MAGAZINEASSOCIATIONCOUNTYSACRAMENTOBAR www.sacbar.org Lawyer SACRAMENTO Vol. 1-2022 2022 JudgeSCBAofthe Year Lawrence Brown GAVRILOV gbATTORNEYSBROGHTTOYOUBY
Aggressive litigation at your fingertips 2315 Capitol Avenue • Sacramento, CA 95816 • 916-504-0529 GAVRILOV & BROOKSb ATTORNEYS AT LAW gb
www.gavrilovlaw.com Areas Of Practice: • Business/Corporate Law • Banking Law • Personal Injury • Probate Litigation • Franchise Law/Intellectual Property • Family Law • Real Estate Law • Employment Law • Professional License Defense Congratulations to the SCBA Judge of the Year Lawrence Brown
INDEX Lawyer SACRAMENTO SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE Vol. 1-2022 EDITOR-IN-CHIEF Ellen Arabian-Lee Arabian-Lee Law Corporation EDITORS EMERITAE Betsy Editor@sacbar.orgHeatherKimballHoganson PRODUCTION DESIGN Milenko Vlaisavljevic milenko@sacbar.org ADVERTISING SALES, MEMBERSHIP, EVENTS, MEMBER CLASSIFIED ADS Barbara 916-564-3780Souzabsouza@sacbar.org SCBA OFFICERS Bryan Hawkins - President Andi Liebenbaum - Vice President Penny Brown - Secretary Connor Olson - Treasurer FEE ARBITRATION Larry Doyle (916) feearb@sacbar.org604-9726 4 PRESIDENT’S MESSAGE 6 Thanks COVER STORY 8 2022 Judge of the Year: A Grateful Judge Lawrence Brown FEATURE ARTICLES 14 Legislature and State Bar at Odds Again 22 Federal Court Family Inspires Nonfiction Book for Children MEMBER HIGHLIGHT 16 Noemi Nuñez Esparza, Partner – Dreyer, Babich, Buccola, Wood, Campora, LLP EVENTS 20 Judicial Diversity Celebration Honoring Justice Earl and Judge Mudryk Photo by Milenko Vlaisavljevic GAVRILOV & BROOKSgb ATTORNEYS AT LAW BROGHT TO YOU BY GAVRILOV & BROOKSgb ATTORNEYS AT LAW Are you or your firm interested in sponsoring the next edition of Sacramento Lawyer Magazine? If so, please contact Barbara Souza at 916-564-3780 or bsouza@sacbar.org.
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. 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.
20 16 6 5 8 22
By Bryan Hawkins
SACRAMENTO LAWYER | Vol. 1-2022 | www.sacbar.org6
Thanks
Bryan Hawkins ,President, Sacramento County Bar Association
Finally, I also want to take this opportunity to acknowledge and thank Shanae Buffington and Trev or Carson, who shepherded the As sociation as our Presidents in 2020 and 2021 respectively. It is due in large part to your leadership and dedication that the Association can host this year’s event and celebrate Judge Brown. We all stand on the shoulders of those who came be fore us, and I am grateful to stand on yours. Thank you again and I hope to see you all at the Bench Bar Recep tion.
One last plug – please stay tuned for more information regarding not only this year’s Annual Meeting but also the return of the Evening with the Mayors event. This event has been twice delayed due to the effects of COVID-19, but we are looking forward to hosting it this year on October 27, 2022 with the attendance of Mayors Steinberg (Sacramento), Guerrero (West Sac ramento), Singh-Allen (Elk Grove), and Bernasconi (Roseville).
PRESIDENT’S MESSAGE
I
t’s hard to believe that we are mere weeks away from Sacra mento County Bar Association’s first in-person event in more than two years! While the Bench Bar Re ception has always been a time to celebrate the amazing judges we have in our County, it is also a time to reflect on the fact that even the smallest things – like being able to sit in a room together – can never be taken for granted. With that said, we are all very eagerly preparing for and looking forward to this year’s Bench Bar Reception and celebrating Judge Lawrence Brown. I want to thank the Association’s Board of Direc tors, the entirety of its Executive Committee, the Bench Bar plan ning committee, and the Associ ation’s amazing staff – Milenko Vlaisavjevic, Barbara Souza, and Larry Doyle – for all the energy and hard work it has taken (and will continue to take) to put on this tremendous event. In addition to the Bench Bar Re ception, I would also like to take a moment to promote the great work being done by all our Sections and Divisions. Whether it be slowly bringing people back together for in-person events or continuing to put on valuable and informative CLE events, our Sections and Divi sions have done an excellent job of representing the Association and serving our members.
2022 Judge of the Year:
COVER STORY
Heather 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. She can be reached Heather.Hoganson@ca.ca.gov.at
While Judge Lawrence "Larry" Brown is no stranger to jury trial work, he has be come “the face” of Sacramento’s Collab orative Courts. The SCBA will be honoring him at the Bench-Bar Reception on August 25, 2022, with the Judge of the Year award. Brown was raised in Santa Rosa and attend ed Santa Rosa Junior College before heading to the University of California, Davis for his Bachelor of Political Science and then Juris Doctorate. While at UC Davis School of Law (King Hall), Brown was active in mock trial and moot court competitions. Post-law school, he spent five years in the Ventura County Dis trict Attorney’s Office. There, he prosecuted a wide array of felony and misdemeanor cas es, including approximately 35 jury trials. He was awarded the 1993 Attorney of the Year for the Felony Division by his peers. His life shifted when the Ventura County District At
A Grateful Judge Lawrence Brown
By Heather Cline Hoganson
Enrobed Judge Brown with son Harrison.
“It was fascinating to learn the fed eral world,” he explained. Brown personally prosecuted political corruption, mortgage fraud, child exploitation, mail theft, and coun terfeiting cases, including before the Ninth Circuit Court of Appeals. Brown became Acting, then Inter im, Director upon Scott’s departure in early 2009.
Larry Brown as CDAA Executive Director, 1996. Brown and sister Eileen. Leslie, Larry, Dad and Sybil.
www.sacbar.org | Vol. 1-2022 | SACRAMENTO LAWYER 9
Young Larry and big sister Eileen. Brown with nephew Milo, niece Annelise, and son Harrison.
Larry Brown at the US Attorney’s Office.
torney took charge of the Califor nia District Attorney’s Association (CDAA) and personally asked Brown to join him as his Number Two. Two years later, Brown was himself running CDAA. As the Executive Director of CDAA, the statewide prosecutors’ organization headquartered in Sacramento, Brown represented the 58 elected District Attorneys of California (and their deputies). He became a legislative advocate, of ten partnering with the California Public Defenders on certain issues before the Legislature, during a time when criminal sentencing was a large focus of legislative work. While running CDAA, Brown became a member of the Sacra mento County Bar Association (SCBA). Since he had not lived in Sacramento before, Brown credits SCBA with providing a real sense of community – roots from which to branch out. In a tip to new at torneys as well as those that have been around, Brown encourages joining bar associations, not only because they are essential for legal development as more experienced practitioners share lessons but also for the new perspectives the incoming generations bring, with renewed focus on inclusion, equity, andBrowntolerance.started thinking about be coming a judge while at CDAA but felt it was “too soon.” After near ly 10 years with CDAA, Brown joined his friend McGregor Scott at the U.S. Attorney’s Office (East ern District) for seven years, where he served as second-in-command of the federal prosecutor’s office.
Mission Statement 2. Commitment
3.
SACRAMENTO LAWYER | Vol. 1-2022 | www.sacbar.org10
In January 2010, Brown “came home” from federal to state law when he was appointed to the Sac ramento Superior Court by Gov ernor Schwarzenegger. From ap pearing in various courts, Brown knew what it was like to appear before judges where it was “a plea sure” and wanted to create a simi larly welcoming court. As a judge, he never wants to add unneces sary or needless stress on litigants or counsel, since he understands what they are juggling. His choice of staff reflects his tone, as he cred its his clerk, bailiff, and court re porter with carrying forward that welcoming attitude in the court room. Beginning with presiding over criminal jury trials, Brown added Proposition 36 – Three Strike resen tencing petitions when the original sentencing judge was unavailable. In 2013, he “serendipitously” was assigned to preside over Mental Health Court (a diversionary col laborative court for severely men tally-ill offenders), Reentry Court (collaborative court for recidivist, non-violent felony offenders), Drug Court, Homeless Court, and the Prison Calendar (Folsom State Prison). He discovered that it was a “good fit” and continued with the adult collaborative justice courts and the Co-Occurring Mental Health Court (diversionary collab orative court for offenders dual ly-diagnosed with severe mental illness and substance abuse disor ders) on some days, while having regular jury trials on others. Since 2015, Brown has been Vice-Chair of the Judicial Council of California Collaborative Justice Courts Advi sory Committee. In 2017, Sacramento’s Indigent Defense Panel awarded Brown Judge of the Year, in appreciation of his fairness and his handling of the high-volume arraignment cal endars. Kelly Babineau, who had a 5-week trial with him in 2016, noted that Brown is well-known for giving both sides the oppor tunity to litigate their issues and that Brown is patient, intelligent, and open to hearing everything before making his rulings. Brown was also honored by the Chief Pro bation Officers of California (2019 Judicial Officer of the Year) and by the County Behavioral Health Di rectors Association of California (2017 Behavioral Health Champi on). From 2020 to present, Brown serves as the Supervising Judge of the Collaborative Courts, pre siding over three Mental Health Treatment Courts (Tuesday morn to the principles of the SCBA to the fair and courtsadministrationequitableofthe Respected for legal abilities by fellow judges and attorneys who appear before the Judge 4. Known for appropriate judicial demeanor and lack of bias 5. Demonstrated service to the communitySacramentoatlarge Judge Brown drawing laughs from mom, sister (Leslie), brother (Mike) and Harrison at investiture, telling those assembled they were the Santa Rosa Von Trapp family and would now perform.
The criteria for SCBA’s Judge of the Year Award: 1. Commitment
www.sacbar.org ings, afternoons, and Wednesday afternoons, based on the levels of care needed by the clients), Re covery Treatment and Reentry Courts (alternating Monday after noons), Veterans Treatment and DUI Treatment Courts (alternating Friday afternoons), Felony Mental Health Diversion (Thursday morn ings), and Felony Expungement Calendar (Friday mornings). That sounds like a lot of “collaboration” – What does it all mean?
| Vol. 1-2022 | SACRAMENTO LAWYER 11
Judge David de Alba notes, “The Sacramento Superior Court is recognized throughout the state as an innovative leader in this field of alternative justice measures and Judge Brown in particular has been recognized by national, state, and local justice partners as instrumen tal in the success of these collabo rativeSacramento’scourts.” Collaborative Courts are a holistic approach to justice that aims to treat problems at the root causes of an offender’s con duct – be it mental health, sub stance abuse, PTSD, or a social is sue (such as being unhoused). Re ferrals to the program come from jailside services, from community providers already working with an individual who is arrested, from victims’ families, and from private defense attorneys and the Public Defender’s Office, depending on the crimes charged and the circum stances of the offender. Once a de fendant agrees to a plea and diver sion to a collaborative court, they become a “client.” Before a client’s appearance in the specific collab orative court, Judge Brown meets with a multi-disciplinary team of community treatment and service providers, probation officers, the prosecutor, and defense counsel. The team discusses the case, the client’s goals and progress forward (for instance, did the client attend an anger management class, test clean on a drug screen, or show up for medical appointments?). Le veraging the resources of various agencies, grants, or other sources of assistance to strategically ob tain the needed benefits for each individual, the team orients clients towards gaining insight into their problems and requires them to adhere to appropriate treatments with the goal of preventing fu ture offenses. When a client is on track, praise and possible gift card rewards are extended. After one year, successful clients graduate and have their charges dismissed. Graduation ceremonies are often emotional and celebratory. For 2021, the average graduation rate among the three mental health courts was 62%, with Veteran’s Court (for which a mentor system exists) even higher. With approx imately 150 individuals on pro bation across the multiple courts, Judge Brown credits the multi-dis ciplinary teams supporting this work saying, “We don’t throw in the towel Legislatorseasily.”and judges, mayors, or supervisors from other coun ties come to watch and understand how collaborative courts can re duce recidivism by providing treat ment and support to offenders, which, in turn, benefits the entire community in terms of both pub lic safety and public confidence in the judicial system. Retired Justice Arthur Scotland brings English Inns of Court Pegasus Scholars to observe these team meetings and hearings and explains: “Observing how Judge Brown interacts with the multi-disciplinary team mem
The Collaborative Court Team. Justice Tani Cantil-Sakauye speaks to Judge Brown’s UC Davis Law School Judicial Process students (Fall 2019).
Chris Carlson, Supervising Dep uty District Attorney for the Col laborative Court Unit since 2012, noted that Judge Brown is wellknown for his good communica tion skills with those who appear before him and he “runs a court in which the people in the court know that everybody’s being treat ed fairly.” Brown (with the help of his staff and the team) takes note of pets, hobbies, or family members so that when a client appears be fore him for case updates, Brown can have a personal and impact ful conversation about the client’s progress. Taking time to engage has proven essential for a client’s success. Ryan Raftery, Supervising Assistant Public Defender, notes that Brown’s ability to treat all who come before him equally, making them feel welcome, comfortable, and understood, extends to victims as well. “While he does not always do what every victim or defendant desires, each person who comes before him, including counsel, is treated with respect, knowing that their concerns are being heard and each leaves feeling that justice was served. He strikes a perfect balance between compassion and punishment in dealing with those who come before him.” Raftery also noted that Brown uses humor very effectively, helping to make a tough court more livable for all involved. Assistant Public De fender Maegan Gannon concurs, explaining that Brown’s self-dep recating humor disarms folks. She notes that for those encountering Brown in the regular intake courts where things are faster and more congested, one might not realize how funny Brown is, but his hu mor and kindness shine in the in teractions with each client in the collaborative courts. Carlson noted that even in law school, Brown was a jokester; while regular criminal court is more reserved, the collab orative courts are all about rapport and Brown’s “dad jokes” are per fect.While Brown has enjoyed each judicial assignment, he has felt especially honored to work in the collaborative courts. He reports that if “meaning” in work is a mea sure, then he has an embarrass ment of riches in work satisfaction. Another tip to attorneys, find your passion. Although oft-quoted, it is still true: If you can get paid for something you love doing, you are on the right track. Your notetaker caught up with Brown as he returned from Nash ville, where he spoke on mental health at the National Association of Drug Court Professionals con ference. He used some of his free time there to purchase souvenirs for his nieces and nephews; he cherishes being “the funcle” (a fun uncle). Brown is also very proud of his son Harrison, who is currently working on his Bachelor’s degree.
Judge Brown has previously participated in SCBA’s “Judges Se ries” from its start and has spoken at section and division events as well as at meetings for the Wom en Lawyers of Sacramento (WLS) – he is known to be a vibrant and engaging speaker. He explains, in an inspiring way, the court sys tem and jury service to jurors sit ting in the waiting room. Brown also joined the Anthony M. Ken nedy, Jr. American Inn of Court after settling in Sacramento - he eventually joined their executive committee and was President for 2019-2022. He turned over reigns at the end of this academic year, having overseen the pivot to Zoom and YouTube during the pandem ic’s lockdowns. His witty sense of humor is acknowledged as one of the reasons for the successful move online, as he kept members laugh ing, engaged, and focused on the Inn’s mission of promoting ethics, civility, and professionalism in the practice of law. Another pivot area was in teaching. Brown has taught at his alma mater, King Hall, as an adjunct professor since 1998. While he originally taught Legislative Process, he has in recent years add
Receiving acknowledgement of serving as president of Anthony M. Kennedy Inn of Court by incoming president Judge Lauri Damrell, Karen Jacobsen, and (Ret’d) Presiding Justice Art Scotland.
SACRAMENTO LAWYER | Vol. 1-2022 | www.sacbar.org12 bers and then engages with the defendants in court has been a re markable experience for the Pega sus scholars and me. We have seen offenders personally thank and credit Judge Brown and service providers for changing their lives and helping them to be productive and law-abiding members of soci ety.”
One of the courts all –time favorite and sadly now-deceased Mental Health Court graduates, Joseph Cabral, holding a “coveted” gavel pencil.
www.sacbar.org | Vol. 1-2022 | SACRAMENTO LAWYER 13
Brown and son Harrison. ed Judicial Process to that course list, depending on the semester, and is happy to be driving (with in the speed limit, of course) over the causeway for in-person classes again in lieu of online teaching. He also has engaged the youth of Sac ramento through Operation Pro tect and Defend, Gordon Schaber High School Mock Trial Competi tion, C.K. McClatchy Law and Pub lic Policy Academy and its Student Peer Court and Senior Projects Pre sentations. Just as with connecting through bar associations, Brown enjoys the synergy with students, broadening horizons and impact ing the future of the legal profes sion. Feeling an obligation to share and “be in the community,” Brown advocates for everyone to volun teer. The fourth of five kids growing up in Santa Rosa, Brown was in his teens when his sister Eileen had a schizophrenic breakdown. Brown credits his sister daily for helping him understand and empathize with those who struggle with men tal health issues. He frequently shares her experiences as an exam ple in court - so much so that when he occasionally meets graduates of mental health court out “in the world,” they’ve inquired how his sister is doing. Brown will soon be speaking (again) at this year’s judge’s con ference, giving a “TED” style talk on seeking wellness in unwell times. He’s learned from those who appear before him that every one is facing some battle; everyone is in recovery from something, be it pandemic depression, isolation, losses, or disappointments. His last tip to attorneys: Be nice to your Judge!
By Larry Doyle
The BOT’s first responded by creating a Task Force on Access Through Innovation of Legal Ser vices (ATILS). Well-stocked with non-lawyers and technological in novators, the ATILS task force is sued a report in late Summer 2019 recommending some major chang es in the practice of law. Mostly the recommendations involved re moving or relaxing existing prohi bitions against the practice of law by non-lawyers (the Unauthorized Practice of Law, or UPL) to permit trained non-lawyers to provide designated legal services. The re port also recommended remov ing impediments to ownership of law firms and other legal services delivery mechanisms by non-law yers, including ethical rules (par ticularly California Rule of Profes sional Conduct 5.4).
Legislature and State Bar at Odds Again
What is the California State Bar? And what is it sup posed to be doing? Right now, the Bar and the Leg islature don’t seem to agree on an answer. Which is creating extreme tension as the current legislative session approaches its end. The State Bar is the agency charged with licensing and reg ulating the state’s attorneys, and its primary purpose, as set forth in Business and Professions Code section 6001.1, is protecting the public. The Bar has been tasked by the Legislature and the Supreme Court with other things, such as advancing access to legal services and administering a Client Secu rity Fund to reimburse people in jured by bad attorneys. However, “(w)henever the protection of the public is inconsistent with other in terests sought to be promoted,” the statute says, “the protection of the public shall be paramount.”
SACRAMENTO LAWYER | Vol. 1-2022 | www.sacbar.org14 FEATURE ARTICLE
Larry Doyle is a veteran of decades of experience with the California Legislature, including 18 years as Chief Legislative Counsel for the California State Bar. He also is a former member of the State Bar’s Committee on Professional Responsibility and Conduct and is currently a staffer for the SCBA. He can be reached at larry.doyle@sacbar.org.
The ATILS report was sent out for public comment and the re sponse was overwhelmingly nega tive. Roughly 75% of the comment ers, mostly lawyers, condemned the task force recommendations as opening floodgates to fraud and fi nancial exploitation of the public. Supporters of the recommenda
There is ample evidence that the Bar has not done a good job of meeting that paramount charge. The California State Auditor, which is required to audit the Bar at least every two years (B&P §6145), and more often if the Legislature wills it, has given the Bar’s attorney disci pline process low marks in three of its most recent audits, those of 2022, 2021, and 2015. The 2022 audit, released in April, was titled: “The State Bar of California’s Attorney Discipline Process: Weak Policies Limit Its Ability to Protect the Pub lic From Attorney Misconduct.” These problems in fulfilling its core mission notwithstanding, the Bar has always seen its role as somewhat broader. With the Legis lature’s blessing, the Bar had long been engaged in efforts to increase the availability of legal services to those who can’t afford it. It also has added to its core Mission Pro moting Diversity and Inclusion in the Legal profession. But in 2018, the Bar’s Board of Trustees (BOT) was presented with a Legal Mar ket Landscape Report that inspired them to pursue what many saw as a higher calling. The report con vinced the BOT that there was a massive shortfall in the availability of affordable legal services; so great a shortfall that there was no way it could be met with our existing or foreseeable supply of lawyers. The BOT determined that it was the Bar’s job to address this problem.
tions dismissed the opposition as a bunch of greedy lawyers trying to protect their bottom line. In the days when the State Bar governing board was comprised primarily of lawyers elected from geographic districts by other law yers, the overwhelming negative comment likely would have been the end. But the Legislature re cently reorganized the Bar’s gov ernance so that it is now complete ly appointed, not elected, and has nearly as many non-lawyers (6) as lawyers (7). So the new BOT essen tially ignored the negative public comment and proceeded to explore some of the recommendations by creating working groups.
On June 15, the same Legislators escalated by amending a bill, AB 2958 by the Assembly Committee on Judiciary that Stone chairs, to ef fectively bar the Bar from proceed ing down its current course – or at least imposing narrow guardrails to restrict what they do. Under the bill, the Bar committees would be required to prioritize protecting individuals from unscrupulous ac tors above all things, further prior itize increasing access to justice for indigent persons, and not abrogate existing statutory restrictions on the unauthorized practice of law. More specifically, the bill would bar the committees/working groups from doing anything to change the law that currently pro hibits “corporate ownership of law firms and splitting legal fees with nonlawyers, which has historical ly been banned by common law and statute due to grave concerns that it could undermine consumer protection by creating conflicts of interests that are difficult to over come and fundamentally infringe on the basic and paramount obliga tions of attorneys to their clients.” The bill would further bar the Bar from expending “any funds, re gardless of the source, on activities that do not meet the requirements of this section.”
The Bar did not like the amend ments, of course, with many of the proponents of change accusing the amendment authors of protecting the interests of lawyers, not the public. But the Bar’s options to fight the amendments is constrained by the fact that AB 2958 is also the an nual State Bar Fee bill, whose pas sage is essential to the Bar’s contin ued existence because it is needed to continue the Bar’s authorization to collect the attorney license fees that support its operations. Failure to enact a Fee Bill, as has happened in the past, at best severely impacts the Bar until follow-up urgency leg islation can be enacted, and once re sulted in a two-year near shutdown for the Bar. Bottom line: The Bar can’t threaten to kill this bill (even if it could) without risking its own existence. Instead, the Bar leadership has been trying to convince the Leg islature that studying these issues poses no risk to the public, that anything substantive proposed by the working groups would re quire legislative approval any, and that the working groups should be allowed to continue their ef forts. Meanwhile, at least one of the working groups, the CTJG, continued to meet to consider the “sandbox” concept amidst some grumbling by members over the “bullies” in the Legislature.
On August 11, as this article was going to press, AB 2958 was amended again – but not in any way that would seem to please the Bar. Outside of some technical lan guage changes, the main thing the amendments do is require the Bar to report by January 15, 2023 (the bill is an urgency measure and will take effect upon signature, not Jan uary 1 like regular bills), on how much the Bar has spent on things related to the creation of a sandbox or the licensing of paraprofession als. Senate Judiciary Chair Um berg has been quoted as saying Bar leaders “are wrong-headed in their priorities and in my view, they’re misusing funds.” August 25 is the last day for fur ther amendments to be made to the bill. Just another day at the junction of State Bar and California Legisla ture.
The first of these groups, a California Paraprofessional Working Group (PWG) was charged pri marily with addressing the idea of permitting non-lawyers to pro vide legal services. The second, the Closing the Justice Gap Working Group (CJGWG), was more broad ly charged to analyze other possi ble means to deliver legal services to the people, including non-law yer ownership of legal service de livery mechanisms. A key element of this would be the creation of a “sandbox,” a running pilot pro gram through which alternative legal service delivery proposals can be tested, theoretically without fear of public harm.
The response from the Legisla ture was not positive. In December 2021, the chairs of the Senate and Assembly Judiciary Committees, Senator Tom Umberg and Assem blymember Mark Stone, sent a letter to the Bar warning that some of the ideas under consideration, particularly the idea of permit ting the ownership of law firms by non-lawyers, would lay waste to ethical standards that require at torneys to place the interest of their clients first, as opposed to corpo rate fiduciary law that requires stockholder interests be given pri macy. The letter’s admonitions seem to have fallen on deaf ears. Both of the working Groups continued to hold meetings and work towards non-lawyer provision of legal ser vices and ownership of law firms.
SACRAMENTO LAWYER | Vol. 1-2022 | www.sacbar.org16 MEMBER HIGHLIGHT
HIGHLIGHTMEMBER
From the outset, opposing counsel blamed him for the incident and at the same time tried to minimize his damages based on his status as a Mexican immigrant. It was an ex tremely difficult case to prove. But one mistake by opposing counsel led us to uncover the defect, short ly before trial, that they already knew about. Three difficult months later, we obtained an eight-figure verdict. Nissan appealed. Three years later, in December of 2021, we finally obtained a decision by the Third DCA confirming the ver dict. Our client had almost given up at that point. He was living in a rehabilitation facility for years away from his children and fami ly. Now, our client can make plans to move closer to his family and live with his children. He requires a significant amount of funds to take care of himself medically for the rest of his life. Now, he can do that and provide for his children – something he was robbed of do ing on the day of the incident and something we have given back to him. I learned so much from work ing with my partners Roger Dreyer
When did you know you wanted to become a lawyer?
All the cases I have tried have been great experiences, but the best most fulfilling experience was a case I was involved in as third chair in Yolo County against Nis san in 2018. It was a three-month long product defect bench trial in volving a 28-year-old Spanish-only speaking father of four boys, who was rendered a quadriplegic as a result of his 2001 Nissan Xterra crashing against a parked big rig.
What has been your most fulfilling experience so far as a Noemi:lawyer?
Noemi Nuñez Esparza, Partner – Dreyer, Babich, Buccola, Wood, Campora, LLP
I grew up in the East Bay after emigrating from Mexico when I was six. My childhood was not one I would wish on any child. But I guess what came of it and part of what led me to where I am today is that I watched a lot of Perry Ma son. That and the injustices that I experienced also led me to believe that becoming a lawyer would em power me with the knowledge to fight injustices.
Where did you grow up and what did you like best about your Noemi:childhood?
Noemi: In eighth grade, under our yearbook picture, it states what each of us wanted to be when we grew up. Mine said “Lawyer”. So, by age 12, I had my mind made up.
What do you like best about practicing personal injury law?
Noemi: Working for the underdog. My boss, Roger Dreyer, is the ul timate champion of protecting the underdog and that fit with my goals of helping the voiceless. My job is rewarding because we make a difference in people’s lives. Many of our clients have gone through life altering events and even those with a minor incident, usually have gone through an ordeal just getting back to how things were before the incident. While we can not do what all our clients would wish for (i.e., turn back the clock so that the event never happens), being able to resolve the issues for them and provide compensation to help them get back or try to get back some of what they have lost is meaningful to them. I know that without our help, clients will not be treated fairly.
Noemi: I have two. The first is that as a law clerk, my boss, Roger Drey er, allowed me to examine a key witness in a multi-million-dollar brain injury case in Fresno. The sec ond surprising fact is that I was in Noemi on vacation with her children.
Noemi: I am a single parent of two children ages 10 and 12. Though I share 50/50 custody, the reality is that it is more accurately character ized as a 75/25 situation for a vari ety of reasons. So, it keeps me pret ty busy. I also have two dogs and two cats which probably makes me a glutton for punishment. I re ally don’t know how I manage. I also don’t believe there really is a balance for working mothers. It is more accurately depicted as a bal ance of sacrifices with the goal of not sacrificing too much in any one area of your life and as soon as you see that you are, you have to make up for it. In 2018, for example, I was in trial in three separate cases for a total of four to five months. There is no balance taking place then. Clients and trial took priority. When my children get sick, there is no balance, that takes priority. It is a constant juggle and I never feel I do it well, but I do the best I can and take it one day at a time.
Noemi: Politics has always been an interest of mine aside from the law. I would probably be working in politics as that is where I was be fore law school. I had to work after college, before I could go to law school. I worked a couple years do ing political fundraising and a few years after that in the legislature working for an assemblymember. Tell us a little bit about your family, and how you manage to balance your professional life with your family life?
If you hadn’t become a lawyer, what do you believe that you would be doing right now?
www.sacbar.org and Bob Bale on this case. To learn and contribute to the team that made all this happen feels incred ibly rewarding. Is there anything you don’t like about being a lawyer? Please Noemi:describe.
Noemi: I love anything related to water, especially the beach. I love rock climbing, hiking and travel ling, though I have not been able to do much of anything but work and tend to my children in the last few years. I love watching sports live, especially if my children are playing. My son’s baseball team just won the District Champion ship and almost won Sectionals. Going through the last few seasons with him in baseball has made me a baseball fan. Now I get to see him compete in soccer and I cannot wait for the school year when my daughter starts playing volleyball and basketball. Those games are like my meditation time. I am fo cused on them and can forget ev erything else. What’s your idea of the perfect vacation spot and how would you spend your time?
| Vol. 1-2022 | SACRAMENTO LAWYER 17
I am still learning to forgive my self when I start feeling like I am not fulfilling any one role 100% the way I want to. Do you have any hobbies or activities away from the office that you’re passionate about?
Noemi: Anywhere away from work is a vacation. And I would spend it with my children learning something new. Where’s a destination you’ve never been to, but always wanted to Noemi:go? This is an impossible question to answer. I want to go everywhere! I want to travel in the U.S. and every other country. I hav en’t been to many places other than my home country and Hawaii. I do love Hawaii. Tell us something about you that would surprise our readers?
It can be taxing being in a constant adversarial environment. Even if opposing counsel is cordial, we are fighting against falsehoods about our clients. We are fighting the insurance companies. We are fighting the lienholders who want their money back from paying for medical care despite the fact that they have been paid premiums for that same medical care. It is tiring to always be the underdog in a sys tem stacked against our clients.
Follow your instinct. Do what is right for you. Do not worry about the money. Things will al ways work out if you do things for the right reasons, even if the path is not one you envisioned or planned. Be open minded and strive to learn as much as you can. