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Karen Goodman 2022 SCBA Nancy Sheehan Distinguished Attorney of the Year

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Thank You

By Bryan Hawkins

Iwant to take this opportunity to again thank the Sacramento County Bar Association’s members, and to communicate how much of an honor it was to act as the Association’s President during 2022.

Prior to the SCBA’s Bench Bar Reception earlier in 2022, the Association’s last in-person event occurred in 2020. During the intervening two years, the Association

lost an Executive Director and several staff members and there were legitimate questions regarding the Association’s continued existence.

To go from that point to standing on a stage in front of a room filled with my peers and colleagues and in front of multiple judges and justices was an unforgettable experience and demonstrates both how far the Association has come and the tenacity of everyone involved.

Looking to the future, I am eager to see what comes next. Whether it be the next Bench Bar Reception, Evening with the Mayors, Annual Meeting, or events that have yet to be imagined, I am optimistic that the SCBA will continue to play a key role in this region.

Thank you again for allowing me to be your President. I promise not to be a stranger.

Bryan Hawkins ,President, Sacramento County Bar Association

(L-R) Justice Stacy Boulware-Eurie (seated); Bryan Hawkins receives SCBA Outgoing President's Award from Andi Liebenbaum, 2023 SCBA President.

KAREN GOODMAN

Receives the “Nancy Sheehan Distinguished Attorney of the Year” Award

By Ellen Arabian-Lee

Each year, the SCBA Board reviews nominations submitted by Sacramento attorneys and judges and selects one individual to receive the “Nancy Sheehan Distinguished Attorney of the Year” award. In 2022, the SCBA selected Karen Goodman of Goodman Law Corporation to receive this award. Karen was honored by several hundred colleagues and judicial officers at SCBA's Annual Meting on December 7.

The more you learn about Karen, the easier it is to understand why she exceeds all the eligibility criteria for this award. The Nancy Sheehan Distinguished Attorney of the Year Award is presented to a lawyer who most exemplifies the best

Ellen Arabian-Lee is the magazine’s Editor-in-Chief and the owner of Arabian-Lee Law Corporation in Roseville, a civil litigation firm with an emphasis on employment law matters.

qualities in the legal profession and who, through the practice of law, has made Sacramento a better place to live and work. Karen embodies all of these characteristics.

Karen grew-up in what she calls “the country”, in Sheldon, and she is the oldest of six children. Karen is well-known for having mastered the work-life balance that is so challenging for most attorneys. Karen is married and has one son, who is also an attorney. Somehow, Karen manages a busy law practice, runs several miles every day with her chocolate lab ("Choco"), regularly plays golf, participates in family functions, loves watching baseball (especially the San Diego Padres), and has served as

the President of three bar organizations during her career – Women Lawyers of Sacramento, California Women Lawyers, and ABOTA’s Sacramento Valley Chapter. Karen also was a Barrister member of the Anthony M. Kennedy Inn of Court and chaired the Committee of Bar Examiners, State Bar Task Force and served on the ABA’s Solo Litigation Committee. Currently, Karen serves on the Sacramento County Presiding Judge's Civil Advisory Committee, dedicated to improving communication and sharing ideas among the leaders of the Sacramento legal community and the Sacramento County Judicial Officers and Court Leadership.

Karen is recognized as a fierce litigation opponent and an ethics expert among her peers. A Martindale-Hubbell “AV” peer rated attorney, Karen is also a recipient of the prestigious “Frances Newell Carr Award” (2009) and the Sondheim Ethics Award (2016). As if she's not doing enough, she just completed five trials in 2022.

How does she do it? Karen’s colleagues point to Karen’s tireless energy and passion for the law. Karen was a business major in college and one of her professors suggested that

she get her law degree so that she could ultimately work for herself, rather than someone else. Karen was initially uncertain whether being a lawyer would be a good fit for her, but she agreed to “try” law school to see if she liked it. She worked during her first year at USF School of Law and attended classes at night. Not surprisingly, Karen did really well during her first year and told herself, “I think I can do this.” She was then off and running towards a very successful legal career.

At 25, Karen received a job right out of law school at Weintraub where she tried cases through a new

attorney program at the District Attorney’s office. Karen discovered early on that she really liked trials. Karen went on to Murphy Pearson Bradley and Feeney, where she was allowed to have direct contact with clients and handle her own cases, which she loved. Karen admits that she likes the challenge of “fighting and conflict” in lawsuits, and she learned early on that adversity in litigation did not phase her.

Karen frequently was underestimated as a litigator, and she found it somewhat entertaining to surprise her opponents with her tenacity as a young female lawyer. Karen’s practice as a professional liability defense attorney was molded at Murphy Pearson, and Karen found it rewarding to solve her client’s problems. Karen recalls a particular challenge she faced during a trial while at BullivantMurphy Pearson, while she was pregnant with her son, Cameron. Karen asked for a trial continuance, which was denied by the judge. Karen tried the case (very pregnant) and gave birth in the middle of the trial. Another attorney at Bullivant finished the case for Karen. In what amounted to a career-altering decision, Karen left Murphy Pearson while she was

Karen and her husband, John Goodman, on the golf course at Mana Kea.

Karen and her son, Cameron Goodman, at his law school graduation.

"Karen is known throughout the region as an outstanding lawyer who gives generously of her time, skills, and talents to the legal profession and the community."

Hon. Emily E. Vasquez (Ret.)

and employment.

Karen wants new attorneys to know that being a lawyer is a great profession and advises new lawyers to “discover what areas of law you’re good at and do it.” Other words of wisdom to new attorneys include “sharpen your skills” and the famous adage, “be kind to everyone on the way up; you’ll meet the same people on the way down.” Karen encourages new at-

McElroy, a longtime friend and colleague of Karen, concurs: “Karen has worked tirelessly to help others and to improve the legal system. Based on all of Karen’s accomplishments and her longtime dedication to many legal organizations benefiting the Sacramento legal community, she is an extremely deserving nominee.”

Hon. David I. Brown (Ret.) first got to know Karen about 20 years

ago, when they were co-counsel in a case in Butte County. They became fast friends during the trial and would jog together in Bidwell Park after court. According to Judge Brown, Karen “was well prepared and collegial.” “Karen has always given of herself. She thinks of others before herself and has always been involved in the rights of others. We served on the Executive Board of ABOTA together in more recent years and she was a tireless advocate of civility and professionalism in the field of law, as well as the advancement of women particularly. She is a great golfer, and very kind to me when we play to-

Emily E. Vasquez (Ret.), who has worked with and personally observed Karen for the past 30 years in several professional capacities, notes that “Karen is known throughout the region as an outstanding lawyer who gives generously of her time, skills, and talents to the legal profession and the community.” Judge Vasquez further observes that “Karen is blessed with an abundance of common sense and common courtesy” and “has effectively represented her clients, earning the respect of judges, attorneys, and witnesses while performing her duties.” Like others, Judge Vasquez mentions Karen’s “inexhaustible energy.” Judge Vasquez is particularly impressed by Karen’s “eloquence, professionalism, and hard work ethic.” “She works tirelessly in promoting diversity in the legal profession and the judiciary, and her input is invaluable.”

Hon. Shama Hakim Mesiwala met Karen about 15 years ago through Women Lawyers of Sacramento. Judge Mesiwala observes that Karen has helped promote excellence and civility through her leadership positions in organizations like ABOTA, which “led the charge in the civil bar to become

Judge (ret.) Emily Vasquez, Chief Justice (ret.) Ronald George, and Karen Goodman at the 2007 CWL swearing in ceremony.

“Karen is always very clear and is not afraid to swing for the fences when she has a point or argument to make!”

Hon. Brian R. Van Camp (Ret.)

more diverse and inclusive.” In particular, as President of ABOTA, Karen “created programs that encouraged civil attorneys who had decades of practice experience to broaden their thinking to include at oral argument and in the trial chairs the newer lawyers at their firms, who were often women and people of color and who were the ones writing the trial briefs and motions.”

Justice Arthur Scotland (Ret.) notes Karen’s service as chair of the ABOTA Sacramento Valley Chapter’s Diversity Committee, of which Justice Scotland is a member. “Her leadership of the Diversity Committee has demonstrated her commitment to enhancing diversity and inclusion in law firms, legal organizations, and other law-related matters. This has been Karen’s long-held goal as reflected by the fact that she served on the Diversity Committee of the National Conference of Bar Examiners in 20172018. Simply stated, Karen has distinguished herself as a brilliant and ethical lawyer, a mentor to many, and a person with a long history of community service that has helped make Sacramento a better place in which to work and live.”

Hon. David W. Abbott (Ret.) served with Karen on the executive committee of ABOTA for several years, and they worked together on various educational presentations to the legal community emphasizing civility, ethics, substance abuse, diversity and inclusion, and trial and evidence skills. “Karen has been an enthusiastic participant in the planning and presentation of these programs. Similarly, she has served as a panelist, presenter and moderator on numerous bar association programs addressing civility, ethics, professionalism, and diversity.”

Similarly, Karen’s colleague of over 30 years, Letty Litchfield of

Law Offices of Letty Litchfield, has worked with Karen on several projects and committees aimed at educating trial attorneys and the public. “Karen and I participated together as panelists in ABOTA’s Masters in Trial program in 2014, and in 2020, we served as cochairs of the Chapter’s Diversity Committee. Thus, I have personally witnessed Karen’s character for, and willingness to share her knowledge and skills with our legal community, and to strive for greater diversity of, and equity for its members.”

Hon. Brian R. Van Camp (Ret.) first met Karen through Women Lawyers of Sacramento about 25 years ago, and later observed her during several jury trials in his courtroom. According to Judge Van Camp, Karen “is one of the most hard-working lawyers we have in the County – and beyond, if you include her California Women Lawyers service. First, she’s a terrific advocate – bright, articulate and devoted to her clients. Second, she’s generous and energetic on behalf of causes she cares about. Nonetheless, she maintains a great life-balance with her family, especially guiding her son through school and his own law career.” Judge Van Camp also observes that

“Karen is always very clear and is not afraid to swing for the fences when she has a point or argument to make!”

Steve Gurnee, of Gurnee, Mason, Rushford, Bonotto & Forestiere, LLP, met Karen at Murphy Pearson and then got to know her better in ABOTA. Steve calls Karen a “tough as nails dynamo” who

Hon. David W. Abbott (Ret.)

Karen enjoying a day of golf with ABOTA and her playing partners Kristin Kelleher-Wong, Shannon Zajac and Judge Cecily Bond (ret.).

“Karen has been an enthusiastic participant in the planning and presentation of these programs. Similarly, she has served as a panelist, presenter and moderator on numerous bar association programs addressing civility, ethics, professionalism, and diversity.”

works very hard. Steve says, “Karen is a doer” and “you know that if Karen agrees to do something, she will get it done right.” “Karen is absolutely someone you want in a professional organization.” “Karen is very deserving of this award.”

Dominique Pollara, of Pollara Law Group, who met Karen about 10 years ago through the ABOTA Sacramento Valley Chapter, observes: “Karen is an amazing advocate dedicated to her clients and to the profession. She is one of the

hardest working people I know, extremely talented and fearless, and she has a great sense of humor.”

The Sacramento legal community has been very fortunate to have Karen as a member for over 30 years. Her service to the community, collegiality, follow-through, intelligence, passion for diversity, and mere presence have made the Sacramento area a better place to practice law. Well-done Karen!

Karen and her son (Cameron Goodman), and daughter-in-law (Alysia Catherine) at the Run to Feed the Hungry 29k race.

Karen and her husband (John Goodman), son (Cameron Goodman), and daughter-in-law (Alysia Catherine) at her son's backyard wedding.

