Sacramento Lawyer - Vol 2.2023

2023 SCBA Judge of the Year: Hon. Troy Nunley

Photo by Eleakis Photography: www.eleakis.com

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Sacramento Lawyer 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 submitted for publication. Please contact the SCBA at 916-564-3780 for deadline information. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Editors, by pickup at the SCBA office only.

RESILIENCE

By Andi Liebenbaum (she/ella)

Nearly every day, I see and re-read a quote from an unknown source that I have hanging in my office. It reads: Peace. It does not mean to be in a place where there is no noise, trouble, or hard work. It means to be in the midst of those things and still be calm in your heart.

Certainly, this message speaks to the biggest issues of our times – war, hate, global warming, disease, politics, finances. But not everything we do is characterized by or in the furtherance of these larger issues. Much of what we do on a daily basis – as practicing attorneys, business leaders, volunteers, parents, children – is juggle the many balls we have, get to the end of the day, take a deep breath, and prepare ourselves for whatever is next. Why? Because we are resilient. Because we are capable, thoughtful individuals who intend to – and do – persevere. We

are regularly in the midst of noise, trouble, and hard work, and yet here we are, and here we stake our claim.

Your bar association is characterized by this same resilience. Facing the pandemic on the heels of financial instability, we have come out the other side ready for more and better than ever. It’s true, the Sacramento County Bar Association has experienced some of its own noise and trouble. Yet with hard work from our staff, our volunteer board, and many of you, we stand firm, and we continue to represent the best of what local bar associations are. Just recently we celebrated the most impressive and exciting Bench Bar Reception in memory. More than 450 of us came together to honor our profession, to show gratitude for the relationship between our association and the bench, and to recognize another star in the judicial constellation, Judge Troy Nunley. (Be sure to read

about both the Bench Bar Reception on page 16, and Judge Nunley on page 12.) Just prior to that we partnered with our friends at the Sacramento County Bar Foundation to undertake not a single Kids Law Day, but FOUR Kids Law Days! And the future is bright. We are working on additional events such as a recognition of Nathaniel Colley, our association’s first African American member, and a Complex Civil Litigation training program in collaboration with the Alameda County Bar Association and members of the Sacramento Superior Court. We are in the midst of hiring additional staff. We will host our Annual Meeting and holiday celebration in December in anticipation of a new year and even greater successes. Some noise, yes. A bit of “good trouble,” I sure hope so. And a lot of hard work. Because, like you, the Sacramento County Bar Association is resilient.

Andi Liebenbaum , 2023 President, Sacramento County Bar Association.

Your 2023 SCBA Board of Directors:

PRESIDENT Andi Liebenbaum

Lead PoLicy advocate, county of Los angeLes liebenbaum@gmail.com

VICE PRESIDENT Connor Olson

Law offices of connor w. oLson connor@cwo-law.com

TREASURER

Angelina Ray Pacem temPestate Law angelina@pacemtempest.com

SECRETARY Corey Day stoeL rives corey.day@stoel.com

MEMBERS AT LARGE Robert Brenner Brenner Law firm rob@brenner-lawfirm.com

David Graulich Law Practice of david grauLich david@wrongedatwork.com

Shari Covington caLifonia medicaL assn scovington@cmadocs.org

Tara Crabill sacramento district attorney's office tara.m.crabill@gmail.com

Michael Vargas rimon Law, P.c mvargasesq@gmail.com

Mauriah Conway meissner JosePh PaLLey & ruggLes, inc. conway@lawofficeinc.com

ALJ Alberto Rosas cPuc albertorosas@yahoo.com

Justin Ward the ward firm thewardfirmca@gmail.com

SECTION REPRESENTATIVES

Jennifer Mouzis Law office of Jennifer mouzis jm@jennifermouzislaw.com

Dustin Amrein downey Brand damrein@DowneyBrand.com

Larenda Delaini Larenda deLaini Law larenda.delaini@gmail.com

BARRISTERS' CLUB OF SACRAMENTO DIVISION

Brandon Jack angius & terry LLP brandon.jack93@yahoo.com

SOLO/SMALL PRACTICE DIVISION

Brittany Berzin shimoda & rodriguez Law, Pc bberzin@shimodalaw.com

SCBA DELEGATION TO THE CONFERENCE OF CALIFORNIA BAR ASSOCIATIONS

Sean McCoy office of the attorney generaL sean.mccoy@doj.ca.gov

SACRAMENTO COUNTY BAR FOUNDATION

J. Edward Brooks gavriLov & Brooks ebrooks@gavrilovlaw.com

AFFILIATE ORGANIZATION REPRESENTATIVES

Capitol Pro Bono

Heather Tiffee caPitaL Pro Bono htiffee@capitalprobono.org

Asian/Pacific Bar Association

Jinnifer Pitcher dePartment of Justice jinniferpitcher@gmail.com

Capitol City Trial Lawyers Association

Daniel Glass

danieL s gLass, attorney at Law dsglawyer@gmail.com

Federal Bar Association

Victoria Boesch u s attorney's office eastern district

Leonard M. Friedman Bar Association

Eliezer Cohen gavriLov & Brooks ecohen@gavrilovlaw.com

Cruz Reynoso Bar Association

Brian Lopez LoPez Law firm Pc brian@lopezlegalservices.com

South Asian Bar Association

Lilly Mohanna mohanna deveLoPment co l_mohanna@u.pacific.edu

SacLegal Bar Assoc.

Annette Rose gordon & rees arose@grsm.com

J. Reuben Clark Society

Paul Hoybjerg hoyBJerg Law paul@hoybjerglaw.com

St. Thomas More Society Association

Angela Lai dePartment of managed heaLth care angela.lai@dmhc.ca.gov

Wiley Manuel Bar Association

Leon Dixson LegaL services of northern caLifornia ldixson@lsnc.net

Women Lawyers of Sacramento

Kathy Meola aaLrr kathryn.meola@aalrr.com

CA Lawyers for the Arts

VACANT

Paralegals Association

VACANT

Legal Secretaries Association

Dawn Willis downey Brand, LLP dwillis@downeybrand.com

Global Disputes: Lessons for Everyday Mediations and Mediators

By Judge Judy Holzer Hersher, Ret.

Law schools across the country have been holding conferences on geopolitical mediation, opening a window into conflict resolution that impacts thousands of lives and billions of dollars. It is incredibly difficult work done by exceptionally talented individuals and teams. It has been fascinating for me, a veteran trial judge and now mediator, to listen and learn from those who work weeks -- and sometimes months -to keep parties at the table, get past centuries-old stalemates, and reach workable resolutions.1

Importantly, the high-stake stories I heard—Greece and Turkey mediating dominion over islands in the Aegean; Israel and Lebanon arguing over the placement of an oil platform off their coast; China, Vietnam, Taiwan, Malaysia, and

the Philippines attempting to resolve concerns over 200-mile ocean economic zones and territorial islands — reaffirm basic mediation principles that help resolve difficult conflicts here at home. And increasingly, parties at any mediation table reflect different cultures, so the lessons learned from these disputes can and do carry over into today’s mediation practice.

Building a Solution Around the Real Problem

The first order of business in international dispute resolution is the same as in any local mediated case, a deep dive into the entire history of the dispute. This involves learning whatever you can prior to the mediation about the parties. It means listening, probing, listening again, and gaining trust so that

you understand, from each party’s perspective, what they have gone through, and where the emotional and political minefields lay so that resolution is possible.

International negotiators get their information from sophisticated briefings given by people steeped in the history and culture of the countries at issue. In domestic mediation, mediators get their

Judge Hersher retired after 20 years on the Sacramento County Superior Court trial bench and now mediates disputes, as well as handling arbitrations and discovery referee work, exclusively through Judicate West. She is the author of dozens of published articles on civil law, jury practice, and instructions, and is the co-author of Thomson Reuters California Civil Jury Instruction Companion Handbook, 2014-2018.

knowledge and information from a combination of pre-mediation conferences and (hopefully) quality briefs from the parties. These initial briefings between counsel and the mediator are just as important as the high-level briefings in international disputes. And while preparation is very important, neutrals also must be prepared to face social or emotional minefields that no one adequately addressed. Take, for example, a recent case involving a U.S. citizen and a Japanese family.

and deciding who should offer them. Compare how you react to the following two apologies: “I am sorry you were injured” or “I take full responsibility for the pain and suffering you have had and continue to experience. I should have been more careful with my words or actions. I will carry that regret and sadness forever and can only hope that you may someday forgive me.” The first regrets the event occurred, while the second reflects personal responsibility. When an apology is essential, it is important to learn and then match the words to the need of the injured party. Resources are available to help hone the craft of apology drafting. 3 The critical issue in the U.S. Naval Officer/Japanese family negotiation was an appropriate apology, and the mediators, if they did not do so, should have determined what was needed to satisfy the family.

World Problems Permeate Local Mediations

into the nature of the current misconduct, the Plaintiff needed me to understand the historical injuries she brought to the table. She needed me to understand where the trust and distrust lay, to acknowledge the cultural context in which the current conflict sat, and how the defendant’s actions had touched that historic contextual nerve. It was also important to know what “words” were important in any resolution that might be reached, and how to creatively build a solution recognizing the cultural differences that were undermining the employment relationship.

The Importance of An Appropriate Apology

A United States Navy officer driving with his family reportedly passed out at the wheel, killing two Japanese citizens. The officer admitted to a criminal charge of negligent driving, paid the family $1.6 million in restitution, and wrote a formal apology. He then was sentenced to several years in prison per Japanese law. The Navy reportedly is seeking an early release of the officer. Efforts to secure the release are stalled, in part, due to the victims’ family’s belief that the apology offered by the Naval officer -- the words chosen -- did not address the gravity of the tragedy he committed.2

While not all parties are willing to apologize in mediation or even find apologies important, others genuinely will. The critical issue is finding the right words to put in an apology given those before you

On the home front, in a recent United States sexual harassment and discrimination mediation case I oversaw, the key party (Plaintiff) and her immediate corporate supervisor (Defendant) were from different African tribes with a long history of conflict. Before getting

In another mediation involving a Chinese exporter and his Chinese American importer, cultural issues and community reputation were embedded in what initially appeared to be a straightforward contract dispute over quality control and compliance with United States Department of Agriculture regulations. It became clear that the allegations themselves implied that one party was dishonest and dishonorable, which if made more public would be devastating to their reputation in both countries with farmers and businesses. The mediated approach had to avoid insults and sullied reputation while working toward a solution.

Expect, Embrace, and Work Through Stalemate

Stalemates are frustrating for everyone everywhere. And nowhere are stalemates more prevalent than in international negotiations where the backdrop is hate, torture, and death.

Thousands of ongoing mediation efforts in Rwanda are a good example of mediating through pain and getting beyond stalemate. Beginning in 1994, over 800,000 Tutsi tribal members were massacred after three decades of ethnic tension with another tribe, the Hutu. After local courts tried the criminal cases, traditional local abunzi or mediation committees addressed the claims of victims and their families. These mediators skillfully, and from time to time with face-to-face discussions between the perpetrator and the victim, have been finding ways to move past stalemate and rebuild community. The emphasis has been on restoration of broken relationships, looking to the future, restitution, and forgiveness. The sessions often included family, clan, or community mem-

bers in deference to local culture. 4

Each country involved in international mediation and, by analogy, each party in local mediation has its list of goals and goal approaches to settle any dispute. Mediator skill comes into play in fleshing out the unstated goals and keeping the parties at the table, despite seemingly unresolvable conflicts. Importantly, if there is a cultural element in the room — be it tribal, historical, business, corporate, or personal -it must be acknowledged and addressed before movement beyond stalemate can occur.

Trust in the mediator, built up from the beginning of the process, is the essential ingredient to help parties verbalize, then visualize and achieve their ends. Parties need to trust that their neutral’s understanding of both the stated and unstated goals is insightful, credible, and genuine.

Parties may express that they “feel” their side is not being heard, that they are being unfairly leaned on, or are being constantly asked to reevaluate their position without understanding what the me-

diator is doing in the other room. These perceptions are just as real as the facts of the dispute. As frustrations mount, pulling the parties back from the brink of ending talks is accomplished by reinforcing the belief that you believe the process is working, that there is an opportunity for progress, perhaps asking, “What would it take for you to feel heard or fairly treated to accomplish an agreement?”

Even in local disputes, the parties may have differences in culture, race, gender, age, language, and social status that present the same hidden barriers to resolution as in international disputes. The key is to listen to the parties with sensitivity as to how they experience the dispute and bring that knowledge to the resolution table. Conflict and stalemate are part of the process, as are pauses and timeouts. These should not be viewed as failures. Expect, embrace, and patiently work through them. It may take more than one session. Be the trusted voice that rises above the discord.

1 See e.g., the newly updated International Dispute Settlement, 7th ed., by authors J.G. Merrills and Eric De Brabandere, (2022), published by Cambridge Press. It covers both legal and diplomatic ways to solve international disputes, including negotiation, mediation, inquiry, and conciliation, along with arbitration, and provides examples of each method.

2 See the February 23, 2023, New York Times article titled, “Navy Officer’s Sentence Complicates Diplomacy Between the U.S. and Japan.” The status of the negotiation is unknown at the time of publishing this article.

3 See, e.g., author Peter Rufo Robinson’s, Apology, Forgiveness, and Reconciliation, copyright 2019, ISBN: 978-0-692-9137-0. These and other examples of apology writing are included in various sections.

4 The word abunzi means “those who reconcile.” The abunzi are local mediators who are mandated by the state to reach mutually acceptable solutions. They number about 30,000. See Martha Mutisi, ACCORD Policy and Practice Brief, Oct. 2011, The Abunzi Mediation in Rwanda, Opportunities for Engaging with Traditional Institutions of Conflict Resolution, Issue No. 12, Oct. 2011.

It’s a regular Wednesday for Eastern District of California, Federal Judge Troy Nunley. After hearing arguments from the bench, he heads over to Lincoln Law School where dozens of second-year law students eagerly await his arrival. Since 2007, Judge Nunley has been a law professor teaching Business Associations and Corporations to the next generation of legal practitioners. He thoroughly enjoys teaching and mentoring.

Judge Nunley is a beloved member of the Sacramento community. A father of four, husband, mentor, and role model to members of both the bench and the bar, one must wonder where he draws his seemingly endless source of positive energy and patience. Those who come to know him are inspired by his consistency,

2023 Judge of the Year: Lifelong Public Servant, Hon. TROY NUNLEY

By Ryan Harrison, Sr.

reliability, and good nature. Sacramento attorney and past president of the Wiley Manuel Bar Association of Sacramento County (“WMBA”), Carmen-Nicole Cox, says about Judge Nunley, “I have always been inspired by Judge Nunley’s unabashed pride in culture, his willingness to show up for others, and his reliability as a mentor. His intelligence and temperament have made him a much-respected jurist.”

After graduating from Saint Mary’s College in 1986, Judge Nunley began his professional career as an employee of the State Bar of California. His work at the State Bar reaffirmed his lifelong desire to be an attorney, originally inspired by his mother’s work as a probation officer and the Perry Mason shows he watched with his grandmother.

He earned his juris doctor from UC Law San Francisco (formerly known as UC Hastings College of the Law) in 1990.

After becoming an attorney, Judge Nunley worked as a prosecutor for more than a decade. As a prosecutor, he sought to protect the citizens of our state through facilitating justice, fairness, and equity. He served as a deputy district attorney for the Alameda County District Attorney’s Office, the Sacramento County District Attorney’s Office, and deputy attorney general at the California State Department of Justice, Office of the Attorney General. Additionally, Judge Nunley had his own private law practice in the Bay Area, after leaving the Alameda County District Attorney’s Office.

In July 2002, Judge Nunley was

Ryan Harrison, Sr. – Ryan serves as the Immediate Past President of the Wiley Manuel Bar Association, and Board Member for the California Association of Black Lawyers. He is a senior attorney at Webber & Egbert Employment Law, P.C.

appointed by the Governor to be a judge in the Sacramento County Superior Court where he sat for eleven years until, in March 2013, President Barack Obama appointed him to the United States District Court for the Eastern District of California, where he currently sits. In 2024, Judge Nunley will become the Eastern District’s Chief Judge.

Judge Nunley’s elevation from State Bar employee to deputy district attorney, to deputy attorney general, to Superior Court judge and then federal judge, speaks to the positive impact he has made in enhancing our system of justice, and the positive regard his colleagues have for him. His innate ability to foster confidence in the rule of law and in our judicial system derives from his personal character, his faith in God, and his commitment to the rule of law.

Notable attorney Roger Dreyer, of Dreyer, Babich, Buccola, Wood, Campora, LLP, says of Judge Nunley, “He’s a very personable guy. He’s remarkably balanced in his personality. It’s a real bonus to lawyers to have someone like him on the bench. What I would say about him is that

he is a trial lawyers’ judge in that he was a trial lawyer, and he understands the demands, the pressures and the compression that goes along with that kind of work.” Dreyer appreciates that Judge Nunley “does not unnecessarily ramp up judicial pressure on lawyers; but Judge Nunley expects lawyers who appear before him to be prepared and know what they’re talking about.” “He will let you do your job.”

Judge Nunley is not just a good judicial officer. He has been mentoring, supporting, guiding, and developing attorneys for years. In addition to being a law school professor, he serves as the WMBA judicial mentor for law students attending both UC Davis School of Law and Lincoln Law School. In this role, students obtain direct access to him so they can receive encouragement and guidance as they navigate the travails of law school and the State Bar candidate process.

Judge Nunley also commits his time to speak to and mentor California Department of Justice interns, and CalEPA interns. He participated in the District Attorney’s Office Informal Diversity Talk and

he is involved with UC Davis Culture Week. He also participates in the yearly Operation Protect and Defend Dialog on America Program. Judge Nunley is an annual speaker for the Sacramento County Bar Association’s (“SCBA”) Diversity Fellowship and Sacramento Legal Secretaries Association Federal Day in Court Programs. Judge Nunley also has participated as the final judge in the UC Davis School of Law Martin Luther King Jr. Civil Rights Trial Competition.

One recent significant contribution toward law student development made by Judge Nunley will be felt for many future generations. In 2022, Judge Nunley served with me on an ad hoc committee established by the California Association of Black Lawyers purposed with securing notable recognition of California’s first black associate Supreme Court justice, Justice Wiley W. Manuel, at UC Law San Francisco. Judge Nunley’s pragmatic guidance facilitated the ad hoc committee’s work which ultimately resulted in the law school dedicating an 11,000 square foot state-of-the-art schol-

Judge Nunley with his mom, stepfather and siblings.

Judge Nunley and wife Susan at the White House after meeting President Barack Obama and Vice President Joe Biden.

arly publications center in Justice Manuel’s honor. Once this center is built to completion in 2024, law students will study jurisprudence in the Wiley W. Manuel Scholarly Publications Center in part because of Judge Nunley. The Wiley W. Manuel Scholarly Publications Center will serve as a reminder to law students at the school that the legal field is for people of all ethnic backgrounds; and that, through their commitment to hard work and rigorous academic study, they can earn their position at the highest levels of achievement in law.

Judge Nunley has encouraged attorneys and law students to achieve despite the adversity they face. Having grown up in the Hunter’s Point neighborhood of San Francisco, and having overcome his own personal adversities, Judge Nunley’s advice and example to similarly situated law students and young attorneys is credible and true. Furthermore, his experience has made him sincere. According to Dreyer, Judge Nunley “does not do well with people who try to dance and not respond directly to his questions. The best way to deal with Judge Nunley is straight up, tell him the truth, be prepared and respectful. He’s the kind of judge who makes

you want to be in his court.”

Prominent civil rights attorney Justin Ward credits Judge Nunley with helping him and many other attorneys throughout the greater Sacramento area to improve in their craft through his mentorship and friendship. “He is always willing to give advice on anything that you might need help with. I know that there are many attorneys, including myself, who truly value the wisdom and knowledge we have received from Judge Nunley over the years.”

Indeed, Judge Nunley has embodied a conspicuous legal paragon to emulate as we navigate

our own careers. For many of us, he is the prototype of excellence for judicial officers.

Outside of his role as a judicial officer, Judge Nunley has committed himself to selfless service in the community. He maximizes his impact through board service on many organizations. His board service includes Advisory Board Member, Paralegal Program, MTI College (2004-Present); Board of Directors, Natomas Pacific Pathways Preparatory Charter School (2010-Present); Board of Directors, St. Patrick’s Succeed Academy (2009-Present); President, St. Francis Elementary School Parent Club (2006-2010); Board of Directors, Woodland Gymnastics (20002003); President, St. Francis Elementary School Board (1999-2001); Board of Directors for Jesuit High School (2017-2023). Judge Nunley also serves on the Hate Crimes Task Force and the Catholic Diocesan Anti Racism Task Group.

Judge Nunley’s body of work is inspirational, and I speak for many attorneys who are excited to celebrate his recognition. I am proud to join Carmen-Nicole Cox who says, “I am grateful to call Judge Nunley a friend. He is beyond deserving of the SCBA Judge of the Year Award.”

Judge Nunley, his wife Susan, and kids.

Judge Nunley at the United States Supreme Court with Justice Stephen Breyer and United States Senior District Judge Charles Breyer.

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EXCELLENCE: The Bench Bar Reception and Judge of the Year Award

By Angelina Ray and Connor Olson

The legal community came together in grand and celebratory fashion at the highly anticipated Bench Bar Reception, an annual event that recognizes the outstanding contributions of our judges. Among the evening’s

highlights was the presentation of the prestigious Judge of the Year award to Judge Troy Nunley. Setting the Stage. The Bench Bar Reception, held at the Hyatt Regency in downtown Sacramento, created a vibrant atmosphere where more than four hundred lawyers, judges, justices, and other legal professionals gathered to commemorate the exceptional achievements of our esteemed judiciary. The event, meticulously organized by the Sacramento County Bar Association, brought together the legal community in a spirit of camaraderie, legal excellence, and celebration.

Celebrating Excellence. The heart of the Bench Bar Reception is the

Judge of the Year award, a prestigious accolade that recognizes a judge’s exceptional dedication, wisdom, and impact on our Sacramento legal community. This award is a testament to the importance of judicial excellence and acknowledges the crucial role judges play in our society. The award not only serves to honor the recipient but also inspires others to strive for excellence and fosters a culture of continuous improvement within our legal profession.

The Honoree and his Contributions. Judge Nunley was celebrated for his exemplary service and long-demonstrated commitment to justice. Known for his diverse work in the legal field, Judge Nunley has consistently demonstrated a profound dedication to upholding the principles of justice. His

SCBA Board Members Jennifer Mouzis and Leon Dixon.

Hon. Troy Nunley

Cheyanne Anquoe (Arnold Law Firm), Ruby Bitzer (Weintraub Tobin), Bianca Marentes, Kelly Robinson (Arnold Law Firm).

Angelina Ray – 2023 SCBA Treasurer. Connor Olson – 2023 SCBA Vice President.

tireless efforts and impact on the community have left an indelible mark and serves as an inspiration to us all. Significantly, Judge Nunley has dedicated his professional career to enhancing our system of Justice, from the time he graduated from UC Hastings College of Law in 1990 to and through his professional career and as a member of the California State Bar. He has worked tirelessly as a mentor, support, and guide for developing attorneys. He has served as a judicial mentor for law students and works to ensure access to justice and diversity within the state bar. Judge Nunley is widely respected for his legal prowess and his reputation for fair and equitable administration of Justice as a widely respected member of the Federal Bench. Beyond this he makes it a priority to serve the Sacramento Community and provide meaningful and tireless community service efforts serving on various local boards. He is not only an asset to our Bar and Bench but to our community as a whole.

Reflections on the Event. The Bench Bar Reception provided attendees with a unique opportunity to come together outside the courtroom, fostering a sense of unity

and collaboration. During the cocktail hour, attendees were able to enjoy an array of cuisines and drinks and engage in meaningful conversations, network, and forge connections. Attendees were also entertained by remarks from Judge Nunley, his family, and colleagues, finishing the evening with an ardent rendition of Happy Birthday for Judge Nunley from all attendees who were honored to be among those celebrating his birthday that evening. The event served as a reminder that while we work diligently in the pursuit of justice, we can also find moments of celebration and connection to strengthen our bonds as a legal community.

Looking Ahead. As the Bench Bar Reception came to a close, the legal community left with a renewed sense of purpose and a commitment to upholding the highest standards of justice and professionalism. In the words of Judge Nunley: And for those reasons, and mov-

ing forward, it is essential for us as legal professionals to continue celebrating excellence, supporting the judiciary, and working collectively to strengthen the legal system for the benefit of all.

Conclusion. Through events like these, we not only acknowledge the remarkable achievements of our judges but also foster a sense of unity and collaboration within our legal community. As we reflect on the event and look ahead, let us remember the importance of recognizing and celebrating excellence in our legal system, inspiring generations of legal professionals to strive for greatness, and upholding the principles of justice for a brighter future.

Hon. Stacy Boulware-Eurie (3DC) and Hon. Shama Hakim Mesiwala (3DC).

Hon. Russell Hom (Ret.), Rebecca Hoefer (Judicate West), Angela Lamarre (Judicate West) and Rosemarie Drohan (Judicate West).

Hon. Heather Rowan (Office of Administrative Hearings), Andrew W. Stroud (Hanson Bridgett) and Lexi P. Howard (Legal Affairs Office, Cal. Sec. of State).

2023 SCBA Bench Bar Reception

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Thank You to Our Sponsors: PLATINUM

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BOUNTY OF BEVERAGES Bar Sponsor

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Andi Liebenbaum

Angelo, Kilday & Kilduff

Appellate Law Section

Asian/Pacific Bar Association

Atkinson, Andelson, Loya, Ruud & Romo

Best Best & Krieger LLP

California Lawyers Association

Delfino Madden O’Malley Coyle Koewler

DSR Health Law

Duggan McHugh Law Corporation

Healthcare Law Section

SILVER

Korshak, Kracoff, Kong & Sugano LLP

BRONZE

Huseby Global Litigation

Larenda Delaini Law

Law Office of Stephanie J. Finelli

LEAP Legal Software

Leonard M. Friedman Bar Association

Martenson, Hasbrouck & Simon, LLP

Mastagni Holstedt

OnDemand Legal, Inc.

Orrick, Herrington & Sutcliffe LLP

OurFamilyWizard

Pacem Tempestate Law, APC

Public Law Section

SCBA Solo Small Practice Division

Sean McCoy

Shimoda & Rodriguez Law, PC

Signature Resolution

St. Thomas More Society of Sacramento

Telfer Law - Law Offices of Jill P. Telfer

Trust Properties USA

UC Davis School of Law

Wiley Manuel Bar Association / The Ward Firm

Yolo Conflict Resolution Center

Affiliates Promoting Ethics, Civility, and Professionalism

By Audrey Perry Martin

Legal professionals from around the Sacramento area gathered at The Old Spaghetti Factory in Roseville in April to hear from Hon. Kevin Culhane (Ret.) on Ethics, Civility, and Professionalism in the Practice of Law. The event was jointly sponsored by the Sacramento St. Thomas More Society, the Sacramento J. Reuben Clark Law Society, and the Sacramento BYU Management Society.

During the event, Judge Culhane shared his thoughts on professionalism and ethics, drawing from his extensive experience practicing law and serving as a judge. He highlighted the fact that the rules of professional conduct prescribe what a lawyer must not do but don’t offer much guidance on what they should do. He emphasized the importance of lawyers getting

involved in their communities, finding objectives to aspire to, and contributing to society in meaningful ways.

“If you want to develop the clientele and work on cases you want to, you don’t belong [in the office] on a Saturday. Go teach a class, write a book, get elected to the Board of Governors, become the president of Women in Law. Find something that will keep you from becoming a legal technician… You do that, you’ll get the clients you want,” Judge Culhane said.

He also discussed the importance of emotional intelligence and being accountable for mistakes. Judge Culhane stated that professionals who display emotional intelligence can moderate their responses to challenges and that accountability is key in the legal profession.

Audrey Perry Martin is a partner at Vantage Legal. She is a political law attorney and has worked on several presidential campaigns, for Congress at the Federal Election Commission, and at private law firms in Washington, D.C. and California. Ms. Perry Martin has taught election law at Brigham Young University law school and is the founder of Project Elect, a nonprofit focused on getting women involved in public service.

The judge emphasized that lawyers should have a vision of what the legal system can be, what is important, and what is not. Even if they disagree with someone on a case, they need to have a sense of proportion about what is truly

Judge Culhane on the importance of accountability, “Fix what you break."

important. Judge Culhane went on to address the current state of the legal system and the attacks it faces in the media, stating that the judiciary and legal system are under attack. He discussed how judges and courts are being discussed in public as political and that many believe the outcomes of cases are predictable based on who appointed the judge.

“The major disciplinary cases around the country for attorney discipline have been around elections. That is what the students are seeing,” Judge Culhane stated.

The event was well attended, with legal professionals from various firms and organizations in attendance. Attendees found the judge’s insights and experiences valuable and informative, offering a timely perspective on the practice of law and the legal system.

“Taking the time to gather and contemplate ethics is a core value of STMS, and Judge Culhane’s experiences and focus on keeping

things in proportion provided a fantastic grounding,” said Sacramento St. Thomas More Society

Recording Secretary Heather Hoganson .

The joint sponsorship of the Sacramento St. Thomas More Society, the Sacramento J. Reuben Clark Law Society, and the Sacramento BYU Management Society have been a great collaboration through the 15 years of events they have co-hosted. This annual event brings together legal professionals from different organizations to learn from one another and gain a deeper understanding of the legal system.

The challenges facing the legal profession today are significant, and events like this are essential in addressing those challenges. As Judge Culhane highlighted, the legal profession needs to find solutions to ensure that young people continue to consider and aspire to the law. Events like this provide a

platform for legal professionals to come together, share their experiences, and work towards building a better legal system for all.

Judge Culhane is a well-respected mediator, arbitrator, and referee at JAMS, a leading provider of alternative dispute resolution services. Before joining JAMS, he served as a judge in the Sacramento Superior Court for 13 years, handling civil trials, civil law and motion, family law, and probate. He was the Sacramento Superior Court Presiding Judge for 20162017 and SCBA Judge of the Year in 2017.

Information about upcoming STMS events, including its annual Feast Day Celebration at Cristo Rey on June 22, can be found at https://www.sacstms.org/ events. Information about upcoming JRCLS and BYU Management Society events can be found at https://byums.byu.edu/us-sacramento/.

Courtly Jubilee Celebrates Judge Callahan’s 20 Years on the Ninth Circuit

By Brendan J. Begley

King Charles’ Coronation in London was not the only earthly place that exhibited majestic pageantry on May 6, 2023. On this side of the Atlantic Ocean, over 100 guests donning formalwear gathered that evening at the elegant Wine & Roses hotel and restaurant in Lodi, California, for a jubilee to celebrate a prodigious milestone. Specifically, they came together to cheer the Hon. Consuelo M. “Connie” Callahan for laudably serving for 20 years as an active judge on the U.S. Circuit Court of Appeals for the Ninth Circuit.

It may have been one of the first events of its kind that Judge Cal-

lahan did not know about beforehand. That was no accident, since her former law clerks who planned the fete collaborated with her husband, Randy, to make it a surprise party.

Randy reportedly told Judge Callahan to wear something “extra, extra special” (the extra “extra” likely being needed given her acclaim as a fashion maven who is always fabulously dressed). He allegedly persuaded her that such apparel was in order because he was taking her “to a nice restaurant to see an opera singer.” His ruse turned out to be true, as one of Judge Callahan’s former clerks, Courtney L. Daniels

(California Department of Tax and Fee Administration), is a trained opera singer who, accompanied by a piano and bass duo, serenaded the crowd with a heart-stirring melody.

“I am just so overwhelmed and grateful to all of you for this,” Judge Callahan effusively told her guests. “Some of you came from so far and, I mean, who comes back after 20 years,” she observed, seemingly referencing three of her four inaugural law clerks from 2003-2004 who attended. One of her inaugural clerks, Stephen D. Robinson (U.S. Securities & Exchange Commission), traveled from Washing-

Brendan J. Begley spearheads the Civil Writs and Appeals section and practices civil, employment and antiSLAPP litigation at Weintraub Tobin. He can be contacted at bbegley@ weintraub.com.

Judge Callahan (standing L) and guests (seated) are serenaded by former law clerk Courtney L. Daniels (standing R) with piano and bass accompaniment.

Photos by Brendan J. Begley

ton, DC. Likewise, other former law clerks and externs who served in her chambers during subsequent years came from places throughout California and as distant as Florida and New Jersey.

While quite numerous, the honoree’s former clerks and externs were not alone in springing the big surprise. Members of Judge Callahan’s family came from out of town to await her unsuspecting arrival at the ornate ballroom, including her sister, son, daughter and niece. Once everyone was seated for dinner, the Rev. John J. M. Foster (of the Roman Catholic Diocese of Stockton) delivered an invocation and prayed for Judge Callahan’s continued good health, wisdom and mercy.

Some of the many ways that Judge Callahan has exemplified the traits of wisdom and mercy for decades as a careful, no-nonsense jurist were outlined in presentations delivered by two of her former clerks, James S. “Jimmy” Azadian (Dykema Gossett PLLC, Los Angeles, CA) and Leah Spero (Spero Law Office, San Francisco, CA). They reminded attendees of the telling quips that Judge Callahan would occasionally repeat in chambers.

For example, they recounted Judge Callahan’s inclination both to recite and adhere to something a former colleague once told her: “Nobody is as bad as the worst thing they’ve ever done.” Many of her clerks and externs noted that, while being merciful, the honored judge has a solid reputation for holding those who appear before her accountable in the proper measure for the things they’ve done.

Prominent Stockton trial attorney Albert M. “Al” Ellis (Hakeem Ellis & Marengo), a longtime friend of Judge Callahan and her family, gave a moving tribute to her. Having spoken publicly at Judge Cal-

lahan’s Ninth Circuit investiture in 2003, Mr. Ellis commented on how she was then and consistently remains a credit to the judiciary, a dear friend, and a wonderful human being.

Judge Callahan’s warm, playful and fun-loving side – and her exquisite fashion sense and skillful dance moves – did not remain sequestered in chambers but were on full display that evening. Standing before the crowd in her shimmering outfit, she confessed to counseling her clerks and externs on

various occasions that they “can be smart and still wear great shoes!” Then she and her husband took a dazzling turn on the dance floor.

The committee of former clerks who organized the surprise shindig was spearheaded by Mr. Azadian and Ms. Spero. It additionally included Michele M. Beckwith (U.S. Attorney’s Office), Teri L. Block (California State Personnel Board), Scott Cameron (Weintraub Tobin), Jinnifer Pitcher (California Department of Justice), and the author of this article. Scores of other former clerks and externs (too numerous to name) made substantial supplementary contributions to the celebration.

An impressive array of dignitaries was on hand that night, including the Hon. Morrison C. England, Jr. (U.S. District Judge for the Eastern District of California), former U.S. Attorney for the Eastern District of California McGregor W. “Greg” Scott (King & Spalding), the Hon. Shama Hakim Mesiwala (California Court of Appeal, Third Appellate District), the Hon. Erin Guy Castillo and the Hon. Barbara

Judge Callahan and her husband, Randy, shaking a leg at the festivities.

Former law clerks of Judge Callahan who continue to practice in Sacramento include (L-R) Brendan J. Begley (Weintraub Tobin), Michele M. Beckwith (U.S. Attorney’s Office), Roger Yang (U.S. Attorney’s Office), Nirav Kaushik Desai (U.S. Attorney’s Office), Avalon Johnson Fitzgerald (Reynolds Tilbury Woodward LLP), Scott Cameron (Weintraub Tobin), and Jinnifer Pitcher (California Department of Justice); others not appearing in this photo include Teri L. Block (California State Personnel Board) and Courtney L. Daniels (California Department of Tax and Fee Administration).

Kronlund (San Joaquin County Superior Court), San Joaquin County District Attorney Ron Freitas, University of the Pacific (“UOP”) Regent Dr. Virginia Chan, former UOP Regent Dr. Tony Chan, and UOP President Christopher Callahan

Notably, U.S. Supreme Court Justice Clarence Thomas sent a special letter that Mr. Azadian read to Judge Callahan and the crowd. In that letter, Justice Thomas congratulated Judge Callahan on her milestone.

Likewise, video-recorded messages were played from two of Judge Callahan’s federal-court colleagues who could not attend in person. The Ninth Circuit’s chief judge, the Hon. Mary H. Murguia, conveyed what a wonderful colleague she has found in Judge Callahan. At the same time, the Hon. Richard C. Tallman, who was appointed to the Ninth Circuit shortly before Judge Callahan, recalled his joy in helping her to become acquainted with the federal appellate court two decades ago.

Before being appointed to the Ninth Circuit by then U.S. President George H.W. Bush and confirmed

unanimously by the U.S. Senate in 2003, Judge Callahan had served for seven years as an associate justice at the California Court of Appeal for the Third Appellate District. Thus, it was fitting that the former presiding justice of that court, the Hon. Arthur G. Scotland (ret.), also appeared via a recorded video clip to offer a heartfelt toast thanking her for their long friendship and for her stellar judicial service.

“Not only are you a respected [federal] circuit judge, you were admired as a skilled trial judge and Court of Appeal justice in the state of California,” Justice Scotland happily recounted. “And your contributions to the rule of law extend beyond the bench, as you have been an inspirational mentor to many law students and young attorneys who have benefited greatly from your wisdom and advice.”

From all this, coupled with other details from her background, it would seem that Judge Callahan was born to be a high-sitting judge. Her legal career started (after graduating from UOP’s McGeorge School of Law) as a deputy city attorney for the City of Stockton. From there, she became a prose-

cutor for over 10 years at the San Joaquin District Attorney’s Office. She then ascended to the bench as a commissioner for the Stockton Municipal Court and was elevated to the position of judge on the San Joaquin County Superior Court. Multiple attendees that evening observed that Judge Callahan has moved through it all with the grace of the dancer she is, demonstrating a commitment to justice, an exceptional work ethic, community mindedness and delightful collegiality. She is renowned for adding her own special flair of expecting high standards and obtaining them through firm and clear direction in tandem with warmth and kindness.

It is fair to conclude that all the guests – as well as so many of Judge Callahan’s family members, friends and former and current colleagues who could not be there that evening – were both pleased and inspired by her many successes and well-deserved accolades. Paraphrasing the traditional sentiment proclaimed at the coronation in England earlier that day, some guests earnestly implored, “Long live Judge Callahan!”

Sacramento legal luminaries on hand to cheer Judge Callahan include (L-R) the Hon. Morrison C. England, Jr. (U.S. District Court, Eastern District of California), the Hon. Shama Hakim Mesiwala (California Court of Appeal, Third Appellate District), and former U.S. Attorney for the Eastern District of California McGregor W. “Greg” Scott (King & Spalding, Sacramento).

Three of Judge Callahan’s four inaugural Ninth Circuit law clerks cheer her milestone; namely, (L-R) Stephen D. Robinson (U.S. Securities & Exchange Commission, Washington, DC), Richard G. Schickele (U.S. Court of Appeals, Sacramento, CA), and Brendan J. Begley (Weintraub Tobin, Sacramento, CA).