in 1999. to believe that the year is nearly over. I am writing “While a business can afford to focus solely on profits, a this in July, coincidently, on the 50th anniversary of the Apollo profession cannot,” she wrote. “It must devote itself first 11 Moon landing. And while it is probably unrelated to the to the community it is responsible to serve. I can imagine space program, this year also marks the 50th anniversary of no greater duty than fulfilling this obligation. And I can Sacramento’s own Lincoln Law School. imagine no greater pleasure.” This year, the American Bar In this issue, we promote our Judge of Association is celebrating pro bono week the Year, Sacramento Superior Court Judge from October 22 through October 26. On The SCBA Pro Bono Emily Vasquez. She will be honored latOctober 24th, the SCBA will host its Pro er this month at our Bench-Bar Reception Bono event honoring our pro bono attorCommittee is always on September 19th, at the Sheraton Grand ney of the year. The Sacramento County looking for more Hotel. And, of significance, we have once Bar Foundation will also be presenting its again invited each of our Presiding Judgawards. volunteers. The SCBA es and Justice to provide an update on the The SCBA Pro Bono Committee is alLawyer Referral Service courts. They will update us with news of ways looking for more volunteers. On a the retirements and appointments that related note, the SCBA Lawyer Referral and the SCBA Indigent have occurred since the last year, the workService and the SCBA Indigent Defense Defense Panel are both load of each of the courts, and, of course, Panel are both accepting applications for court funding. I hope you will attend and accepting applications for new attorneys. If you are interested, please join us in honoring Judge Vasquez. contact the SCBA office. Also, if you want new attorneys.

Ten years ago, the first National Pro to learn more in person, I hope you will Bono week celebration was organized for attend our SCBA Pro Bono event and show the last week of October 2009. The State your support for our pro bono volunteers Bar recognized the celebration with a resolution by the and for the Foundation.

Board of Trustees commending attorneys for their ongoFinally, Betsy Kimball, our long-time editor-in-chief, ing pro bono contributions, and reminding “all members chose to surrender the reins with this edition. Her co-edithat by engaging in pro bono work and providing finantor, Ellen Arabian-Lee, will continue to help edit Sacramento cial support they can make a significant difference in the Lawyer through the next edition. The SCBA wishes Betsy all lives of California’s poor who would not otherwise have the best with her next project, and we appreciate all the work access to the legal system.” Ten years earlier, former U.S. that she and Ellen have put into Sacramento Lawyer.

Supreme Court Justice Sandra Day O’Connor addressed the I will see you soon at the Bench-Bar Reception.

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FEATURE ARTICLE

Daniel Calabretta is a judge on the Sacramento County Superior Court.

REFLECTIONS ON THE LIFE AND CAREER OF JUSTICE JOHN PAUL STEVENS

by Judge Daniel Calabretta

Editor’s note: Judge Daniel Calabretta clerked for the late Justice John Paul Stevens during the 2004-2005 court term. He offers his insight into Justice Stevens’ work on the Supreme Court and shares some of his experiences of clerking for the Justice.

On

Photo by Steve Petteway, Collection of the Supreme Court of the United States

July 23, 2019, Justice John Paul Stevens was laid to rest in Arlington National Cemetery. Justice Stevens was the third-longest-serving member of the Court, having served for 35 years prior to his retirement in June 2010. He was 99 when he suffered a fatal stroke, but he was still his humble, kind, intelligent, and competitive self until the very end.

Justice John Paul Stevens with Daniel Calabretta during his Supreme Court clerkship, April 28, 2005, in the West Conference Room of the Supreme Court Building

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SACRAMENTO LAWYER | September/October 2019 | www.sacbar.org

The Eclectic Justice Stevens In many ways, Justice Stevens defies our current desire to categorize judges as liberal or conservative, as originalists, textualists, or as subscribing to a living constitution. Justice Stevens was a true common law judge -- he believed that the Founders, who were themselves trained in that tradition, intended it that way. To be sure, Justice Stevens was more than capable of rigorously examining the original intent of the Framers; some commentators believe he had the better of the argument against Justice Scalia in District of Columbia v. Heller (2008) 554 U.S. 570, when he concluded the authors of the Second Amendment did not intend to establish an individual right to bear arms. But for Justice Stevens, original intent was just one tool in the judicial toolbox. He would consult the text and

event, the supervisors had not yet voted to approve this program, precedent, but funds he alsoforrelied on his which they eventually did.)

Steinberg good judgment, the values he believed was plaintive his desire toand combat undergirded theinConstitution, his the issue, even though it could be own lived experience in reaching a perreceived an issue sult in a as given case. that would not necessarily be a “city” issue. At one point, Ruyak asked the audience quickly Formative Experiences of to Justice tweet Steinberg’ s reply on the issue of Stevens’ Youth homelessness.

He said, “I’ll be itdarned And what a lived experience was. if I allow this thing to grow without agJustice Stevens was born to a wealthy gressive action.” family in Chicago, and his father owned Whenthe theLaSalle conversation two hotels, and the turned Stevens,to Sacramento’ s bid for a second where a young John Paul wasAmazon lucky site, Ruyak questioned prioritizaenough to meet Amelia the Earhart and tion of the tech industry over others Charles Lindbergh. His father, grandand also about alltheprosecuted downside father, and asked uncle were such as rising rents resulting for embezzlement afterand the the hotels went exodus of long-term residents.

Ruyak bankrupt during the Great Depression, and the Steinberg had moments of levity with family taking a loan from the with regard to euphemisms for genIllinois Life Insurance Company, which trification, butbyfinally, Steinberg called was controlled the Stevens family, to it for interest what it payments is. He acknowledged the make on the hotels’ problem rising rents have caused, with debts. The Illinois Supreme Court relong-time uprooted versed those residents convictionsbeing as unfounded, from neighborhoods, well as changes but not before JusticeasStevens’ uncle that overcome neighborhoods as committed suicide and the familytrendy lost store-fronts establishAnother their presence almost everything. turningin the city. point in Justice Stevens’ life occurred When asked about the he priority for on December 6, 1941, when enlisted Steinberg it the the Japanese same priinthe thearts, Navy the day gave before ority as sports and talked about varattacked Pearl Harbor. Justice Stevens ious improvements and commitment would later earn the Bronze Star for his to theasarts under his leadership.

He service a cryptographer, in large part was quick to promote the Farm-todue to his work on breaking a code that Fork movement in the to region and helped the U.S. military shoottoo down commented on the growth of that segthe plane of the commander of the Japament in the nese Navy, thecity. architect of the attack on thewould city’s latratPearl When Harbor.asked Justiceabout Stevens ings, Steinberg addressed the issue er tell a reporter he was troubled by theof under-funded pensions individual per CalPers’ singling out of a particular for how (Rosen, much the needs a analysis military of attack.

The city Dissenter, to maintain inStevens reserve(Sept. for pensions.

Justice John Paul 23, 2007)It wasNew evident Steinberg The York that Magazine at p. does 650.)not fully agree with the math in terms of how much this wouldofconsume city’s The Importance Liberty the to Jusoperational tice Stevensbudget and whether it is even to getexperiences, into positiveI do ratIn possible light of these ings based on the burden that the city not think it is a surprise that Justice is expected to carry.the value of libStevens embraced The evening was to an that issue-laden, erty and would return theme in-depth look Steinberg’ s leadership, throughout his at career.

