Lawyer SACRAMENTO
FALL 2021
2021 SCBA Attorney of the Year
Jessie Morris Photo by Roger Ele | Eleakis & Elder Photography
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INDEX SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
FALL 2021 VOLUME 121, NUMBER 3
Lawyer SACRAMENTO
COVER STORY 6
Jessie Morris - 2021 SCBA Attorney of the Year
FEATURE ARTICLES 12 Changes in Department 59 14 The Natural (Bernard Malamud won’t mind) 16 Chong, Céspedes, and Shepard: Mentors and Role Models EVENTS
Photo by Roger Ele Eleakis & Elder Photography
18 SABA of Sacramento Hosts Its Fourteenth Annual Diversity Law Student Reception DIVISION 10 Solo/Small Practice Division Update
EDITORS Ellen Arabian-Lee Arabian-Lee Law Corporation EDITORS EMERITAE Betsy Kimball Heather Hoganson Editor@sacbar.org
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PRODUCTION DESIGN Milenko Vlaisavljevic (916) 604-9682 milenko@sacbar.org ADVERTISING SALES, MEMBERSHIP, EVENTS, MEMBER CLASSIFIED ADS 916-564-3780 support@sacbar.org
SACRAMENTO LAWYER | Fall 2021 | www.sacbar.org
SCBA OFFICERS Trevor Carson - President Bryan Hawkins - 1st Vice President Andi Liebenbaum - 2nd Vice President Betsy S. Kimball - Secretary/Treasurer FEE ARBITRATION Larry Doyle (916) 604-9726 feearb@sacbar.org
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18 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.
Sacramento Lawyer (USPS 0981-300) is published quarterly by the Sacramento County Bar Association, 8928 Volunteer Lane, Suite 250, Sacramento, CA 95826. Issn 1087-8771. Annual subscription rate: $6.00 included in membership dues, or $24.00 for nonmembers. Periodicals postage paid at Sacramento, California. Postmaster: Send address changes to Sacramento Lawyer, 8928 Volunteer Lane, Suite 250, Sacramento, CA 95826. Copyright 2021 by the Sacramento County Bar Association.
www.sacbar.org | Fall 2021 | SACRAMENTO LAWYER
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COVER STORY
Jessie Morris
2021 SCBA ATTORNEY OF THE YEAR By Barbara Takei
Barbara Takei, Public Historian
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n 2021, for the first time in the history of the Sacramento County Bar Association’s Attorney of the Year award, the organization is giving the award to a Public Defender, honoring Jessie Morris, Jr. with the Association’s highest recognition. An Assistant Public Defender in the Sacramento County Public Defender’s office since 2008, previously Morris served as the Chief Deputy Public Defender in Yolo County’s Public Defender’s Office, and in earlier decades maintained a criminal defense practice. Morris is recognized for the innovative social justice organizing work he has done over the past several years and over a lifetime, to empower attorneys of color and address racial, ethnic, religious, gender and other biases within the legal profession. One of his most meaningful projects, says Morris, has been his work helping those suffering from lack of housing. His expungement
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work takes him to sites like Loaves and Fishes “where those without housing can gather for necessities like a meal, and clothing, and emergency shelter,” he says. “It’s the ideal place to meet people who could use help expunging records and to help them move on in their lives.” Over the past four decades in the U.S., one in three people has
SACRAMENTO LAWYER | Fall 2021 | www.sacbar.org
acquired some type of criminal record, criminal statistics and ACLU reports show. Typically, these are minor non-violent crimes that will appear on a routine background check, that disparately and negatively impact black Americans and other people of color — creating barriers to jobs, housing, education — essentially creating a life sentence of poverty for the individual
Jessie Morris in the Sacramento Bee, June 9, 2020. Public Defender’s rally at the Sacramento County Courthouse calling for justice reform. “Stop putting a knee on our clients’ necks!”
Photo credit: Daniel Kim/Sacramento Bee/ZUMA Press Wire.