2023 Judge of the Year Nomination Form

PAST JUDGES OF THE YEAR

2022 Hon. Lawrence G. Brown

2021 Hon. Russell L. Hom

2020 Hon. Stacy Boulware Eurie

2019 Hon. Emily E. Vasquez

2018 Hon. Richard K. Sueyoshi

2017 Hon. Kevin R. Culhane

2016 Hon. David Abbott

2015 Hon. Robert C. Hight

2014 Hon. Vance W. Raye

2013 Hon. Laurie Earl

2012 Hon. Judy Holzer Hersher

2011 Hon. David De Alba

2010 Hon. Kimberly Mueller

2009 Hon. James M. Mize

2008 Hon. Loren McMaster

2007 Hon. Morrison C. England Jr.

2006 Hon. Consuelo M. Callahan

2005 Hon. Michael Virga

2004 Hon. Arthur Scotland

2003 Hon. Michael Garcia

2002 Hon. Ronald Robie

2001 Hon. Richard Park

2000 Hon. John Lewis

1999 Hon. Thomas Cecil

1998 Hon. James Long

1997 Hon. Fred Morrison

1996 Hon. William Ridgeway

1995 Hon. Charles Kobayashi

1994 Hon. Roger Warren

1993 Hon. Loren Dahl

1992 Hon. James Ford

1991 Hon. Rudolph Loncke

1990 Hon. Milton Schwartz

1989 Hon. Joseph De Cristoforo

1988 Hon. Cecily Bond

Welcome to the 2023 Judge of the Year Nomination process. We appreciate your participation.

NOTE: The nomination form has changed. Please use THIS FORM for your nomination.

Please fill out this form entirely. You may hand-deliver, mail, or email the completed form and any supporting materials. Nominations will be considered from individuals, firms, associations, and clubs. Self-nominations will not be considered.

Eligibility Criteria

In the documents you submit, please demonstrate that the candidate you are nominating is:

• Committed to enhancing our system of justice. This includes (but is not limited to) mentoring, supporting, and/or guiding attorneys and, as appropriate, litigants who appear before the nominee in court.

• Known for fair and equitable administration of the court. This includes (but is not limited to) learning new technologies and processes available to the courts, and employing those technologies to benefit litigants and other court users.

• Respected for legal abilities by fellow judicial officers and attor neys. This includes (but is not limited to) the nominee’s demonstrated expertise in the legal practice areas in the court where the nominee presides, and the nominee’s ongoing commitment to remaining current with changes in the law.

• Recognized for appropriate demeanor and lack of bias. This includes (but is not limited to) how the nominee addresses counsel and litigants, and the nominee’s behavior with difficult counsel or litigants.

Please also describe, to the extent appropriate, the nominee’s service to and in the Sacramento community, including but not limited to service outside the justice/legal system.

Please submit this completed Nomination Form as follows:

• via email to LarryDoyle@sacbar.org

• via mail or hand delivery to 8928 Volunteer Lane, Suite 250, Sacramento, CA 95826

The deadline for nominations is 5:00 PM Friday, March 3, 2022. Nominations postmarked by this date but received later will be considered. Nominations postmarked after this date will not be considered.

2023 Judge of the Year Nomination Form

This nomination is submitted by: Address including city, state & zip code:

Phone number: _______________________________ Email: Are you a current member of the Sacramento County Bar Association? Yes No

I am pleased to nominate the Honorable ______________________________________________________ of ________________________________________________________________________________ as the 2023 Judge of the Year. (Please be sure to list the court where your nominee presides.)

I am submitting this nomination because:

Nominee has enhanced our system of justice and served the Sacramento County legal community because of the following actions, activities, or case:

Please provide the name and contact information for at least two members of the SCBA who have appeared before the nominee within the last five (5) years. Please note – the evaluation committee may contact these SCBA members for additional information.

SUPPORTING YOUR NOMINEE: The SCBA welcomes additional information about a nominee, including but not limited to additional pages, emails, letters of recommendation or support, testimonials, or other written documentation. These materials should be submitted with or in the same manner as this form. The SCBA discourages campaigning or lobbying of members of the SCBA board of directors.

By Melissa Blair Aliotti

The Alternative Dispute Resolution (ADR) Section membership enjoyed an educational 2022 with an annual update on case law from highly respected neutrals Jim Madison and Paul Dubow, followed by a later program in the year featuring the Hon. (Ret.) Brian Van Camp, Ronald Arendt, and Christine Sanfilippo, who educated everyone on the essentials of launching a private ADR practice. The year was capped off with an intimate holiday reception preceding the SCBA’s Annual Meeting in December.

The leadership is determined to present CLE in person in 2023. Three programs in the works are: Internet Ethics, ADR and Civil Restraining Orders, and Mediation as a Tool of Oppression. The ADR Section is always looking for new topics, collaborators, and speakers from within and outside the section membership, so please reach out with your ideas and plan to participate!

First Annual Unity Bar Summit Held in Davis

By Yoshinori H. T. Himel

Sacramento’s Unity Bar Association convened the inaugural Unity Bar Summit at Martin Luther King Hall in Davis, bringing together local Unity Bars from throughout California. 145 registrants represented organizations including a Muslim Bar Association, a Thai American Bar Association, an Arab American Lawyers Association, and a County Bar’s Unity Bar Section. Lawyers came from Bellflower, Camarillo, El Monte, Encino, Fresno, La Jolla, Marysville, North Hollywood, Palm Desert, Riverside, San Ber-

nardino, Santa Ana, Santa Rosa, Stockton, Torrance, Ventura, and many other places.

A Unity Bar is an area’s coalition of minority and other spe-

cialty bars. For example, Sacramento’s Unity Bar is composed of the Asian/Pacific Bar Association of Sacramento, the Cruz Reynoso Bar Association, the Leonard M. Friedman Bar Association, SacLegal - Sacramento’s LGBTQ+ Bar Association, the Sacramento Filipino American Lawyers Association, the South Asian Bar Association of Sacramento, the Wiley W. Manuel Bar Association, and Women Lawyers of Sacramento. Where there are few or no specialty bars, the Unity Bar may itself be the specialty bar.

Yoshinori H. T. Himel is President, ABAS Law Foundation, the event’s fiscal sponsor

(L- R) Gino Barrica, Cindy Liu, Jinnifer Pitcher, Hon. Shama Mesiwala, ALJ Dee Brown, Hon. Kara Ueda, Jerry Chong, Josh Kaizuka.

Photos by Joshua Kaizuka

“Unity, peace and kindness will prevail, but to achieve them requires a fight.”

Chief Justice Tani Cantil-Sakauye

After welcomes by UC Davis Law Dean Kevin R. Johnson and Governor Gavin Newsom (Newsom by video link), Chief Justice Tani Cantil-Sakauye spoke about civics and access to justice. “Unity, peace and kindness will prevail, but to achieve them requires a fight.”