In 1986, Justice his policies areas ofdevoted passion,to as the well Stevens gaveand a speech

Justice George Nicholson Retires Continued from page 12 in the preconcept of liberty as stated his dissent in McDonald v. City of Chithe following comment, and thought-out andU.S. sincerely held –Ineven amble to the Constitution: to decided “secure to cago (2010) 56 742, 858. thatif they differed a lot from my own. This it in for of oneLiberty reason –tothere are prob- dissent, theleave Blessings ourselves Justice Stevens forcefully de-– what I have just described – is something ably hundreds of people in this commuand our Posterity.” (Stevens, The Third fended the concept of substantive due nity who could (1986) say the same And process, of such great value to our Branch of Liberty 41 U.thing.

Miami which at its corecommunity is a beliefof is high praise.

There are many neithings that diverse people (and and to preserving it as L. itRev. 277.)

For Justice Stevens, the Constitution Bill of Rights a community): the ability to discuss reabout which Justice Nicholson and I ther the Constitution nor state law is are designed to protect liberty, not to spectfully differences of opinion, belief, likely disagree – in law, politics, etc.

But I the source of liberty, but rather it is define its outer limits. I believe that know that andand I (orwomen, anyone else in my Justice perspective, and the like. experiences inherent in he men as recStevens’ personal stead) could discuss those things, and it informed On behalf of many, express ognized by the Declaration of Indehis belief that I “the taskhope of would be a dialogue, not a debate. The that the conclusion of this chapter of pendence. Justice Stevens would regiving concrete meaning to the term dialogue would be civil, probably colle- Justice Nicholson’s life will be the start turn to this concept of liberty often, ‘liberty’…was a part of the work asgial. Each of us would listen to the other. of a new and productive time of scholarincluding in the last opinion he filed, signed to future generations of judges” I would respect that his views were well ship and service for him.

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by the Founders. And yet, Justice Stevens still always viewed himself as a judicial conservative, which he understood to require a healthy respect for precedents and a proper deference to the branches of government entrusted with making policy.

Dissents, Significant Opinions, and the Justice’s Favorite Decision Justice Stevens’ lived experience often influenced his thinking in specific cases as well. He famously broke with his more liberal colleagues in concluding that it would not violate the First Amendment to prosecute individuals for burning the American flag. (Texas v.

Johnson (1989) 491 U.S. 397.) Surely, his service in the military and experience in World War II informed his thinking that the American flag was worthy of special protection under the First Amendment. His father’s erroneous prosecution almost certainly influenced his thinking about the rights of criminal defendants, for whom he ruled in favor more often than any other justice. And his long experience with the death penalty, coupled with his role in the killing of a Japanese Admiral, led him to eventually conclude late in his career that the death penalty could not be carried out in a constitutional manner. (Baze v. Rees (2008) 553 U.S. 35, 71.) On a smaller scale (although important to California) during the term I clerked for Justice Stevens, he penned a unique dissent to a decision concluding the dormant Commerce Clause applied to the interstate shipment of wine.

Justice Stevens, who was alive during prohibition, relied on his “understanding (and recollection) of the historical context” surrounding prohibition to conclude that states had leeway to treat alcohol differently than other items of commerce. (Granholm v. Heald (2005) 544 U.S. 460, 493.) At the time, he analogized the debate over the legalization of alcohol in the 1920s to the discussion regarding cannabis today.

The reader may observe that the

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opinions cited thus far are dissenting ones. That comes as no surprise given that Justice Stevens wrote far more separate opinions in his tenure than any other Justice in Supreme Court history.

Part of that owes to his longevity, but much of it is due to his independence.

Justice Stevens believed it was his obligation to set out his legal reasoning for the world to see, and he did not hesitate in doing so even if he was alone. As his granddaughter (and current clerk to Judge Merrick Garland) Hannah Mullen said at Justice Stevens’ funeral, “I hope, like him, we remain graceful in victory and undaunted in defeat — brave enough to dissent and, if no one will join us, brave enough to dissent alone.”

Indeed, some of the decisions for which the Justice is most well-known are his dissents, especially his dissent in Citizens United v. Federal Election Commission (2010) 558 U.S. 310. Perhaps it is appropriate that Justice Stevens decided to retire after he tripped over his words in reading his dissent in Citizens United from the bench. It must also be said, however, that Justice Stevens had a way of turning dissents into majority opinions. See, e.g., Bowers v. Hardwick (1986) 478 U.S. 186, 214 [dissenting from a decision criminalizing same-sex intimate relations]; Walton v. Arizona (1990) 497 U.S. 639, 709 [dissenting from a decision not requiring a jury to find true aggravated circumstances].

Of course, despite his independence Justice Stevens was not always in dissent. For instance, his opinion for the Court in Chevron USA v. NRDC (1984) 467 U.S. 837 established the standards governing review of administrative decisions. Justice Stevens authored the decision barring the execution of the mentally disabled, Atkins v. Virginia (2002) 536 U.S. 304, on which Justice Kennedy heavily relied in concluding it violated the Eighth Amendment to execute juveniles (Roper v. Simmons (2004) 543 U.S. 551). Justice Stevens authored the majority opinion in Massachusetts v.

EPA (2007) 549 U.S. 487, in which the

SACRAMENTO LAWYER | September/October 2019 | www.sacbar.org

Court held that the EPA had authority to regulate the emissions of greenhouse gases to combat global warming. He also authored several post-9/11 opinions affirming the importance of separation of powers and individual liberty even in response to terrorist threats.

(Rasul v. Bush (2004) 542 U.S. 466; Hamdan v. Rumsfeld (2006) 548 U.S. 557.)

Tellingly, however, at a recent reunion of his clerks, when Justice Stevens was asked to name his favorite decision, he did not answer with any of these decisions, but rather his decision in Sony Corp. of America v. Universal City Studios, Inc. (1984) 464 U.S. 417, in which the Court concluded recording television shows on a VCR constitutes fair use. Although I am sure the Justice liked that case in part because it was highly technical while having a significant impact on the average American, I suspect he also enjoyed the fact that he was initially assigned that case as a dissent, but wrote it like a majority opinion and was able to convince a fifth member of the Court to change his or her mind. He may be genteel, but Justice Stevens was also competitive. (This was also true when he played tennis, and later in life when he played table tennis. https://youtube/iNwjvvn7K9U.) Inside the Justice’s Chambers Justice Stevens wrote his own first draft opinions, which was unique among the Justices when I was a clerk.

He was also the only Justice not to participate in the “cert pool.” Although the other eight Justices relied on a memo written by a single clerk, Justice Stevens insisted that his chambers review all 8,000 petitions for certiorari, lest a meritorious petition slip through the cracks. I’m sure it was not lost on him that doing so, in my view, gave him an outsized influence over which petitions were granted.

Although the legal community will undoubtedly remember Justice Stevens for the opinions he wrote, his

law clerks will remember him for his kindness and civility. When I and my three co-clerks started our year with Justice Stevens, one of the first pieces of advice he gave us was to get along with the clerks in the other chambers, no matter how heated the discussions.

He pointed out that he was able to get along with his fellow Justices after years of disagreement; we could certainly get along for a year. (That lesson has taken on greater importance as of late.) The Justice would be worried if we were up too late working on a draft opinion or emergency matter, and he would send us home if there was even the hint of snow. When he was able to have lunch with us, which for him constituted a grapefruit, after checking in to make sure we and our families were all doing well, the discussion would often turn to past decisions that might be relevant to whatever issue we were then grappling with. Even at 85, and I suspect at 99, he could recall the volume of the United States Reports of many decisions and

discuss facts from the record that were not included in the opinion – often to show why a decision from which he dissented was still, in his view, “quite wrong.” Again, he did not like to lose.

In Judge David Barron’s remarks at Justice Stevens’ funeral, he spoke of what he called “Unassuming Justice Stevens” stories. An oft-reported instance involved a female clerk who had been asked by a Justice to pass around coffee at a party for new clerks. Justice Stevens, recognizing the injustice of the situation, thanked the clerk and said, “I think it is my turn now.” When a litigant referred to a justice as a judge at oral argument, Justice Stevens put him at ease by saying, “Don’t worry, the Constitution makes the same mistake.”