Chief Justice of the Supreme Court of California, Tani Cantil-Sakauye, praised Morris, “While I recognize that the Sacramento area is rich with worthy and accomplished attorneys, Jessie stands above all in my view. He has been a mentor, confidant, strategist, expert consultant, sounding board, adviser and kind and wise friend.” and his or her family. Expungements of criminal arrest and probation records address a pernicious societal problem – where economic opportunity is impeded by decades of disinvestment in communities of color, while vast resources are invested in mass criminalization programs like the War on Drugs, that disproportionately target people of color. The idea for a model expungement clinic began with a criminal law class Morris taught for years at American River College (ARC), teaching students how to interpret Record of Arrest and Prosecution (RAP) sheets, and how to complete expungement paperwork. At a conference discussion where Morris and Asha Wilkerson learned about organizing expungement clinics, Wilkerson, who chairs the Legal Studies Department at American River College, remembers both spontaneously agreeing that they would develop such a clinic at ARC. “In just 5 short weeks, our first criminal record expungement clinic went off without a hitch,” Wilkerson reported. The ARC expungement clinic grew and became a regular part of ARC’s programming. At the time, there was only one other ABA-accredited paralegal program in California running an expungement clinic as part of its curriculum. “People would line
up for the monthly clinics,” Morris remembered, “even in the rain and cold. That’s how great the demand was.” ARC’s clinic expanded its outreach thanks to Morris’ engaging volunteer attorneys from the Wiley Manual Bar Association, the Cruz Reynoso Bar Association, and the Asian/Pacific Bar Association, and provided assistance to hundreds of individuals stigmatized by criminal convictions. ARC’s clinics developed into a model paralegal training program serving over 300 individuals, that operated for 12 months before the pandemic quarantine. This year the Sacramento Public Defender’s Office also expanded its efforts to provide expungement assistance to clients thanks to Acting Chief Assistant Public Defender, Tiffanie Synnott, who secured a State Homeless Emergency Aid Program grant that provides expungement funding. A grassroots Sacramento coalition working to clear records, composed of the NAACP, Decarcerate Sacramento, SacACT and Justice 2 Jobs, persuaded the Sacramento Board of Supervisors in June 2021 to fund two extra staff positions in the Public Defender’s Office. Morris worked with the coalition partners and praised their successful advocacy. “Expungement has helped remove significant barriers to the goal of economic opportunity,” he said, “offering many who lack work and housing the possibility of having a place to call home and to provide for self and family.” Morris’ advocacy is a catalyst that is helping make this happen, said Mark Slaughter, from the Sacramento Public Defender’s Office. “Jessie’s coordination with community organization and grant funded programs has brought desperately needed organized services to underserved communities
Jessie Morris and Asha Wilkerson, August 22, 2019. Photo courtesy of Asha Wilkerson.
in Sacramento County.” Morris’ most recent work reprises the collaboration that Jerry Chong, Luis Cespedes (current Governor’s Judicial Appointments Secretary), and Reynard Shepard (ret. Sacramento County Superior Court Judge) initiated over 33 years ago that led to the creation of the Sacramento Unity Bar Association. As allies, the Wiley Manuel Bar Association, the Asian Bar
“Jessie is someone who has never sought recognition for any of his good deeds. Rather, he chooses to remain in the background, gently guiding people like me forward, to make positive changes in our community. Jessie Morris has touched countless lives, making our beloved Sacramento Community more meaningfully diverse, inclusive, tolerant, and empathetic.” Sacramento County Superior Court Judge Shama Mesiwala.
www.sacbar.org | Fall 2021 | SACRAMENTO LAWYER
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“When I became a lawyer in the early 70’s, my ideal was to try to make the world a better place; I doubt that I have done that. However, I’m proud that I have a friend who has done exactly that for the last forty years.” California Fifth District Court of Appeal Judge Tim Buckley, retired. Association and the former La Raza Bar Association (renamed the Cruz Reynoso Bar Association), approached the Governor’s Office
Jessie Morris with personal hero, Bryan Stevenson, February 14, 2015, Monterey, CA. Stevenson is the legendary founder and executive director of the Equal Justice Initiative (EJI) in Montgomery, Alabama. Stevenson’s work has won national acclaim, including a MacArthur Foundation “Genius” grant. His book, “Just Mercy” (2014) was adapted into a feature film of the same title. Photo courtesy of Jessie Morris
to advocate for greater diversity on the Sacramento bench, and specifically to remedy the absence of any Asian Pacific Islander judges in Sacramento County. The Sacramento Unity Bar has since grown to include Women Lawyers of Sacramento, SacLegal (Sacramento’s LGBTQ+ Bar Association), Leonard M. Friedman Bar
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Association and the South Asian Bar Association of Sacramento, and continues to focus attention on mentoring, and supporting and strategizing efforts to diversify the profession. The Unity Bar has served as a model to promote greater diversity and has been replicated throughout California and nationally, most recently in San Joaquin and Fresno counties. Over the past year, Morris worked with the three Sacramento Unity Founders to outreach, organize and promote legal diversity within central California. He traveled and met with Fresno attorney leaders, and in May those efforts bore fruit with the Central Valley Unity Bar holding its formation meeting in Fresno. In Stockton, thanks to the leadership of San Joaquin County Superior Court Judge Barbara Kronlund, the San Joaquin County Bar Association added the William Murray Unity Bar as a section. After graduating from McGeorge School of Law, Morris began his legal career in 1978 at the Sacramento Public Defender’s Office. There, he met a kindred spirit, Jerry Chong, another of Sacramento’s long-time civil rights and criminal defense lawyers who describes Morris, as do many others, as an “unsung hero.” “Those of us who have worked with Jessie know how he shuns publicity, prefers to work behind the scenes and gives credit to others for his work and success,” Chong said, describing Morris’ effectiveness as an advocate. His peers note Morris’ audacity and leadership in calling for bail reform and criminal justice reform, and to end the bias, inequity and abuse that disproportionately affects people of color and poor people. As an activist attorney, finding ways to foster diversity on the bench and within the profession
SACRAMENTO LAWYER | Fall 2021 | www.sacbar.org
Betty Rae Morris (deceased January 17, 2021) and her spouse of 44 years, Jessie Morris. Photo taken at Apple Hill, October 25, 2009. Photo courtesy of Sunny Paley.