Mia Yamamoto, of Los Angeles’ Multicultural Bar Alliance, said, “we must organize around our values and goals. Social justice means all for one and one for all.” Maria Dominguez, of the Bay Area’s Minority Bar Coalition, said that Black Lives and anti-Asian hate are recent issues there. Dien Le, of the Ventura County Diversity Bar Alliance, spoke of years of comments there about the lack of judicial diversity. Pahoua Lor, of Fresno’s Central Valley Unity Bar, said some specialty bars there struggled while others had strong numbers. After initial questioning of motives, the bars found they wanted the same things.

Jessie Morris, as the event’s emcee, announced that Orange County attendees had formed a new Unity Bar during lunch. How gratifying!

Stephen Hicklin has been active in the Lavender Bar Association

of Orange County. He said, “It’s a dangerous time. There’s pushback against inclusion in bar and bench. The Unity Bar is a good way to amplify our voices.”

Darryl Young said, “Merced has almost none of the key groups for a Unity Bar. We did form the Central Valley Asian Lawyers last fall, but the lawyer base for other specialty bars is small. So, like Kern,

we’re forming a minority bar association.” Why? “We want the bar to be representative, reflecting Merced County’s large Hispanic and Hmong populations; we need to encourage mentorship; we want to diversify appointments; and to achieve this we must bring together socially, lawyers who wouldn’t otherwise know each other.”

Morris said, “A Unity Bar doesn’t have a narrow professional focus; instead, it is a human rights organization. It seeks to be inclusive and diverse in the pursuit of activism. Winter is coming. When Justices Rose Bird, Cruz Reynoso, and Joseph Grodin were attacked, nobody was ready to rise in their defense. I want us to be ready now.”

Judicial Appointments Secretary Luis Cespedes closed: “Unity Bars need to exist everywhere in California. There will be tension. If you’re not at the table, you’re on the menu. Go tell us who should be filling these spots. As John Lewis said, “freedom is not a state of being but action.”

Valerie Navarro asks a question with attendees applauding.

2022 SCBA Annual Meeting

By Heather Cline Hoganson

The air was festive, with glittering white lights behind white draping and delicate live harp music floating above the glad tidings of folks who had not seen each other in a very long time. On December 7, 2022, almost 200 folks gathered to celebrate the profession and the Association. The highlight was the presentation of the 2022 Nancy Sheehan Distinguished Attorney to Karen Goodman, who is featured in this month’s magazine.

Outgoing President Bryan Hawkins was given a warm introduction by Past SCBA President and 2020 Judge of the Year, Justice Stacy Boulware-Eurie. While his wife Elizabeth and three charming daughters looked on, Bryan thanked event sponsors and planners for returning SCBA to in-person events, and thanked the attendees for coming. It has been a challenging couple of years, but things are returning to normal and the future looks bright.

Heather Cline Hoganson was President of the SCBA in 2016, and an Editor of this fine publication for many years. She is currently a Regulatory Counsel for the Department of Consumer Affairs.

Bryan Hawkins, Karen Goodman and Hon. Emily Vasquez (ret.).

Hon. Mike Bowman, Hon. Shama Mesiwala, Heather Tiffee, Jennifer Mouzis, Hon. Emily Vazquez (ret.), Karen Goodman, Bryan Hawkins, Andi Liebenbaum, Sean McCoy, Robert Brenner, Hon. Stacy Boulware-Eurie, Dustin Amrein, Mauriah Conway, Ed Brooks, Angelina Ray, Connor Olson.

Volunteers Dawn Willis and Marci Frazier from Downey Brand.

Bryan Hawkins giving President’s Award to Barbara Souza.

Justice Stacy Boulware-Eurie Introducing Bryan Hawkins.

Bryan gave the President’s Award to the SCBA staff: Barbara Souza, Milenko Vlaisavljevic, and Larry Doyle. Souza accepted the award on behalf of the staff and said that she was excited by the great trajectory that SCBA is taking. Thanks also go to volunteers Dawn Willis and Marci Frazier from Downey Brand and Jessica Kloepfel of Sacramento Valley Paralegal Association for the registration work and to siblings Andrew and Aden Barbuta of the Sacramento Youth Symphony for the live music.

Managing Attorney Heather Tiffee of Capital Pro Bono (a Platinum event sponsor), gave the SCBA Pro

Bono award to Paul Pascuzzi. Paul serves the State Bar on various Business and Uniform Commercial Code committees. He also serves on the 9th Circuit and Eastern District Bankruptcy Conference planning committees, teaches bankruptcy and collection law at California State University, Sacramento, and often presents to SCBA’s Business section and Intellectual Property section. In addition, Paul mentors law students through University of the Pacific – McGeorge, and has a “day job” representing creditors, debtors, and receivers in virtually every type of bankruptcy case through Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP. Paul also regularly volunteers his time to Capital Pro Bono (formerly known as Voluntary Legal Services Program). SCBA’s Pro Bono Award honors attorneys who have given their time and talent to advocate for those most in need – Paul's double-decade consistent assistance to low-income clients through Capital Pro Bono’s clinics, even during the World Series, makes him well-deserving of this honor.

Judge Michael Bowman inspired those of us who are privileged to live and work in this great state and challenged us to think about how many other privileg-

es we enjoy. He administered the Oath of Office to the 2023 SCBA Board.

2019 Judge of the Year Hon. (ret.) Emily Vasquez introduced Karen Goodman as a renowned and excellent lawyer who exemplifies the best qualities of lawyers. Karen responded by remembering when Judge Vasquez swore her in as California Woman Lawyers President in 2007, thinking that day would be the highlight of her career… until SCBA honored her with the Nancy Sheehan Distinguished Attorney of the Year award. Karen spoke kind words about Nancy Sheehan, after whom the award is now named, noting that it was Sheehan

Heather Tifee presenting Pro Bono Award to Paul Pascuzzi.

Hon. Michael Bowman addressing Annual Meeting audience.

Hon. Emily Vasquez (ret.) introducing Karen Goodman.

and Noel Ferris who encouraged her to join trial attorney groups. Another association, Women Lawyers of Sacramento, helped Karen find her voice when struggling to find balance. Karen urged us all to keep joining associations and stay involved to make a difference.