Our term’s version of the “Unassuming Justice Stevens” story involved the 2004 election. Justice Stevens had been up late resolving an emergency challenge related to the election out of Ohio and was in line at his polling station when someone standing next to him

started discussing an item in the newspaper related to the Ohio issue. Not wanting to embarrass the man for not knowing with whom he was talking, and not wanting to draw attention to himself, he feigned ignorance. As Judge Barron pointed out, what these stories have in common is that they show how Justice Stevens could be unassuming even while being, in my completely biased view, one of the most intelligent and wise justices in our nation’s history.

It is a good lesson for us all.

The Wisdom of Justice Stevens (and a Fortune Cookie) The first (of many) times my coclerks and I ordered take-out for dinner, we opened a fortune cookie that contained the suggestion to “Seek advice from an octogenarian.” We did so for a year, and what we learned will guide us for the rest of our lives. It is my sincere hope that Justice Stevens’ decisions will also continue to provide wisdom for generations to come.

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In Appreciation of Our Dedicated and Supportive 2019 Mandatory Fee Arbitration Panel SACRAMENTO COUNTY BAR ASSOCIATION

Mandatory Fee Arbitration Program

Panel Chair Kenneth E. Bacon, Esq.

Panel Vice Chair Timothy L. Zeff, Esq.

Attorney Arbitrators

The Sacramento County Bar Association administers a Mandatory Fee Arbitration Program to render fee disputes between clients and attorneys. Clients and attorneys have the opportunity for a neutral arbitrator to resolve the dispute through an informal, low cost proceeding without going to court.

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Please also visit our website at www.sacbar.org for details and forms.

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Shanae Buffington is the

FEATURE ARTICLE

1st Vice President of the SCBA. She can be reached at shanae. buffington@edd.ca.gov.

MYRLYS STOCKDALE COLEMAN JOINS NAPA COUNTY SUPERIOR COURT

Commissioner Myrlys Stockdale Coleman and WMBA President Carmen-Nicole Cox

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ongratulations to Myrlys Stockdale Coleman on becoming the newest Commissioner to the Napa County Superior Court. Commissioner Stockdale Coleman was appointed to her position in March 2019. Before joining the bench, Stockdale Coleman served as Assistant Chief Counsel at the Department of Consumer Affairs since 2017. Prior to that, Stockdale Coleman served as a Special Assistant Inspector General in the Office of the Inspector General. From 2003 to 2015, she managed the Stockdale Law Firm, a family law practice, in El Dorado County. Since 2013 until her appointment to the Napa County Superior Court, Stockdale Coleman served as a temporary judge handling family law and small claims matters for the Sacramento and Contra Costa County Superior Courts. Stockdale Coleman has been involved in the Sacramento legal community for many years, serving on the board of the Wiley W. Manuel Bar Association (WMBA) as secretary and newsletter editor and serving as a board member for the Women Lawyers of Sacramento.

In May 2019, colleagues, family, and friends gathered together in the Napa County Superior Court jury room to wit-

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SACRAMENTO LAWYER | September/October 2019 | www.sacbar.org

by Shanae Buffington

ness Stockdale Coleman’s investiture. Napa County Superior Court Presiding Judge Elia Ortiz welcomed the crowd and highlighted Stockdale Coleman’s qualifications, and record of service with Delta Sigma Theta Sorority, Inc. and the National Coalition of 100 Black Women. Justice Arthur Scotland (Ret.) also remarked on Stockdale Coleman’s contribution to the Anthony M. Kennedy Inn of Court and noted that her commitment to ethics, civility, and professionalism will make her an asset to the bench. At the celebratory reception, WMBA President Carmen-Nicole Cox congratulated Stockdale Coleman and thanked her for being a dedicated and loyal board member saying, “WMBA is excited, proud and inspired to see Commissioner Stockdale bringing her talents, intellect, and legal experience to bear for the benefit of those seeking justice through our courts.”

Stockdale Coleman holds a bachelor’s degree in journalism from Howard University and is a graduate of Lincoln Law School of Sacramento. She is currently assigned to Family Law, Child Support, Restraining Orders and Juvenile Dependency.

Napa County Superior Court Presiding Judge Elia Ortiz administers the oath to Myrlys Stockdale Coleman

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THE CENTURY MCLE Prior to Annual Meeting DATE Monday December 15, 2014

REACHING

THE CENTURY MCLE Prior to Annual Meeting

MARK

TIME 11:30 Check in 12:00 Lunch

MARK FREE for SCBA Members $100 for Non-Members

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

Speaker: Kenneth Bacon of Mastagni Holstedt

PLACE Sheraton Grand 1230 J Street

10:30-11:30am

Requires Knowledge Beyond Our Years

Keynote Speaker: Keynote Speaker: Associate Justice Anthony M. Kennedy, Approval is needed to run your ad, Supreme CourtChief of the United Statesof California Justice please check appropriate box below.

Celebrate Our Centennial Reception, Luncheon, and Social with us on Proof OK as is Tuesday, April 10, 2018 11am to 2pm

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FREE for SCBA Members $100 for Non-Members

TIME 11:30 Check in 12:00 Lunch

Steve Horton, Director, Legacy Giving Ph: 916-283-8312 l shorton@ucpsacto.org Ucpsacto.org/TheFoundation

PLACE Sheraton Grand Foundation for UCP Speaker: Kenneth BaconThe of Sacramento and Northern California 1230 J Street of Mastagni Holstedt

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

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

CA 95864 Sacramento, Arden Hills Lane, Resort, 1220 Arden After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or

a second proof www.sacbar.org visit orSee 564-3780 (916)1329 Association Barpayable: County Sacramento call the For more information call (916) 564-3780.

Send checks SCBA, Howe Ave #100, Sacramento, CA 95825 OK with corrections

SIGN ___________________________ DATE__________

#3

Funding the future of today’s children with developmental disabilities

WWW.SELFSTORAGEFOLSOM.COM 10:30-11:30am Thank you!

Please fax back to (916) 564-3787 or email back to dlaughter@sacbar.org

Joe Genshlea Law and Mediation - SCBA 2015

Requires Knowledge Beyond Our Years

6155 Stockton Blvd. (916) 392-3950 7455 Stockton Blvd. (916) 423-1107 Keynote Associate Justice 8671 Speaker: Folsom Blvd.

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A donation to the Foundation for

Keynote Speaker: UCP can do amazing things!

Anthony M. Kennedy, Approval is needed to run your ad, Supreme CourtChief of the United Statesof California Justice please check appropriate box below.

Celebrate Our Centennial Reception, Luncheon, and Social with us on Proof OK as is Tuesday, April 10, 2018 11am to 2pm■ California State Bar Trial Lawyer Hall of Fame, 2001

Tani Cantil-Sakauye Correction needed

■ Fellow, American College of Trial Lawyers, 1986 TicketHills information: www.sacbar.org/event calendar, $45 for SCBA members, $65Hall forofnon-members.

95864 CAState Sacramento, Arden Hills Lane, Resort, 1220 Arden n California Bar Trial Lawyer Fame, 2001

■ $5 Northern California Super since inception After November 23rd, ticket prices increase by RSVP rsvp@sacbar.org n Fellow, American College of TrialLawyers Lawyers,or since 1986 See atosecond proof www.sacbar.org visit or 564-3780 (916) Association Bar County Sacramento the call or more information Best Lawyers inSuper America since its inception call (916) 564-3780. Send checks payable: SCBA, 1329 Howe Ave #100, Sacramento, CA 95825 n■Northern California Lawyers since inception n Best inofAmerica since inception, recently: OK with corrections ◆ Lawyers Lawyer the Year,

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www.sacbar.org | September/October 2019 | SACRAMENTO LAWYER

15

COVER STORY

JUDGE EMILY VASQUEZ Combines Keen Intellect, Fairness and Common Sense

by Judge Daniel Maguire and Patricia Sturdevant

Dan Maguire is a Superior Court judge in Yolo County.