has been a career-long concern for Morris. He has applied his legal skills to teach others and to mitigate harm to people of color and those who are poor and underserved. After the Katrina disaster, Morris went to New Orleans and spent weeks advocating for thousands of prisoners whose records were lost or destroyed, who were detained under miserable and inhumane conditions. In the wake of the 9/11 federal persecutions of Muslim Americans and multiple false arrests and incarcerations, Morris led a local effort to enlist volunteer criminal defense attorneys to protect the civil rights of Muslim Americans during the FBI dragnet that terrorized the region’s Muslim community. Pro bono attorneys assisted the
“He has served as a mentor, friend and confidant to many. He has helped countless lawyers advance their careers both in and out of the public defender’s office. He has been a champion for diversity in our profession.” Sacramento County Superior Court Judge David DeAlba.
“Whether it is leading an office as a Chief Deputy or walking a law student through their first contested litigation, he fights for clients’ lives and social justice. He does this while propelling the careers of those around him and engaging the community he services, never taking credit for any of his efforts. Jessie truly exemplifies the best qualities of the legal profession, making all that come in contact with him better for it.” Amber Poston, an attorney who interned at the Yolo County Public Defender’s Office during Morris’ tenure. Bay Area Association of Muslim Lawyers (BAAML) representing individuals undergoing FBI interviews, to ensure their due process rights were protected. Morris then
wrote and submitted the nomination that led the State Bar Board of Governors to award BAAML with a 2006 President’s Pro Bono Service Award, an effort to spotlight and validate the importance of BAAML’s effort to protect Muslim American civil rights. Morris has received many honors and recognition for his work and community service. Among the highlights: recognition as the Sacramento County Bar Association’s Humanitarian of the Year; awarded the President’s Pro Bono Award by the State Bar of California Board of Governors; recipient of the President’s Award and the Unity Award from both the Wiley Manuel Bar Association and the Sacramento Asian Bar Association; and honored with the Trailblazer award, the highest honor given by the National Asian Pacific American Bar Association. That selfless desire to work behind the scenes, with the goal of making sure justice gets done rather than getting or taking cred-
it was repeated by Morris’ friends and supporters. Former interns, law students and support staff describe his unselfish sharing of expert guidance, his soft-spoken and kind manner, and his integrity and civility, calling him a “super-hero.” Powerful members of the California judicial community have relied on and trusted Morris’ judgment and instincts, and offer high praise for a career spent addressing the needs of the least fortunate. The words of Martin Jenkins, Associate Justice Supreme Court of California, aptly describe what makes Morris such a rare and special attorney. “Jessie has taken the road less traveled — he has decided to use his considerable skills in the service of the marginalized and less fortunate in our society,” Jenkins wrote. “His work as an advocate and active member of the legal community has made a real difference in the lives of indigent defendants and improved the quality of justice in our courts.”
Tiffanie Synnott, Jocelyn Dorland, Jessie Morris, Matthew Navarrett, Katlyn Green, Michael Bujor and Allison Sweeney www.sacbar.org | Fall 2021 | SACRAMENTO LAWYER
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SECTION & AFFILIATE NEWS
Solo/Small Practice Division Update By Alexandra Baron
Fall Mixer On October 7th, after over one year and half since the Solo/ Small Practice Division (“SSPD”) had an in-person event, the SSPD jointly hosted a fall mixer with the business law section outdoors at Drake’s The Barn, located in West Sacramento. Attendees were treated to a scenic sunset, new connections and one free beer. If you did not attend the fall mixer this year, you certainly missed out! While the mixer was hosted by the SSPD and the business law section, all SCBA members were welcomed and encouraged to attend. In fact, all SCBA members are welcome to attend all SSPD events, which generally have widespread applicability across practice areas.
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The SSPD looks forward to hosting future mixers as a great way of expanding its members’ networking and socializing opportunities. Advancing Your Law Practice with the Solo/Small Practice Division On September 9th, our respected board member, Tyler Q. Dahl, Principal Attorney at the Law Offices of Tyler Q. Dahl, one of less than 100 attorneys in the United States designated as a Certified Tax Coach, presented on “21st Century Law Firms: Utilizing Technology and Ethical Implications.” Technology is rapidly advancing how law firms are managed and how business as usual is run. Tyler provided key insights on technology and
SACRAMENTO LAWYER | Fall 2021 | www.sacbar.org
Alexandra A. Baron, Board Member of the SSPD, practices family law in the Sacramento region. She may be contacted at alexandra@ baronfamilylaw.com.
software to increase efficiency and maximize revenue in law firms. He further provided key insights regarding the ethical implications of the use of case management software citing to ethical opinions. This presentation was well attended and thoroughly enjoyed. Let’s Collaborate! The SSPD is committed to providing members with the most relevant educational and networking opportunities possible. To that end, please feel free to contact SSPD board members to discuss possible topics and/or networking opportunities. In the meantime, please check the SCBA calendar for upcoming SSPD events!
Local Solutions. Global Reach.
FEATURE ARTICLE
Changes in Department 59
Ellen Arabian-Lee is the Editor of Sacramento Lawyer and the President of Arabian-Lee Law Corporation. She can be contacted at ellen@arabian-leelaw.com.
By Ellen Arabian-Lee
nice diversion to help litigants relax and (hopefully) stop the feuding and get their case resolved. Judge Davidian often added humor to settlement conferences he personally conducted, and he would joke about his striking resemblance to the judge from the movie, My Cousin Vinny, whose image was displayed on Judge Davidian’s computer screen in his chambers. Judge Davidian also was well-known to stay late, sometimes until 11:00 p.m., to “get the job done,” as he described it. If litigants were not making good progress during the later hours, he would tell stories about the ghosts inside the old building, including a
Hall of Justice
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ave you been inside Department 59 lately? Probably not since all settlement conferences have been held remotely via Zoom since the pandemic. Therefore, a very significant change in Department 59 may have gone unnoticed – Judge Ben Davidian (ret.) is not there! Department 59 is the Court’s designated civil settlement conference department, located inside the Hall of Justice building, 813 6th Street, a beautiful example of beaux arts classicism/neo-classicism. This historic building, built circa 1916, is listed on the US National Register of Historic Places. For over 80 years, the building housed the Sacramento Police Department, which included a city jail, shooting range, and city courtrooms. The Sacramento County Law Library also formerly was housed inside this building. Currently, Department 59
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shares the building with Civil Law and Motion (Departments 53 and 54) and Civil Self-Help Services. Judge Davidian, who admittedly “loved the place,” retired from the bench this year, but he certainly left his mark on Department 59. In fact, after Judge Kevin Culhane, the presiding judge at the time, assigned Judge Davidian to Department 59 nearly seven years ago, Judge Davidian donated interesting artwork and developed theme rooms throughout the Department to make civil settlement conferences a more enjoyable experience. The building was renovated to include 13 conference rooms to handle multiple settlement conferences at one time. Upon entering Department 59, litigants could not miss the University of Utah decorations which were added by Judge Davidian to celebrate his alma mater. The artwork and decor added a
SACRAMENTO LAWYER | Fall 2021 | www.sacbar.org
“Leaving this place was the toughest decision I have had to make.” – Judge Davidian
Judge Ben Davidian, now retired
Where did Judge Davidian go?
“We have the best pro tems in the world.” – Judge Davidian
fellow in a white uniform who might walk across the hallway and through a wall. “You better get this case settled, or the ghost might come out,” he would quip, which often would leave the litigants speechless and somewhat uneasy, but curious at the same time. Judge Culhane and Judge Davidian worked together to create one of the best settlement conference facilities in the state. Judge Davidian describes Department 59 as a “labor of love”. “I’m proud to have been a part of this,” said Judge Davidian. When Judge Davidian retired this year, Judge David DeAlba was assigned to Department 59 – the artwork and themed rooms remain, but the University of Utah swag has been replaced by UCLA décor. When Judge DeAlba was assigned to Department 59, he sadly was required to part with this court clerk of 16 years, Nita Smith, and his courtroom staff, who Judge DeAlba describes as “like family.” They will now work with Judge Steven Gevercer. However, Judge DeAlba is in good hands with Dayo (DyeYo) Horton, Department 59’s wellknown and long-time Court Services Coordinator. Judge Davidian also left his mark
UCLA in Dept. 59
on Department 59 by starting Friday voluntary settlement conferences (“VSC’s”). Civil litigants, who need an early settlement conference and do not want to wait until right before trial, can contact Dayo Horton to schedule a settlement conference on Fridays. Since settlement conferences are now conducted remotely, Judge DeAlba has expanded this service to include all days of the week, not just Fridays. Although Judge Davidian can no longer be found in Department 59, he can be found enjoying life with his wife, Rena, or at JAMS, continuing to settle cases.
Judge Davidian and wife, Rena
www.sacbar.org | Fall 2021 | SACRAMENTO LAWYER
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FEATURE ARTICLE
The Natural (Bernard Malamud won’t mind) By Mark Eggleston
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lutching in one hand a Bachelor’s Degree from Stanford, and in the other hand a law degree from UCLA, Vicki Jacobs could get her foot in many doors. But the door she chose to walk through for most of her career—after spending several years in private practice, including a partnership—was the door at Voluntary Legal Services Program (VLSP). And VLSP was never the same. Indeed, VLSP became Capital Pro Bono (CPB) during Vicki’s tenure. (VLSP became CPB to lessen confusion with Legal Services
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of Northern California (LSNC) and to describe its program more understandably; in this article, CPB and VLSP will be used interchangeably.) Vicki’s tenure with CPB has been an enduring one: 10 years as a volunteer on CPB’s Advisory Committee, followed by 20 years atop CPB’s staff as its Managing Attorney. For those counting, that is three decades. Vicki’s success at CPB has a lot to do with Vicki’s character. Anyone who knows Vicki knows she is a character. But I am referring
SACRAMENTO LAWYER | Fall 2021 | www.sacbar.org
Mark Eggleston chairs Capital Pro Bono, Inc.’s Advisory Committee. He can be contacted at eggkram@gmail.com
here to deeper things. I see Vicki as an idealist, but a pragmatic one. She’s got heart, but she’s also tough-minded when necessary. There is a lot of heartache in the legal services world, but to do the most good for the most people requires an ability to separate the wheat from the chaff when it comes to determining what realistically can be done. Vicki has that ability. As Vicki reflects, “Little did I know when I joined the [CPB] Advisory Committee in 1991 that I would come to join the staff at
[CPB] 10 years later. It goes to show you that you never know what opportunities will come your way, especially if you are doing something you enjoy and believe in. I was very lucky to have found my niche at legal aid.” To briefly review this “fit” then, is altogether fitting. In 1993, while a volunteer on the CPB Advisory Committee, Vicki chaired a fundraiser called “Sacto Law Night,” a 350-person sold-out silent-auction event at which the actor Richard Dysart, from the television show “L.A. Law,” was the keynote speaker. At the time, “L.A. Law” was one of the hottest tickets in television. If you don’t believe me, check with your colleagues who attended law school in the 1990’s— see how many were there, at least in part, because of this show. In 2002, working with Russell Austin in her Managing Attorney capacity, Vicki secured more sustained funding for CPB from one of its sponsors, the Sacramento County Bar Association (SCBA). She also achieved similar good fortune, working with Gary Smith of LSNC, another CPB sponsor. Legal services funding is a roller coaster. Even saying IOLTA in a rhythmic way has a certain up-and-down quality to it. Try it. More recently, cy pres funding has helped. And Galen Shimoda and his law firm— Galen having interned under Vicki years ago—have generously directed cy pres funds to CPB. There is an old saying in legal aid work— not really, I think I just coined it— that cy pres funding sure beats sigh, pray funding. Galen Shimoda’s experience with Vicki and VLSP illustrates another point—those who work with her commit to her. Take Heather Tiffee, for example. Heather is CPB’s new Managing Attorney, after having worked with Vicki for 20 years, the two wonderfully
complementing each other during that span. As a volunteer-based outfit, CPB has but a small paid staff, but that staff is loyal and committed to doing its best. The same goes for CPB’s volunteers, the hub of the entire enterprise. That staff and those volunteers have allowed Vicki to direct services to the greatest need. Vicki added a clinic model to CPB’s traditional lawyer-client focus to serve greater numbers in employment, debt, bankruptcy, probate, and family law matters. She established the Civil Self-Help Center in 2007 at the Sacramento County Superior Court, one of the first in the state to handle general civil litigation, not simply family or probate law. She has had CPB help vulnerable children through guardianships. And Vicki had CPB doing criminal records expungement, juvenile records sealing, and driver’s license reinstatement before it became the next cool thing. How many of you, I ask, have had to deal with someone taking up residence on the sidewalk just outside your office window? Vicki has. And she handled the situation with her characteristic compassion and practicality. For her work at CPB, Vicki has received several “major awards”—the genuine article too, not like the one in that movie classic, “A Christmas Story.” Among these: the State Bar’s Pro Bono Service Award, the California Women Lawyers’ Fay Stender Prize, the SCBA’s Distinguished Attorney of the Year, and the St. Thomas More Society’s Father McDermott Integrity Award. That last one, not bad for a Jewish girl. Yoshinoro (“Toso”) Himel, a CPB Advisory Committee member since its inception 40 years ago, has observed Vicki throughout her entire CPB venture, and