Ognian Gavrilov was so excited that Karen had been chosen that he rushed to have Gavrilov & Brooks become a Platinum sponsor of this year’s event. He said that Karen was a wonderful choice as she is both a formidable litigation attorney and a fantastic individual.

Finishing the remarks from the sparkling high table, Judge

Shama Mesiwala introduced incoming SCBA President Andi Liebenbaum. President Liebenbaum joined the SCBA as soon as she moved to Sacramento, finding it a place to be nurtured, and has been on the Board eleven years. She quoted Nathaniel Colley, in that she was honored by those who helped her get where she is now. Andi noted that her attorney father told her that the best of the best lawyers join their local bar association. Why do we show up? To learn; to be inspired; and to give back. In striving for a more civil society, we are stronger – and better –together. After presenting an outgoing President Award to Bryan Hawkins, Andi gave us

a brief preview of the year to come for SCBA, including a return to a springtime Bench-Bar Reception, scheduled for Tuesday, May 23, 2023, at the Hyatt Regency, Sacramento.

Andi Liebenbaum addressing audience.

Why is there a California Supreme Court Historical Society?

By Daniel M. Kolkey

Oliver Wendell Holmes famously observed, “The life of the law has not been logic; it has been experience.”1

Indeed, few American professions rely as much on the past as the legal profession. After all, legal arguments and the resulting rulings rely on past judicial opinions (sometimes centuries old), history (both constitutional and legislative), custom, and the rules of construction, which themselves are based on our predecessors’ collective wisdom for interpreting legal phrasing.

Moreover, every good attorney and jurist understand that a rule, shorn of the context in which it was conceived, risks misapplication. As Holmes eloquently noted, “A word is not a crystal, transparent and unchanged, it is the skin of living thought and may vary greatly in color and content according to the circumstances and time in which it is used.”2 That is why a contemporary dictionary available at the time that a constitutional provision or statute is adopted often offers the most accurate definition for discerning the meaning of a phrase. The persuasive attorney and wise jurist recognize that the historical underpinnings of a law, decision, or custom is critical to its proper application, whether in making an argument or in supporting a judi-

Daniel M. Kolkey is president of the California Supreme Court Historical Society, a retired associate justice of the California Court of Appeal, Third Appellate District, a former advisor to four different state governors, and a retired partner of Gibson Dunn & Crutcher LLP.

cial ruling. In short, in the field of law, the past guides the future.

That is why the state courts need a historical society. A state court historical society can play an important role in understanding the law and thus in guiding our future.

The California Supreme Court Historical Society was founded in 1989 as a non-profit public benefit corporation dedicated to recovering, preserving, and promoting California’s legal and judicial history, and particularly that of our state Supreme Court. The Society serves the interests of the bench and bar, the academic community, and the general public through its publications, educational programs, and support of scholarly research.

Let’s take a look at our publications. Our biannual Review, edited by Molly Selvin (a legal historian and former Los Angeles Times staff writer) and Jake Dear (the California Supreme Court’s Chief Supervising Attorney) addresses a wide variety of historical topics, including episodes in our legal history, biographies, judicial decisions, and book reviews. This year’s spring/ summer issue included articles that ranged from California’s constitutional right to an abortion before and after Dobbs, to an analysis of an 1850 Supreme Court decision that failed to honor Mexican law despite a provision in the 1849 Cal-

ifornia Constitution that retained all laws in force at the time of the Constitution’s adoption unless inconsistent therewith. Its fall/ winter issue will include a profile of the incoming Chief Justice, the Honorable Patricia Guerrero, prepared by Administrative Presiding Justice Judith McConnell of Division 1 of the Fourth District Court of Appeal.

Our annual scholarly journal, California Legal History, is now edited by retired California Court of Appeal Justices George Nicholson (who served 28 years as an associate justice on the Third District Court of Appeal) and Norman Epstein (who also served 28 years as an associate justice and then as presiding justice in Division 4 of the Second District Court of Appeal).

Our most recent issue, prepared by their predecessor, Selma Moidel Smith, included a fascinating look at the content of the California State Library, which our journal revealed contains the transcript of the trial of Patty Hearst and the personal papers of Oliver Carter, the federal judge who presided over her trial. Among many other articles, that issue also included the script of the webinar that the Society presented this November regarding the historical background, personalities, oral argument, and opinion in the California Supreme Court’s groundbreaking decision in Perez v. Sharp, 3 which struck down California’s ban on interracial marriage in 1948 – nearly two decades before the U.S. Supreme Court did so in Loving v. Virginia. 4

The Society also funds, arranges, and preserves the oral histories of departing California Supreme Court justices. We publish edited versions of those histories in California Legal History (the most recent issue of which included an edited version of the oral history of Justice Edward A. Panelli) and in our

books, like Chief — the oral history of retired Chief Justice Ronald M. George. The Society recently completed the oral history of retired Supreme Court Justice Ming Chin and expects to commence the oral history of former Associate Justice Mariano-Florentino Cuéllar next year.

Over the past several years, the Society has also been compiling an oral history regarding Bernard Witkin — the “Justinian” of California law, as retired Justice Norman Epstein characterized him at a special proceeding of the California Supreme Court in 1996 — which we have undertaken in association with the Witkin Charitable Foundation. More than 15 interviews of attorneys and jurists who dealt with, and provided insights about, Bernie have been concluded. Once we complete this project in the next 12 months, we will offer articles and programs about that oral history.

We have also recently instituted measures to provide added value to a membership in the Society:

First, we are now offering programs with CLE credit, which will be free to Society members, the first of which was this past November regarding the previously referenced 1948 decision in Perez v. Sharp.

Second, we will be offering more programs each year. We have scheduled a program in January 2023 on the California Supreme Court’s abortion jurisprudence, and expect to host an interview with retired Justice Ming Chin later in 2023 regarding his body of work during his tenure on the Supreme Court.