Patricia Sturdevant is a retired public interest attorney who now performs expert witness and consulting work.

E

mily Vasquez, the Sacramento County Bar Association’s 2019 Judge of the Year, is the epitome of excellence as a jurist. When contacted for this article, Presiding Judge Dave De Alba described her as “one of the most respected and well-liked judges on our bench.

She is a model of courtesy, humility, patience and dedication…. She never loses sight of fairness and ensuring that all who come before her have the opportunity to be heard fully.” Presiding Justice Vance Raye expressed similar sentiments: “There are few judges who have contributed more to the Sacramento legal community than Judge Vasquez.” Luis Céspedes, one of the founders of the Unity Bar, attests that she is an extraordinarily gifted jurist whom he has known and worked with for more than 35 years, and ranks her among the top 1% of judges: “I have had the pleasure of appearing on numer-

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SACRAMENTO LAWYER | September/October 2019 | www.sacbar.org

ous occasions in her courtroom. …

Judge Vasquez’ extraordinary communication skills are of the highest caliber because she actively listens to lawyers, parties, and witnesses, and demonstrates intelligence, thoughtfulness, common sense and clarity in her evidentiary rulings and judgments.”

Judge Vasquez has an inspirational personal story, and an unlikely path to the bench. Her parents, immigrants from Mexico, were migrant farmworkers, who spoke only Spanish and had no formal education. During her childhood, the family moved throughout the San Joaquin Valley picking grapes, peaches, apricots, pears, tomatoes, and cucumbers. As early as the third grade, when she was living in a farm labor camp with her parents, Judge Vasquez decided she was going to college. She observed how hard her family worked in the fields to put food on the table and

keep a roof over their heads, and determined that college was a way for her to escape the poverty and hardship her parents had endured. Despite having to change schools frequently, she was an excellent student. Because of her brilliance and stellar academic record, she obtained a Regents Scholarship to UC Davis. She received her Juris Doctor degree from UC Berkeley Law. Her first job as a lawyer was at California Rural Legal Assistance in Stockton, where she litigated and obtained substantial relief in class actions affecting a large number of poor people. There, she met her husband, Ralph Lightstone, who was also a lawyer at CRLA. They were married by Justice Cruz Reynoso, in a ceremony conducted in both Spanish and English.

She continued to have a successful legal career as a public interest lawyer, Public Defender, and partner at Kronick, Moskovitz, Tiedemann & Girard before her appointment to the Sacramento Superior Court in 2001, the first Latina judge of that court.

She is currently assigned to a general trial department and is one of the

Judge Vasquez takes the oath

few judges presiding over both civil and criminal jury trials, as well as complex civil litigation. Judge De Alba notes that she is one of the Court’s most experienced judges, whom he knows that he can ask “to substitute in for any judicial position, without any reservation about her skill or performance.” During her 18 years on the bench, she has handled close to 400 jury trials, and many other difficult assignments. They include the high-volume felony calendars in the courtroom at the jail, high volume misdemeanor calendars, unlawful detainers, small claims appeals, delinquency matters, civil law and motion, case management program calendars, domestic violence court, mental health court, Loaves & Fishes calendar and the Superior Court Appellate Panel.

Judge Vasquez has truly “done it all” as a trial judge, and always performs at the highest level, regardless of her judicial assignment. She combines the breadth of a generalist with the depth of a specialist – a rare and difficult feat in our complex legal system.

Judge Vasquez has a strong commitment to the fair and equitable ad-

With her husband and Justice Reynoso

ministration of the courts, which has led to her appointment to important and influential committees by California’s Chief Justices. One such example is her service as Chair of the Outreach Subcommittee of the Judicial Council Technology Advisory Committee, which drafted comprehensive guiding principles to help the judicial branch address issues of access and fairness while pursuing modernization of court practices through technology. Those principles received very positive public comment, were adopted by the Judicial Council, and have been instrumental in enabling California to take a leadership role in maximizing access to justice by self-represented litigants and other underserved parties and communities.

Judge Vasquez also has shown her dedication to promoting justice and enhancing diversity in the legal profession.

She spearheaded important projects for her Inn of Court, including a strengthening of the student mentorship program and a renewed focus on community service. Judge Dave Abbott states: “I am especially proud of her leadership as president of the Schwartz-Levi Inn of Court at UC Davis. Through undying effort and sincere devotion, she guided our Inn to national recognition, receiv-

www.sacbar.org | September/October 2019 | SACRAMENTO LAWYER

17

Maria Walker (2019 summer judicial extern from UC Davis Law School), Deputy Sheriff Deborah Bryan (bailiff), Peggy Bakarich (court reporter), Judge Vasquez, Kelly Van Winkle (court reporter), and Michele Harwell (court clerk)

ing ‘platinum’ status.” That category is reserved for Inns operating at the highest level.

She has further demonstrated her commitment to enhancing diversity by acting as a mentor and inspiration to a generation of young people interested in careers in the legal profession and the judiciary, particularly women and people of color. Amagda Pérez, now the Executive Director of the California Rural Legal Assistance Foundation, and a mentee since her first year of law school, states: “Although it has been 15 years since I graduated from law school, Emily has continued to be my mentor, moral compass, and inspiration. She has followed my career and has been there to share in my successes and achievements, many of which she has inspired.” Another of her mentees, Judge Shama Mesiwala, writes: “Sensing that Judge Vasquez is as wise as she is smart, I have sought her

18

out many times for practical life advice. … As a newly appointed judge, I have had my questions about law, procedure, and ethics answered by Judge Vasquez in a thoughtful, timely, and cheerful manner.”

Her service to the Sacramento community at large has been consistent and outstanding. For 25 years, she has been on the Board of the Health Education Council, providing health education to at risk children and adults and serving low-income, underserved populations. And she was one of the creators of the Capital Unity Council, which promotes tolerance, fairness and justice among all peoples.

As Justice Ron Robie observes: “She is a tireless worker for the underprivileged and neglected in our society.”

How has Judge Vasquez managed to accomplish all of this?

Sacramento Mayor Darrell Stein-

SACRAMENTO LAWYER | September/October 2019 | www.sacbar.org

berg cites her “incredible work ethic, innate sense of justice, and warm connection with everyone she meets.” He notes that Judge Vasquez is a “role model for young women everywhere, especially young women of color who don’t have all the early advantages in life . . . Sacramento must keep telling her story.”

By her acts and deeds, Judge Vasquez has demonstrated that she is well deserving of this award. Justice Kathleen Butz aptly summarizes why: “Judge Vasquez is gracious, personable, respected by her colleagues, and a successful mentor to many young law students and new attorneys. She models patience, balance, fairness, and integrity. Her demeanor and lack of bias is not just a mantle she puts on for court; it is at her core, part of her personality. Our community is incredibly lucky to have this remarkable woman on its bench.”

www.sacbar.org | September/October 2019 | SACRAMENTO LAWYER

19

Vicki Jacobs is the Managing

VLSP

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

CELEBRATING PRO BONO WEEK!

by Vicki Jacobs 1/2 Page Ad NOV/DEC

TO COUNTY BAR ASSOCIATION MAGAZINE

T

ety Ave., #100120 • Sacramento, Ave., Suite • Sacramento,CA CA95825 95825 he week of October 20 through 26th will be the 11th annual celebration of pro bono service sponsored

Judge Van Camp

by the American Bar Association’s Standing Committee on Pro Bono and Public Service. This National Celebration of Pro

#1 AD PRO

Bono is an annual opportunity to spotlight the services of our profession to those who otherwise cannot afford the assistance of counsel. The ABA Committee on Pro Bono and Public Service undertook this initiative to provide a format for showcasing the incredible difference that pro bono lawyers make to our system of justice, our communities and, most importantly, to the clients they serve. What can each of us do to support this celebration of pro bono work?