notes, “When Vicki had a boutique law firm, she volunteered as a member of the [CPB] Advisory Committee. Then she joined the staff as the Managing Attorney. She managed the organization with fiscal prudence, keeping a sharp eye on reserves through deficit and surplus times. She also showed compassion in her dealings with staff members. The transition from VLSP to CPB reflected a foundation well-laid by Vicki for the organization’s future.” And Russell Austin echoes, “Vicki Jacobs has been the driving force behind the continued success of VLSP/CPB for over 20 years. Both our bar association and our community have benefited from Vicki’s vision and leadership of this critically important program, and Vicki has ensured that the program will remain in capable hands in the future under Heather Tiffee’s leadership.” Vicki wants to thank too many to name here individually, but she gives a special shout-out to Judge Jim Mize and former SCBA President Tom Eres for founding CPB; to Gary Smith of LSNC and the entire LSNC executive team; to Russell Austin for decades of unflagging support; to Galen Shimoda’s firm for its generosity; and to CPB’s staff, volunteers, and donors. Finally, Vicki gratefully notes that CPB is lucky “to have Heather Tiffee assume the position of Managing Attorney at CPB. Heather has been with CPB since her first year of law school 20 years ago and she has the knowledge, experience, and dedication to successfully lead CPB into the future. I couldn’t be more pleased with our succession plan and am looking forward to coming back to CPB solely as a volunteer attorney providing client services working under Heather’s guidance.” Well done, Vicki.
www.sacbar.org | Fall 2021 | SACRAMENTO LAWYER
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EDITORIAL
Chong, Céspedes, and Shepard: Mentors and Role Models By Justice George Nicholson (ret.)
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lmost 35 years ago, Jerry Chong, Luis Céspedes, and Judge Renard Shepard, became presidents of their respective bar associations, the Asian Bar of Sacramento, the La Raza Lawyers (now the Cruz Reynoso Bar Association), and the Wiley Manuel Bar Association. When they took their respective offices, their three bar associations were engaged in fierce competition for the ear of the governor and for what they perceived to be too few judicial appointments for accomplished ethnic attorneys. The three men decided to set a different path, working together for the benefit of all bar associations and for ensuring sustained professional progress for ethnic bar associations and their members. In particular, they intended to, and did, end ethnic bar competition for judicial appointments by the governor. Their impact on bench and bar inclusivity has proven substantial and enduring, all the way to the state’s highest court, where Tani Cantil-Sakauye, a former trial judge and appellate justice in Sacramento, has served as chief justice of the California Supreme Court since 2010. The Chief Justice is the first Asian-Filipina American and the second woman to serve as the state’s chief justice. Russell Hom and Richard Sueyoshi are presiding judge and supervising civil judge of the Sacramento County Superior Court, respectively. In
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March 2021, Judge Hom was selected Judge of the Year by the Sacramento County Bar Association. Rob Bonta is the first Filipino American to serve as California Attorney General. Chong, Céspedes, and Shepard worked amicably and effectively with governors of both political parties ever since, including Governors Deukmejian, Wilson, Brown, Davis, and Schwarzenegger. Most recently, their shared vision received two remarkable successes at the hand of Governor Gavin Newsom: First, Governor Newsom named Céspedes as his Judicial Appointments Secretary. (For more information about this appointment, see George Nicholson, “Visionary becomes state’s new judicial appointments secretary,” Los Angeles Daily Journal, https://www.dailyjournal.com/articles/361034-visionary-becomes-state-s-new-judicial-appointments-secretary.) Second, Governor Newsom announced creation of a judicial mentoring project to encourage more lawyers to apply for positions on California’s trial and appellate benches. (See Press Release, Office of Governor Gavin Newsom, “Governor Newsom Launches California Judicial Mentor Program to Promote a Diverse and Inclusive Judiciary,” (July 1, 2021), https:// www.gov.ca.gov/2021/07/01/ governor-newsom-launches-california-judicial-men-
SACRAMENTO LAWYER | Fall 2021 | www.sacbar.org
George Nicholson is an Associate Justice (ret.) of the Court of Appeal, Third Appellate District
tor-program-to-promote-a-diverse-and-inclusive-judiciary.) With Céspedes, Judge Paul A. Bacigalupo, Los Angeles County Superior Court, and a former president of the California Judges Association, co-chairs the executive committee of the governor’s Judicial Mentoring Project. Justice Martin Jenkins, California Supreme Court (Governor Newsom’s first Judicial Appointments Secretary), Presiding Justice Lee Smalley Edmon, Court of Appeal, Second Appellate District (Los Angeles), and Justice Teri Jackson, Court of Appeal, First Appellate District (San Francisco), serve as appellate court representatives on the committee. Judge Erica Yew, Santa Clara County Superior Court, represents medium and large counties, and Judge Todd Bottke, Tehama County Superior Court, represents small and rural counties. Some courts will work together on regional mentorship programs, including those in Sacramento, Yolo, and El Dorado counties. (See, “California Judicial Mentor Program, Sacramento County,” https://www.saccourt.ca.gov/ outreach/california-judicial-mentor-program.aspx; more generally, see “Mentor Future Judicial Officers: Judicial Officer Mentorship Program,” https://www.courts. ca.gov/partners/judicial-officer-mentorship-program.htm.) “The ‘Stronger Together: Judicial
Diversity Summit 2021’ was held remotely on three Tuesday evenings on September 14, 21 and 28. This Judicial Diversity Summit is co-sponsored by the Judicial Council of California, California’s Lawyers Association and California Judges Association and has been held every five years since 2006 to assess the efforts to increase judicial diversity in California, and to make recommendations for future activities and initiatives to diversify the judiciary. The intended audience for the summit is judicial officers, attorneys and law students.” (See, “Judicial Diversity Summit 2021,” https://www.courts.ca.gov/partners/jds2021.htm.) Another, related and enduring institution was begun by Chong, Céspedes, and Shepard more than three decades ago. Working with several other lawyers and a few judges, including several of us who would soon become members of the Court of Appeal, Third Appellate District, these three individuals conceived and organized the state capitol’s first Unity Bar Dinner, an event that has continued annually ever since. The original co-sponsors, the Asian Bar of Sacramento, the La Raza Lawyers, and the Wiley Manuel Bar Association, have since been joined by the Leonard Friedman Bar Association, South Asian Bar Association, SacLegal (Sacramento’s LGBTQ+ Bar Association,) and Women Lawyers of Sacramento. Other bar associations, including faith-based bar associations, are seeking to join. The ongoing successes of Chong, Céspedes, and Shepard, as mentors and role models, inspired generations of Sacramento judges and lawyers to become actively involved in community outreach, including court-clergy outreach, promoting inclusion and unity on many fronts, while fostering knowledge and understanding of
constitutional governance, leadership and ingenuity as a team effort. During that time, clergy of many faiths, along with military, law enforcement, and civilian chaplains, peace officers, prosecutors, and defense attorneys, civic and educational leaders, and politicians of both parties, have actively joined the quest for inclusion and unity. Although decades have passed since Chong, Céspedes, and Shepard began to work their inclusionary, unifying magic on Sacramento’s and California’s bench, bar, and general legal culture, the impact of their shared vision and resolve is continuing to gain in strength. I know because I have been involved with them since the beginning. For more than 31 years as a judge, 28 years on our state court of appeal, I worked to build bridges as Thurgood Marshall implored us to do, and as I note in my recent preface, “A judicial role in calming our divided nation,” https:// journals.librarypublishing.arizona. edu/appellate/article/id/2937, and two appendices, “Court-Clergy Outreach,” https://journals. librarypublishing.arizona.edu/ appellate/article/id/2950, and “Court-Community Outreach,” https://journals.librarypublishing.arizona.edu/appellate/article/id/2951, in the special, July 2021 issue of the Journal of Appellate Practice and Process, volume 21, issue 2, https://journals. librarypublishing.arizona.edu/appellate/issue/232/info, themed: “What ails and divides our people and afflicts our nation, and what we in the law, especially state, tribal, and federal appellate court and Supreme Court judges, may do to help to mitigate, better yet, ameliorate those ailments and afflictions.” At about the moment the special issue was published, I presented our state’s judges and lawyers with a challenge. (George Nichol-
son, “Lawyers and Judges: Mitigating Public Demonization and Division,” at https://www.dailyjournal.com/articles/363588-lawyers-and-judges-mitigating-public-demonization-and-division; also see, George Nicholson, “A Judges Experiences and Reflections on Restoring Community,” Court-Review, American Judges Association (Fall 2021), Volume 57, Issue 3, https://amjudges.org/ publications/court-review.html.) Despite the inspiration and good works conceived and cobbled by Chong, Céspedes, and Shepard for so long, our state and country are increasingly cleaved. We in the law may not stand idly by while our people demonize and divide one another, resegregate, and fracture our nation. In my view, we in the law are among the few remaining and, surely, most powerful bastions of civility, common decency, and common sense. As such, we must help lead by responding energetically and creatively to Justice Thurgood Marshall’s exhortation: “The legal system can force open doors and sometimes even knock down walls. But it cannot build bridges. That job belongs to you and me.” (Thurgood Marshall, “The Meaning of Liberty” Remarks at Independence Hall, Philadelphia (July 4, 1992), https://constitutioncenter.org/liberty-medal/recipients/ thurgood-marshall; also see, “Robert K. Puglia, Freedom Is Not Free,” 36 McGeorge L. Rev. 751 (2005), https://scholarlycommons.pacific.edu/cgi/viewcontent.cgi?article=2389&context=mlr.) We, especially, our law students and young lawyers who begin early, may admire and emulate Chong, Céspedes, and Shepard, in large and small ways and, perhaps, to extend the work they have begun and, thus, help do the job consigned to us all by Justice Marshall.
www.sacbar.org | Fall 2021 | SACRAMENTO LAWYER
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EVENTS Judge Shama Hakim Mesiwala, Cofounder SABA of Sacramento & Sacramento County Superior Court Judge
SABA of Sacramento Hosts Its Fourteenth Annual Diversity Law Student Reception By Judge Shama Hakim Mesiwala
Sarah Hashem, Nathan Searcy, Stephanie Finelli, Frank Martin, Nicole Opendo, Matthew Santos, Peter Hoffman, Judge Shama Hakim Mesiwala, Justice Ron Robie
Sara Hashem, Aminah Shakoor, Maher Badia
T
he South Asian Bar Association (SABA) of Sacramento hosted its Fourteenth Annual Diversity Law Student Reception in Judge Shama Hakim Mesiwala’s Davis backyard on September 25, which was also the 40th anniversary of the swearing in of Sandra Day O’Connor as the first female justice on the United States Supreme Court. The reception was attended by over 200 people adhering to strict Covid protocols, which allowed law students the
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Judge Sonia Cortes, Judge AJ Jimenez, Administrative Law Judge Alberto Rosas, Alana Mathews
opportunity to mingle safely with judges and attorneys in an informal setting over Indian appetizers. SABA was honored by the attendance of Chief Judge Emeritus Morrison England and Judge Troy Nunley from the U.S. District Court, Eastern District of California; Presiding Justice Vance Raye, Justice Ron Robie, Justice Elena Duarte, and Justice Peter Krause from the California Court of Appeal, Third Appellate Dis-
SACRAMENTO LAWYER | Fall 2021 | www.sacbar.org
trict; Presiding Judge and Judge of the Year Russ Hom, Assistant Presiding Judge Mike Bowman, Judge George Acero, Judge Stephen Acquisto, Judge Dave Brown, Judge Larry Brown, Referee Marlene Clark, Judge Kevin Culhane, Judge Carlton Davis, Judge Ben Galloway, Judge AJ Jimenez, Judge Chris Krueger, Judge Jennifer Rockwell, Judge Alan Perkins, and Judge Raoul Thorbourne from the Sacramento County Superior Court; Judge
Lawyer SACRAMENTO
SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
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Judge of the Year Russ Hom and Attorney of the Year Jessie Morris
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SCBA Annual Mee Judge Brian R. Van Camp
Honoring Distinguished Attorney Justice Arthu Superior Court of CA, County of Sacramento (Ret.)
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• Partnership & Shareholder Disputes
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Recognizing State Commissioner of Corporations - Three years Laura Moreno, Chief Judge Emeritus Judge Morrison England, Judge Troy Nunley
Sonia Cortes and Dan Wolk from the Yolo County Superior Court; Judge Todd Irby and Commissioner Trisha Hirashima from the Placer County Superior Court; and Judge Monique Langhorne from the Napa County Superior Court. The reception was generously underwritten by UC Davis School of Law (whose Dean Kevin Johnson attended), Pacific McGeorge School of Law (whose Dean Michael Hunter Schwartz attended), and Lincoln School of Law.
Member, AAA Panels on: Commercial & Complex Civil
REACHING
Employment & Labor
THE CENTURY MCLE Prior to Annual Meeting Judge Brian R. Van Camp, Ret. FREE for SCBA Members Office: (916) 515-8442 Cell: (916) 425-1469 $100 for Non-Members
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2443 Fair Oaks Blvd. #397 • Sacramento, CA 95825 1 Hour Ethics - Topic: “Attorney Fees, Practically and Ethically” brvc@vancampadr.com
(916) 515-8442 Speaker: Kenneth Bacon of Mastagni Holstedt VanCampADR.com 10:30-11:30am
Requires Knowledge Beyond Our Years19 www.sacbar.org | Fall 2021 | SACRAMENTO LAWYER
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