Third, we will be increasing the awards for, and expanding, our student writing competition, which gives law students and graduate students an opportunity to publish works of original research on any

aspect of California legal history. That competition will now be chaired by two outstanding history and law professors, Professor Sarah Barringer Gordon — the Arlin M. Adams Professor of Constitutional Law and Professor of History at the University of Pennsylvania (who is known for her work on the law of church and state) and UC Santa Barbara Professor of History and past President of the American Society for Legal History, Laura Kalman — whose books range from FDR’s Gambit about the court packing fight to Abe Fortas: A Biography. The articles by this year’s winners of the competition, which were published in our journal’s most recent issue, offered a summary of 50 years of legal challenges to California’s death penalty, an original piece of scholarship concerning the law governing municipal reorganizations with a look at the San Fernando Valley’s failed efforts to secede from Los Angeles, and an evaluation of the differing approaches for amending state constitutions.

Needless to say, these oral history projects, programs, the biannual Review, and our annual journal, California Legal History, all depend on financial support, which is tax deductible except for the cost of the hard copies of the publications that you receive. You can find our membership form and the various levels of membership on our website at https://www. cschs.org/about-california-supreme-court-historical-society/ membership. A dues checkoff for the Society is also available to attorneys when they pay their State Bar dues.

Help us preserve California’s legal legacy.

1 The Common Law Lecture 1 (1881).

2 Towne v. Eisner, 245 U.S. 418 (1918).

3 32 Cal.2d 711 (1948).

4 388 U.S. 1 (1967).

New Labor & Employment Laws for California Employers in 2023

By Gage C. Dungy

As we ring in the New Year in 2023, a number of new labor & employment laws that were passed during the California 2022 legislative year will go into effect. Below is a brief summary of the more significant new labor & employment laws that are effective on January 1, 2023, unless otherwise indicated.

COVID-19/Emergency Conditions

AB 1751 – COVID-19 Workers’ Compensation Presumptions

This bill extends existing workers' compensation determinations and presumptions based on COVID-19 exposures through January 1, 2024. (Amends Lab. Code §§ 3212.86-3212.88.)

AB 2693 – COVID-19 Exposure Notices

Following the COVID-19 pandemic, AB 685 (2020) and AB 654 (2021) were passed to require specific notice requirements to employees and affected employee associations at a workplace where a positive COVID-19 case has been present. AB 2693 extends an employer’s obligation to provide such potential exposure notices through January 1, 2024, but also provides alternatives for such notifications, including a workplace posting. The bill also eliminates the obliga-

Gage Dungy is a shareholder with Boutin Jones, Inc., where he practices labor and employment law. Gage represents and advises both public and private sector employers on various labor and employment law issues. Gage also regularly tracks labor and employment law legislation and advises clients on the impact of such legislation. He can be reached at gdungy@boutinjones.com.

tion to notify a local public health agency of an outbreak and applies the notice requirements to healthcare employers who were previously exempted. (Amends Lab. Code §§ 6325, 6409.6.)

SB 1044 – Worker Rights in Emergency Conditions

This bill creates a law to provide California employees certain rights to apply during a specific “emergency condition,” including conditions caused by natural forces or criminal acts that result in disaster or extreme peril to the safety of persons or property, or that result in an order to evacuate a workplace, worker’s home or school of a worker’s child. However, a “health pandemic” is specifically excluded from the definition. This law creates new employee rights that preclude an employer from taking or threatening an adverse action against the employee for refusing to report to work or leaving a workplace because of reasonable belief it is unsafe during an emergency condition. The law also precludes an employer from restricting an employee’s access to their mobile phone/communication device to seek assistance, assess safety, or communicate to verify safety during an emergency condition. There are specific exemptions

from the law for certain employees based on their underlying job duties. (New Lab. Code § 1139.)

Wage & Hour

Updated State Minimum Wage and Overtime Exemption Salary Basis Test

The California Minimum Wage is now $15.50/hour for all employers, regardless of size. This also results in an increase to the minimum salary for most overtime exempt employees to $64,480/year ($1,240/week).

AB 257 – Fast Food Accountability and Standards Recovery Act

This new law creates a 10-member Fast Food Council under the Department of Industrial Relations to establish minimum standards on wages, working hours, and other working conditions for fast food restaurant workers of a fast food chain, including minimum wage. A “fast food chain” is defined as a set of restaurants consisting of 100 or more establishments nationally with a common brand. This new law is currently set to sunset on January 1, 2029. (Amends Lab. Code § 96 and adds new §§ 1470-1473.)

SB 1334 – Meal and Rest Periods for Public Sector Health Care Employees

While most public sector employees are exempt from California’s meal and rest period requirements, SB 1334 now applies such requirements to public sector employees who provide direct patient care and are covered under Wage Orders 4 and 5. (Amends Lab. Code § 512.1.)

Family & Medical Leave

AB 1041 – Adds “Designated Person” as a Covered Family Member for CFRA and Paid Sick Leave Law

Covered employees under the California Family Rights Act (CFRA) and California’s Paid Sick Leave Law are permitted to take applicable leave to care for a covered family member, which currently includes parent, parent-in-law, child, spouse, registered domestic partner, grandparent, grandchild and sibling. AB 1041 adds “designated person” to that list of covered family members and is defined as “any individual related by blood or whose association with the employee is the equivalent of family relationship.” An employer may limit an employee to one designated person per 12-month period for CFRA and Paid Sick Leave Law purposes. (Amends Gov. Code § 12945.2 and Lab. Code § 245.5.)

AB 1949 – Bereavement Leave of Absence Rights

Employers are now required to provide up to five days of bereavement leave to employees for the death of a family member (parent, parent-in-law, child, spouse, registered domestic partner, grandparent, grandchild and sibling). The bereavement leave is unpaid by default unless an employer has an existing policy to provide paid bereavement leave, which the employer is required to maintain. An employee can use available accrued paid leave (e.g., vacation, paid time

off, sick leave, compensatory time off) for any portion of the bereavement leave that is otherwise unpaid. The bereavement leave must be completed within three months of the death of the family member, but the leave days need not be consecutive. An employer may also require documentation of the applicable family member death within 30 days of the first day of bereavement leave. The employer is also obligated to maintain the confidentiality of the employee requesting bereavement leave. (New Gov. Code § 12945.7.)

SB 951 – Increased SDI/PFL Benefits

SB 951 will increase the State Disability Insurance (SDI) and Paid Family Leave (PFL) wage replacement rates from 60-70% of an employee’s wages to 70-90% of such wages effective January 1, 2025. To help fund this increase in SDI/PFL wage benefits, the existing taxable wage ceiling for employee SDI/ PFL wage deductions will be eliminated effective January 1, 2024. (Amends Unemp. Ins. Code §§ 985, 2655, & 3301.)

Employment Discrimination

SB 189 – Renames DFEH to Civil Rights Department

Effective July 1, 2022, California’s former Department of Fair Employment and Housing (DFEH) has now been renamed as the Civil Rights Department (CRD). In addition, the former Fair Employment Housing Council (FEHC) is now called the Civil Rights Council (CRC). Their new website is: https://calcivilrights.ca.gov/

SB 523 – Adds “Reproductive Health Decisionmaking” as Protected Category Under FEHA

In response to the June 2022 US Supreme Court decision of Dobbs

v. Jackson Women’s Health Organization, which overturned Roe v. Wade, SB 523 codified under state law a number of legal protections for “reproductive health decisionmaking.” This included adding this as a protected category under California’s Fair Employment Housing Act as applied to employment discrimination, harassment, and retaliation. Reproductive health decisionmaking is defined as “a decision to use or access a particular drug, device, product or medical service for reproductive health.” (Amends Gov. Code §§ 12921, 12926, 12931 & 12940.)

SB 1162 – Employee Pay Scale Transparency

This bill adds new requirements for employers to follow in disclosing pay scale information for job positions. First, all employers are now required to provide a current pay scale to an employee upon request for their job positions. Employers are also required to maintain records of job title and wage rate history for each employee during their duration of employment and three additional years after the end of employment. Such records are subject to inspection by the Labor Commissioner. Employers with 15 of more employees are also required to include the pay scale for a position in any job posting and are responsible for providing such pay scale to any third party that is engaged to distribute a job posting for the employer. Failure to follow these requirements can lead to penalties. Finally, SB 1162 also requires that a private employer with 100 or more employees must include with their existing pay data reporting obligations the median and mean hourly rate of pay within each job category for each combination of race, ethnicity, and sex.

SABA of Sacramento Hosts Its 15th Annual Diversity Law Student Reception

By Judge Shama Hakim Mesiwala

The South Asian Bar Association (SABA) of Sacramento hosted its 15th Annual Diversity Law Student Reception in Judge Shama Hakim Mesiwala’s Davis backyard during the fall of 2022. In honor of this milestone reception, Chief Justice Tani Cantil-Sakauye delivered a keynote address, preceded by the festive and fabulous Indian drumming of attorney Price Girn. The reception was attended by over 250 law students, judges and attorneys and provided an informal setting to

Judge Shama Hakim Mesiwala is a judge at the Sacramento County Superior Court and a Co-Founder of SABA of Sacramento.

(L-R front row) Chief Justice (ret.) Tani CantilSakauye, Price Girn, Dean Filomena Yeroshek, (L-R back row) Judge Dan Wolk, Aparna Agnihotri, Presiding Justice (ret.) Art Scotland.

Judge Shama Mesiwala, Ismah Ahmad, Judge Deborah Lobre, Adam Hoffman, Aimee Feinberg, Andy Stroud.

Photos by Lexi Howard

Presiding Judge Mike Bowman, Brandy Tuzon Boyd, Lee Seale, Judge Ken Brody.

ALJ Alberto Rosas, Stephanie Finelli, Presiding Justice (ret.) Art Scotland, Judge Dan Wolk.

mingle over Indian appetizers.

SABA was honored by the attendance of Chief Judge Emeritus Morrison England, Judge John Mendez, and Judge Troy Nunley from the U.S. District Court, Eastern District of California; Acting Presiding Justice Ron Robie, Justice Harry Hull, Justice Louis Mauro, Justice Stacy Boulware-Eurie, Presiding Justice (ret.) Art Scotland, and Justice (ret.) George Nicholson; Presiding Judge Mike Bowman, Assistant Presiding Judge Bunmi Awoniyi, Judge (ret.) Dave Abbott, Judge Stephen Acquisto, Judge David Bonilla, Judge-elect Ken Brody, Commissioner Alin Cintean, Judge Lauri Damrell, Judge Ben Galloway, Judge Steve Gevercer, Commissioner Scott Harman, Judge (ret.) Judy Hersher, Judge A.J. Jimenez, Judge Chris Krueger, Judge Deborah Lobre, Judge Andi Mudryk, Judge Jennifer Rockwell, Judge Elect Myrlys Stockdale Coleman, Judge (ret.) Raoul Thorbourne, and Judge (ret.) Emily Vasquez from the Sacramento County Superior Court; Judge Dan Wolk from the Yolo County Superior Court; Judge Trisha Hirashima from the Placer County Superior Court; Judge Monique Langhorne from the Napa County Superior Court; Judge Barbara Kronlund (the first South Asian American female judge in California) and Judge Danielle Dunham Ramirez from San Joaquin County; and Judge Linda Colfax from San Francisco County. The reception was generously underwritten by UC Davis School of Law (whose Dean of International Programs Beth Greenwood attended), Pacific McGeorge School of Law (whose Dean Michael Hunter Schwartz attended), and Lincoln School of Law (whose Dean Filomena Yeroshek attended).

Derek Ledda, ALJ Dee Brown, Benjamin Ylo, Paul John Badam, Serena Warner, Courtney Patton.

Mio Kakuta, Jun Kakuta , Brian Lopez, Judge (ret.) Emily Vasquez, Pat Sturdevant, Jeri Paik.

Judie Odbert, Brenda Dabney, Judge Troy Nunley, Justice Harry Hull, Karen Hall, Shara Beltramo.

Justice (ret.) George Nicholson, Justice Louis Mauro.

June Coleman and Linda Dankman. Daniella Green, Sacramento District Attorney Thien Ho, Judge Barbara Kronlund.

Assistant Presiding Judge Bunmi Awoniyi, Justice Stacy Boulware-Eurie, Judge Troy Nunley.

Similar information on employees hired through labor contractors also must be provided. The Labor Commissioner will enforce all the requirements of SB 1162 and is authorized to issue penalties for any violations. (Amends Gov. Code § 12999 and Lab. Code § 432.3.)