You could attend the SCBA’s Party for a Cause and Celebration of Pro Bono the evening of October 24th.

Each year, the SCBA hosts a party honoring a member of our legal community with the SCBA Pro Bono Award.

Emails about this year’s event will be coming to you soon. Please consider joining us at this event to celebrate the service of our pro bono volunteers in the Sacramento community.

Your firm could recognize firm members who do pro bono work. I have attended events at law firms for lunch or a mid-morning coffee break where the outstanding pro bono work by members of a firm is recognized. You may just find a volunteer opportunity for yourself by hearing more about what your colleagues are doing.

You can check out the SCBA’s Pro Bono Services page (under the Attorneys header) to find a volunteer opportunity for you and your colleagues to take on. There are several organizations and government entities who would appreciate your help. One of these organizations, the Voluntary Legal Services Program (VLSP), is the SCBA sponsored pro bono organization and has volunteer opportunities available.

During Pro Bono Week, VLSP will

CBA Annual Meeting Judge Brian R. Van Camp

noring Distinguished Attorney of the Year Justice Arthur Scotland Superior Court of CA, County of Sacramento (Ret.) •

Business & Commercial

•

Real Estate

• •

Partnership & Shareholder Disputes

Installing SCBA Officers & Directors

• •

Recognizing 100% Firms State Commissioner of Corporations - Three years Member, AAA Panels on: Commercial & Complex Civil

Employment & Labor

REACHING

THE CENTURY MCLE Prior to Annual Meeting

MARK FREE for SCBA Members $100 for Non-Members

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

(916) 515-8442 Speaker: Kenneth Bacon of Mastagni Holstedt VanCampADR.com 10:30-11:30am

20 Knowledge Beyond Our Years Requires SACRAMENTO LAWYER | September/October 2019 | www.sacbar.org

DATE Monday December 15, 2014 TIME 11:30 Check in 12:00 Lunch

PLACE Sheraton Grand 1230 J Street

be holding an Open House for those members of the Sacramento legal community who want to serve as a member of VLSP’s Advisory Committee. The Advisory Committee is a group of local attorneys with a commitment to advancing the interests of pro bono service on behalf of the low income population of the Sacramento region. The Advisory Committee meets six times a year to provide assistance and guidance to VLSP in terms of its programs, fundraising, publicity and overall goal setting. Some of our Advisory Committee members have been volunteering with VLSP since it began in 1981 and they provide a wealth of perspective and knowledge of the pro bono community in Sacramento.

If you are interested in finding out more, please attend VLSP’s Advisory Committee Open House on Friday, October 25th, at 12:30 pm at the VLSP office at 501 12th Street in Sacramento. We are serving lunch and would appreciate an RSVP at vlsp@vlsp.org if

you plan to attend.

If your current schedule does not permit you to volunteer your time to a pro bono project, a way to celebrate Pro Bono Week is to make a financial or inkind donation to a pro bono program like VLSP. Each year, VLSP is fortunate to receive some of its funding from private firms and individuals. Given that Sacramento has a large number of government attorneys, we receive donations from government employees through United Way donations made through payroll deductions. VLSP is just one of many certified United Way agencies who participate in the annual “Our Promise California State Employees Giving at Work” campaign. We are organization number 7505. We are grateful for those state employees who make VLSP a part of their charitable giving plan.

Another way to support pro bono is to join other VLSP volunteers in making telephone calls seeking donations during our 29th annual fundraising

Phoneathon on Thursday, September 12th. We have lists of prior VLSP donors for you to call from, or you can call your colleagues (or opposing counsel!) seeking a donation to support your local pro bono program. We are looking for a couple of hours of your time that day and you’ll leave with VLSP swag!

There is another way you can contribute to VLSP this year: with VLSP’s addition of a new family law project in 2019, we find that we are going through a lot more copy paper than ever before.

If you’d like to make an in-kind donation of copy paper, please contact us.

The price of copy paper has apparently doubled over the last year!

We would love to have you and your office join us in the celebration of pro bono during Pro Bono Week. A great time to talk would be at the SCBA’s Party for a Cause and Celebration of Pro Bono. We hope to see you there.

For more information, please email vjacobs@vlsp.org.

ATTENTION ALL SCBA MEMBERS! SCBA is getting ready to update the 2020 Directory!

Make Sure to Check your information Decide if you want to add a photo Opt-Out if you do not want to be listed www.sacbar.org/2020-legal-directory-information/

DEADLINE Nov 15th!

For more information please contact Danielle at: dlaughter@sacbar.org

www.sacbar.org | September/October 2019 | SACRAMENTO LAWYER

21

FEATURE ARTICLE

Justice George Nicholson, (Ret.), Court of Appeal, Third

JUSTICE PETER KRAUSE THE THIRD DISTRICT’S NEWEST MEMBER by Justice George Nicholson (Ret.)

A

Jonathan Renner, “Peter has juggled a demanding career with his family’s daily routine. When he isn’t at work, he is often shopping, cooking, or helping his daughters get to their activities.”

Hard work is second nature to him. Encouraged by his parents, Justice Krause began early, as a little boy with a paper route. From then on, he always worked, holding various jobs in high school, college, and law school.

After graduating with an English degree from UC Berkeley, he was unsure what to do, but had enjoyed a legal studies survey course taught by Ninth Circuit Judge John Noonan. He took a job as a litigation clerk with Sheppard, Mullin, Richter & Hamilton in Los Angeles to help him decide whether a career in law might suit him. It did! Two years later, he enrolled at Loyola Law School while continuing as a part-time law clerk.

After graduating from Loyola and taking the bar, but before his first offi-

Photo courtesy of Brenda Nicholson

mid rave reviews by colleagues in private practice and public service, Peter A. Krause recently became the newest justice on the California Court of Appeal, Third Appellate District. Governor Jerry Brown nominated him and later administered the oath of office, after the Commission on Judicial Appointments unanimously confirmed him.

His confirmation was not surprising. All who know Justice Krause say he is a kind mentor and a stellar lawyer destined to become a great justice on a great court. Presiding Justice Vance W. Raye offered an especially warm welcome, “I can’t wait for you to begin to work with us!”

Justice Krause is a sensitive and caring man. He is a family man whose wife and daughters, immigrant parents, and brother and his family, attended his Commission hearing and swearing in, all smiles. “As a working parent,” according to Third Appellate District Justice

Governor Jerry Brown swears in Peter A. Krause as an associate justice, Court of Appeal, Third Appellate District, on December 21, 2018

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SACRAMENTO LAWYER | September/October 2019 | www.sacbar.org

Appellate District – teacher, prosecutor, trial judge, and appellate justice for more than a half century. He can be contacted at george.nicholson72@icloud.com.

Justice Peter A. Krause

cial day of work as a litigation associate, Justice Krause’s legal career began in earnest in the summer of 1996. Sheppard Mullin partner Mark Riera called him at the beach and asked him to come into the office to work on a complicated international dispute over the weekend.

According to Riera, the “gravitational force of the case drew Peter into the office for around-the-clock efforts that resulted in a trial court victory and an affirmance in the United States Court of Appeals for the Ninth Circuit. This began a succession of class actions, trials, and inheritance disputes in London, Jeddah, and Riyadh among heirs of a Saudi sheik, and similarly challenging matters that occupied our work together for the next nine years.”

As time went on, Justice Krause’s aspirations began to shift. He felt a call to public service. He knew such a move would require a significant pay cut. But after family discussions, he and his family moved from Los Angeles to Sacramento where he eagerly joined the Judicial Council’s Office of the Gener-

worked on teams in the law, just as appellate justices work in teams.”

Justice Krause is a master at minimizing disagreement and maximizing consensus. Reflecting on their shared time while serving Governor Brown, Justice Joshua Groban, California Supreme Court, agrees. He says Justice Krause fits nicely with the Third Appellate District’s acclaimed collegiality.

“He is never interested in taking credit or receiving recognition for his hard work. Time and time again, when we worked together, he would come up with a key legal argument on a case, or he would completely re-write a brief, or he would flag an important legal issue about a piece of legislation, but he never took credit. He just wants to ‘get it right,’ and he is always happy working behind the scenes. Peter has zero interest in recognition or the limelight,” Justice Groban says.

A good lawyer must be a “professional in versatility” according to legendary Harvard Law Professor Barton W. Leach.

Making versatility integral to his nature, Justice Krause emerged long ago as a legal generalist. He has conditioned himself to dealing with a kaleidoscopic array of legal issues. “By the time I got to the Governor’s Office, I had worked on an incredibly diverse array of cases and issues,” he says.

“I became extremely comfortable working on legal issues with which I had little or no familiarity. I enjoy working hard, studying issues from every angle, and reaching a conclusion about how best to interpret a law or regulation.”

This frequently became a 24/7 matter for him while in the governor’s office, “I never knew exactly what each day would bring. I routinely worked on dozens of different legal issues in any given week. My principal client was the Governor, of course, but I also advised his executive, cabinet, legislative, appointments, and press secretaries. I supervised more than two-dozen departmental and agency chief counsel. I gave advice on a wide variety of legal subject matters, many of them similar to what I gave while in the Attorney General’s Office.”

Photo courtesy of Justice Vance Raye

al Counsel. There he learned the inner workings of the judiciary while providing legal advice to trial and appellate presiding judges and to the Judicial Council and its senior staff.

Two years later, seeking a return to litigation, Justice Krause joined the government law section of the Attorney General’s Office. He quickly moved up the ranks and soon became a supervisor dealing with high profile, complex litigation involving a variety of important legal issues. Once again, he found himself advising the Judicial Council and, in addition, the attorney general, the governor, the secretary of state, the controller, the treasurer, and more than a dozen state departments and agencies.

In addition to working with Justice Renner, then a senior member of the office, and First Appellate District Justice Jim Humes, then Chief Deputy Attorney General, he enjoyed the privilege of working directly with Attorneys General Jerry Brown and Kamala Harris. According to Justice Renner, “Peter never hesitated to volunteer for new assignments. This was true even when the scope of the project was not fully defined and the deadlines were tight.”

In 2013, Justice Krause was invited to serve as Chief Deputy Legal Affairs Secretary to Governor Brown. In that role, he helped advise the Governor’s senior staff and manage the legal affairs of dozens of state agencies. In 2015, Governor Brown appointed Justice Krause to be his Legal Affairs Secretary for his final term in office.

Throughout his time in the law, Justice Krause has been a team player. He is at his best, he says, when collaborating with others. Every witness before the Commission on Judicial Appointments spoke of his humility, his collegiality, and his great respect for those around him. He acknowledges as much. “Whatever legal successes I have enjoyed over the past several years,” he says, “were made possible by the congeniality and competence of the wonderful team of lawyers and staff with whom I worked.

I am proud of all of them. I have always

Justice Krause and Retired Justice Nicholson in chambers, May 16, 2019

Due to its location in the state capital, the Third Appellate District hears more appeals involving state government than the other five appellate districts. Justice Krause is prepared for that caseload. “Because the Third Appellate District deals with a higher than average number of cases involving the government,” he says, “I believe my experience and knowledge allow me to bring to the bench a deep understanding of how state government actually works, as well as an insider’s understanding of how legislative bills are passed, the initiative process, and election laws.”

Criminal appeals also present no problem for Justice Krause. While most of his career involved civil law, he worked on a number of criminal law issues in the Governor’s Office. Handling sensitive, contentious criminal law issues while there added important dimensions to his legal expertise, humanity, and humility. “Working closely with the Governor for the past few years on clemency and criminal justice reform,” he says, “taught me courts sometimes make mistakes and judges must be especially vigilant in cases in which someone’s liberty is at stake.”

Such sensitivity and magnanimity should be most welcome for every lawyer and litigant who appears before a Third Appellate District panel on which Justice Krause sits.

www.sacbar.org | September/October 2019 | SACRAMENTO LAWYER

23

SECTIONS, AFFILIATES AND DIVISIONS

SPRINGTIME LAW PROGRAMS FLOURISH

Katharine Killeen is Assistant Chief Counsel, California Department of Water Resources, and Chairperson of the Public Law Section. She can be contacted at Katharine.Killeen@water.ca.gov.

by Katharine Killeen

Will Brieger, Jim Ewert, Rebekah Gibson, Jerry Hicks, and Sandra Talbott

In

April, the Public Law Section featured a fascinating panel discussion on challenges and nuances of “The Public Records Act in the Digital Age” featuring Jim Ewert, General Counsel for the California News Publishers Association, Rebekah Gibson, Senior Counsel at the California Department of Forestry and Fire Protection, and Jerry Hicks, Supervising Deputy City Attorney, Sacramento. Assistant Sacramento City Attorney Sandra Talbott, skillfully moderated the session, which drew a packed room.

In May, the Public Law Section partnered with the Environmental Law Section to offer a program on “Tribal Cultural Resources and CEQA: Respect and Collaboration Best Practices between Tribal and Local Governments in Implementation of AB 52.” The knowledgeable speakers provided practical tips on productive implementation of AB 52. Laverne Bill, Cultural Resources Manager at the Yocha Dehe Wintun Nation, David Tilley, Principal Planner at the City of West Sacramento, and Holly Roberson, an associate at Kronick Moskovitz Tiedemann & Girard (KMTG), brought informative perspectives to enrich their presentation. The sections are grateful to KMTG for hosting the lunch!

Finally, in June, the Public Law Section again joined the Environmental Law Section to host a mixer at the House Kitchen & Bar, with close to 50 attendees, including members, non-members, and many law students. The sections are grateful to Downey Brand for helping host this excellent networking event! It was highly interactive and wonderful to meet many law students and attorneys at all phases of their careers.

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SACRAMENTO LAWYER | September/October 2019 | www.sacbar.org

Holly Roberson, David Tilley, and Laverne Bill

We look forward to seeing members and guests at more educational and enriching programs throughout the year.

Sacramento County Bar Association’s ADR Law Section Presents

YOLO CONFLICT RESOLUTION CENTER Implementing Justice Mediation, Restorative Justice and Conflict Resolution Services in Our Region

SEPTEMBER 26, 2019 SCBA ADR Law Section CHAIR Melissa Aliotti EXECUTIVE COMMITTEE Ernie Long Ken Malovos Bill Owens Dave Perrault Tom Redmon Pat Tweedy Tom Wagner Daniel Yamshon PAST CHAIRS Daniel Yamshon Steven Belzer Bill Owens Ken Malovos

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

Check-in: 11:45 a.m.

SCBA EVENT CENTER

425 University Ave., Suite 120 Sacramento, CA 95825

MCLE 1 Hour

General Law

SPEAKERS: Kara Hunter Kara Hunter is the Executive Director of the Yolo Conflict Resolution Center, a nonprofit that works to fulfill possibilities for change and responsible interdependence through visionary leadership and a responsiveness to needs. Kara has nearly 20 years in the non-profit administration and leadership and enjoys serving the community in this capacity. She is a member of 2 Boards of Directors and has given thousands of volunteer hours to the community in a variety of capacities including mentorship, historic preservation, tutoring, language teaching, as well as juvenile and criminal justice reform.

Hon. Alberto Rosas Alberto Rosas is an Administrative Law Judge for the State of California.

He serves on the boards of directors of the Cruz Reynoso Bar Association and Yolo Conflict Resolution Center.

PRICING: $30 SCBA ADR Section Members $40 SCBA members $45 Non-SCBA members $20 Students

Buffet Menu: Roasted Apple & Radicchio Salad, Raspberry Dressing, Mesquite Grilled Tri-Tip with BBQ Jus, BBQ Grilled Chicken Breast, Housemade Mac & Cheese, Roasted Seasonal Vegetables, & Dinner Rolls.

YOUR NAME: ______________________________________________________________________________________ ADDRESS: ________________________________________________________________________________________ CITY: ___________________________________________ STATE: ________ ZIP: ______________________________

Reservations must be received by 5pm September 20, 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.

You may pay by credit card or check payable to: “Sacramento County Bar Association” mail payment to: Sacramento County Bar Association, 425 University Ave, Suite 120, Sacramento, CA 95825 or pay online at www.sacbar.orgEvent Calendar. If you have any questions please contact Cecilia Uribe at cecilia. uribe@sacbar.org or 916-564-3780.

EMAIL: __________________________________________________________________ AMOUNT: $______________ CREDIT CARD NUMBER: _ _ _ _ – _ _ _ _ – _ _ _ _ – _ _ _ _ CHECK NUMBER: ___________________ EXPIRATION DATE: ___ ___ – ___ ___

MASTER CARD

VISA

CVR CODE NUMBER: ___ ___ ___

SIGNATURE: ______________________________________________________________________________________ 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. **This is pending approval 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.

www.sacbar.org | September/October 2019 | SACRAMENTO LAWYER

25

SECTIONS, AFFILIATES AND DIVISIONS

SOLO/SMALL PRACTICE DIVISION by Debra L. Samuels June’s Brown Bag Event Was an Eye Opener On June 19th, the Solo/Small Practice Division held a Brown Bag Collaborative Roundtable on the topic of Staffing and Employment Issues. Attendees were treated to a short presentation by Division board member and employment lawyer Ellen Arabian-Lee who promptly scared all attendees by letting them know about the new employment laws that can catch the unwary off guard. This was followed by a lively discussion about how to stay in

26

compliance.

On August 27th, the Division held an MCLE event at the SCBA Event Center, presented by Karen Goodman and Bret R. Rossi, covering the topic of Collecting Fees from Clients, a topic of interest to all firms.

Upcoming Events The Division will be holding its Annual Mixer in November to announce its new Board Members. Please be sure to vote when you see the email ballot in October.

SACRAMENTO LAWYER | September/October 2019 | www.sacbar.org

Debra L. Samuels is the Solo/Small Practice Division Co-Treasurer and practices real estate litigation in the Sacramento region. She can be contacted Samuels@SamuelsLaw.com.

The Solo/Small Practice Division looks forward to holding future MCLE seminars, mixers and boot camps on other topics. Please check the SCBA Calendar for these upcoming Division events.

For more information regarding sponsorship opportunities, event details, or to share ideas for future MCLE events or workshops, please e-mail Debra Samuels at Samuels@Samuels-Law.com.

SCBA PRO BONO COMMITTEE PRESENTS

2019 PRO BONO Awards RECOGNIZING THE WORK OF LOCAL PRO BONO ATTORNEYS PAULA D. SALINGER

Since her admission to the Bar in 2002, Paula has provided extensive and exemplary pro bono services to indigent clients with family and guardianship issues through the Voluntary Legal Services Program, including its Family Law Assistance Project. She is willing to take on particularly complex cases or challenging clients. She has also dedicated many hours volunteering for the Sacramento Superior Court's family law Pro Tem projects such as the One Day Divorce Program.

This is a SCBA Pro Bono Committee Award. If you are interested in serving on the SCBA Pro Bono Committee, please call the SCBA office.

OCTOBER 24, 2019 Awards Party 5:30 p.m. - 7:30 p.m.

SCBA EVENT CENTER

SPONSORSHIP

TICKETS

Silver sponsor $250 includes 3 tickets

425 University Ave., Suite 120 Sacramento, CA 95825

SCBA Members $25 Non-SCBA members $30

Gold sponsor $500 includes 6 tickets

KEYNOTE SPEAKER

Dave Jones Insurance Commissioner, Emeritus

Register online at www.sacbar.org events calendar or RSVP by mail, fax, or email: Sacramento County Bar Association 425 University Ave., Suite 120, Sacramento, CA 95825 • Fax: 916-564-3787 • Email: cecilia.uribe@sacbar.org • For questions or additional information please call 916-564-3780 or visit www.sacbar.org

SECTIONS, AFFILIATES AND DIVISIONS

BARRISTERS’ CLUB UPDATE

Jake Weaver is the Barristers’ Media Chair and an attorney at Reynolds Tilbury Woodward LLP. He can be contacted at jweaver@ rtwlawllp.com.

by Jake Weaver

SCBA Barristers’ Club of Sacramento 27th Annual Summer Associates Reception Sponsors (2019) PLATINUM SPONSORS Delfino Madden O’Malley Coyle & Koewler, LLP Flesher Schaff & Schroeder, Inc. Matheny Sears Linkert Jaime LLP Palmer Kazanjian Wohl Hodson LLP From left to right: Lauren Foust Sorokolit, Jordan McCroskey, Jeff Schaff, Kurt Hendrickson, Elizabeth Key, Lauren Calnero, Nicholaus Johnson, Steve Duvernay, Caroline Colangelo, Connor Olson, Megan Sammut, Brandon Jack, and Kevin Khasigian

Winning Your Summary Judgment Seminar On June 27, 2019, the Barristers’ Club held its Winning Your Summary Judgment Motion luncheon seminar.

The speakers included Meghan Baker and Jennifer Williams from Downey Brand LLP. Baker and Williams shared their invaluable insight and perspective on effective motion for summary judgment practice. The Barristers’ Club thanks Baker and Williams for their time and thoughtful advice.

27th Annual Summer Associates Reception The Barristers’ Club hosted its 27th Annual Summer Associates Reception on July 18, 2019, at Mix Downtown to honor the Diversity Fellowship Program and its participants. The Summer Associates Reception was well attended by a diverse group, including law students, local practitioners, and members of the judiciary.

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Porter Scott VSP GOLD SPONSORS

The Barristers’ Club sincerely thanks the firms participating in the Diversity Fellowship Program and those who sponsored the event.

Introducing Newest Barristers’ Club Board Member Elizabeth Key The Barristers’ Club is pleased to introduce Elizabeth Key as our newest board member. Key obtained her JD from UC Davis School of Law Elizabeth Key and is currently an associate attorney at Boutin Jones. Key practices business litigation with an emphasis on complex healthcare disputes.

Stay tuned for additional continuing legal education seminars and socials this Fall. We look forward to seeing you soon.

SACRAMENTO LAWYER | September/October 2019 | www.sacbar.org

Buchalter Downey Brand LLP Fisher & Phillips LLP Law Office of Joseph Carroll Kershaw Cook & Talley Kronick Tiedemann Moskovitz & Girard Lewis Brisbois Bisgaard & Smith LLP UOP McGeorge School of Law The Law Offices of Remy Moose Manley, LLP Sacramento City Attorney’s Office VWM Analytics, LLC

SOLO/SMALL FIRM SPONSORS Benbrook Law Group KDH Law The Law Offices of Connor W. Olson

“Have you ever put anyone in jail?”

SCBF’s

SACRAMENTO COUNTY BAR ASSOCIATION PROGRAM

KIDS LAW DAY

- KIDS LAW DAY STUDENT

S IDS KKID W DDAAY Y LA LAW APRIL 2020

SACRAMENTO COUNTY SACRAMENTO COUNTY ASSOCIATION PROGRAM BARBAR ASSOCIATION PROGRAM

COME SHARE YOUR KNOWLEDGE TODAY!

The Sacramento County Bar Foundation is seeking VOLUNTEERS for the Spring 2020 to visit K-12 schools in Sacramento County.

If you cannot volunteer, please consider DONATING to our backpack supply fund.

To volunteer contact Martha Fenchen at mfenchen@sacbar.org or call (916) 564-3780.

To donate Visit http://foundation.sacbar.org or call (916) 564-3743. www.sacbar.org | September/October 2019 | SACRAMENTO LAWYER

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SACRAMENTO COUNTY BAR ASSOCIATION

100% CLUB 2019 Abbott & Kindermann Inc. Bartholomew & Wasznicky LLP Bartkiewicz Kronick & Shanahan Beeson Tayer & Bodine APC Best Best & Krieger LLP Bohm Law Group, Inc. Boutin Jones, Inc. Buzzell Law Group, PC California Dept. of Human Resources California Farm Bureau Federation Carothers DiSante & Freudenberger LLP Cohen Durrett LLP Cook Brown, LLP Cuneo Black Ward & Missler Curtis Legal Group Daponde Szabo Rowe PC Day Carter & Murphy LLP Delfino Madden O’Malley Coyle Koewler Diepenbrock Elkin Gleason LLP Donahue Davies LLP Downey Brand, LLP Dreyer Babich Buccola Wood Campora, LLP Duggan Law Corporation Eason Tambornini, ALC Ellison Schneider Harris & Donlan LLP Evans Wieckowski Ward & Scoffield, LLP Fagen Friedman & Fulfrost LLP Felderstein Fitzgerald Willoughby & Pascuzzi & Rios, LLP Fisher & Phillips LLP Forester Purcell Stowell PC Gale, Angelo, Johnson & Pruett P.C. Gavrilov & Brooks Greenberg Traurig Gurnee Mason Rushford Bonotto & Forestiere, LLP Hanson Bridgett LLP Hansen Kohls Sommer & Jacob, LLP Hardy Erich Brown & Wilson Hefner Stark & Marois, LLP Hiroshima Daggett ALC Jacobsen & McElroy, PC Kennaday Leavitt Owensby PC

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SACRAMENTO LAWYER | September/October 2019 | www.sacbar.org

Klinedinst, PC Kershaw Cook & Talley PC Knox Lemmon & Anapolsky Krogh & Decker LLP Kronick Moskovitz Tiedemann & Girard Langenkamp Curtis & Price, LLP Lauria Tokunaga Gates & Linn, LLP Littler Mendelson P.C. Longyear O’Dea & Lavra LLP Low McKinley Baleria & Salenko LLP Matheny Sears Linkert & Jaime LLP Mastagni Holstedt, A.P.C. Meegan Hanschu Kassenbrock Messing Adams & Jasmine LLP Mokri Vanis & Jones LLP Molina Healthcare, Inc. Murphy Austin Adams Schoenfeld LLP Murphy Campbell Alliston & Quinn Nossaman LLP O’Connor Thompson McDonough Klotsche LLP Ogletree Deakins Nash Smoak Olson Hagel & Fishburn LLP Orrick Herrington & Sutcliffe LLP Palmer Kazanjian Wohl Hodson LLP Pillsbury Winthrop Shaw Pittman Pioneer Law Group Rediger McHugh LLP Remy Moose Manley, LLP Rothschild Wishek & Sands LLP Schuering Zimmerman & Doyle LLP Simas & Associates Ltd. Sloan Sakai Yeung & Wong LLP Somach Simmons & Dunn Spinelli Donald & Nott Thomas Law Group Timmons Owen Jansen & Tichy, Inc. Trainor Fairbrook Wagner Kirkman Blaine Klomparens & Youmans, LLP Weintraub Tobin Wilke Fleury Hoffelt Gould & Birney LLP­ Woodruff O’Hair Posner & Salinger, Inc.

SACRAMENTO COUNTY BAR ASSOCIATION

JOIN THE 100% CLUB

100% CLUB

The Sacramento County Bar Association’s 100 Percent Club is a special category of member firms which have demonstrated an outstanding commitment to the work done through SCBA programs and services in the legal profession and the community.

These firms with five or more attorneys have indicated their commitment by having 100 percent of their attorneys as members of the SCBA. The SCBA is always exploring additional benefits to reward and recognize our 100 Percent Club members.

100 Percent Club Member Firms Will Receive the Following Complimentary Public Recognition: Your firm will appear on the SCBA home page website with a direct live link to your firm’s website The SCBA website has recently seen as many as over 2,000 per week; this is a great way for your firm to stand out in the crowded legal field.

Your firm will be listed in the SCBA Sacramento Lawyer Magazine The SCBA Sacramento Lawyer Magazine is distributed to all of our members throughout the Sacramento region, another way to raise your firm’s visibility in the legal community.

Your firm will receive recognition at the SCBA Annual Meeting with a frameable Certificate The SCBA Annual Meeting luncheon gives firm leaders and members an opportunity to gather and share their unique issues as well as meet and greet the SCBA Board of Directors and incoming President.

Your firm will be listed in the SCBA Legal Directory Your firm will be listed throughout the year in the SCBA Legal Directory.

If your firm is not already part of the 100 Percent Club, the SCBA makes it easy to join. Please contact Martha Fenchen, SCBA Member Services Department at mfenchen@sacbar.org, 916-564-3780, to provide a group renewal invoice as well as individual invoices for your attorneys to make the process as easy as possible.

SACRAMENTO COUNTY BAR ASSOCIATION 425 University Ave. Suite 120, Sacramento, CA 95825

www.sacbar.org

SACRAMENTO COUNTY BAR ASSOCIATION

425 University Ave., Suite 120 Sacramento, CA 95825

SCBA ANNUAL MEETING 2019 • Honoring

Distinguished Attorney of the Year Andrew W. Stroud

• Installing SCBA Officers & Directors • Recognizing 100% Firms

MONDAY, DECEMBER 2, 2019 SCHEDULE:

10:30 am MCLE 11:30 am Check-in 12:00 pm Lunch SHERATON GRAND 1230 J Street Sacramento, CA 95814 Grand Nave Ballroom

MCLE PRIOR TO ANNUAL MEETING:

Free for SCBA Members $100 for Non-Members 1 hour Ethics 10:30 am - 11:30 am KEYNOTE SPEAKER:

Leah T. Wilson, Executive Director, State Bar of California

TICKET INFORMATION:

$45 for SCBA members $65 for non-members, $20 Judges/Court Staff/ Law Students.

After November 16th, ticket prices increase by $10.

TOPIC: MCLE PRESENTER:

Judge Allison Claire TOPIC:

Job Stress & Attorney Well-Being

THE NEW STATE BAR: Current and Future Developments for Public Protection, Access to Justice, and Diversifying the Legal Profession.

RSVP to cecilia.uribe@sacbar.org or call (916) 564-3780 Send checks payable: SCBA, 425 University Ave., Suite 120, Sacramento, CA 95825 Information on Sponsoring opportunities email Cecilia Uribe at cecilia.uribe@sacbar.org.