SB

2188

– Adds “Off-Duty Use of Cannabis” as Protected Category Under FEHA (effective January 1, 2024)

Effective January 1, 2024, it will be unlawful for an employer to discriminate against an applicant or employee for their use of cannabis off the job and away from the workplace. Employers also will be prohibited from using a drug screening test that includes detection of nonpsychoactive cannabis metabolites, which could be the result of such off-duty use. Exemptions to the law apply to employees in the building and construction trades, employees/applicants subject to federal government background investigation or security clearance regulations, and employees/applicants required by law to undergo drug testing (e.g., DOT covered employees). (New Gov. Code § 12954.)

Labor Relations

AB 2183

– Modifies secret ballot election process for agricultural employees under ALRA

This bill expands the secret ballot election process for agricultural employees to designate a collective bargaining representative under the Agricultural Labor Relations Act (ALRA), to also provide for the alternatives of a mail ballot election or through petition with proof of majority support, subject to certain procedural requirements. (Adds Lab. Code §§ 1156.35-1156.37, 1160.10, and 1162.)

New Labor & Employment Laws for California Employers in 2023 - Continued from page 25

Khalil Ferguson, Brandon Tanter, Bradley Ojala.

Judge Shama Mesiwala, Michael Rhoads, Acting Presiding Justice Ron Robie, Judge Linda Colfax.

Vinita Bali, Commissioner Jaya Badiga, Judge Andi Mudryk.

Judge Monique Langhorne , Judge Elect Myrlys Stockdale Coleman, Lexi Howard.

ATTORNEYS

PRACTICE

1st year of admission to the State Bar of California

$195.00 6th to 9th year Practicing for 6 to 9 years

$210.00 10+ years Practicing for 10+ years

$40.00

$110.00 2nd to 5th year Practicing for 2 to 5 years

$145.00 6th to 9th year Practicing for 6 to 9 years

$110.00 2nd to 5th year Practicing for 2 to 5 years

$145.00 6th to 9th year Practicing for 6 to 9 years

$160.00 10+ years Practicing for 10+ years

SECTIONS | Select the sections you wish to join.

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

Administrative Law Alternative Dispute Resolution Appellate Law Bankruptcy and Commercial Law Business Law Cannabis Law Civil Litigation

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

PRACTICE AREAS | Select your Practice Areas (limit three).

Administrative Law

Alternative Dispute Resolution Animal Law

Appellate Banking Bankruptcy Business/Corporate Cannabis Child Welfare Civil Rights Construction Law Criminal Defense Education

DIVISIONS

Barristers’ Division

SCBA members who are under the age of 36 and have been practicing law for under 5 years.

Philanthropy Division

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

Solo/Small Practice Division

SCBA members who are attorneys in their own firm or small firm (four or less).

Wellness Division

SCBA members who enjoy running, hiking, biking, or other athletic challenges and overall wellness. The Division will connect members with local events, may organize teams or ride shares for those events, and plan SCBA wellness week.

SCBA Fee Arbitration Program

I would like an application to join the Mandatory Fee Arbitration Program

SCBA LRIS

I would like an application to join the Lawyer and Referral Information Service Panel

Elder Law Employee Benefits Employment & Labor Energy & Natural Resources Entertainment & Sports Environmental Estate Planning & Probate Family Law Gaming Government & Public Entity Health Care Immigration Insurance

Construction Law Criminal Law Environmental Law Family Law Health Care Immigration Law Intellectual Property

Intellectual Property International Juvenile Justice Land Use/Zoning Landlord/Tenant Legislative & Governmental Affairs Litigation, Administrative Litigation, Business Litigation, Class Action/Mass Tort Litigation, Construction Litigation, Debt Collection Litigation, Environmental Litigation, Employment

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

Labor and Employment Law Probate and Estate Planning Public Law Real Property Tax Law Workers’ Compensation

Litigation, General Litigation, Personal Injury Litigation, Intellectual Property Litigation, Professional Liability Municipal Law

Native American Law Non-profit Organizations Patent Real Estate Social Security Taxation Workers’ Compensation Other:_____________________________

COMMITTEES | Select any committee box to obtain additional information.

Committees develop policy options for the board and recommend actions for its consideration and approval. Participation on committees is a worthwhile contribution to the Sacramento legal community and to the public. A brief description of each committee follows. Please indicate any committees for which you would like to obtain additional information.

Annual Meeting – Organizes the SCBA Annual Meeting.

Bench Bar Reception – Organizes the Bench Bar Reception.

Bylaws – Makes recommendations to the board regarding the currency of the SCBA’s Bylaws through a process of review and revision.

Changing Legal Industry – This committee monitors legal industry change and helps bring relevant information to our Members.

Delegation to CCBA – Organizes delegates and SCBA participation at the Conference of California Bar Associations; drafts and reviews resolutions.

Diversity Summer Fellowship – encourages the hiring and retention of minority legal professionals through Summer Associates Program.

Electronic Media – Develops policies and procedures governing the use of electronic media by the SCBA, its sections and committees.

Ethics – Writes articles for the Sacramento Lawyer Magazine, which may include a MCLE component informing the SCBA Membership of recent ethics opinions, changes (or proposed changes) in law, and emerging trends. Creates guidelines for when or how ethics opinions may be issued, if any.

International Human Rights & Domestic Crimes Against Humanity – Educates the public and members of the legal community about issues related to international human rights and domestic crimes against humanity.

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

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

MCLE – Oversees and advises the board about MCLE credit.

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

Nominating Committee – Nominates a slate of candidates for election as board members and recommends SCBA award recipients.

Pro Bono – Advises the board about, and operates, the SCBA’s pro bono program.

Sacramento Lawyer Magazine Editorial –Assists with editing the Sacramento Lawyer Magazine

Remit by mail/email/fax to Sacramento County Bar Association at 8928 Volunteer Lane, Suite 250, Sacramento, CA 95826 Email: bsouza@sacbar.org or sign up on line at www.sacbar.org. Phone 916.564.3780 Fax 916.564.3787

Sacramento County Bar Association 8928 Volunteer Lane, Suite 250 Sacramento, CA 95826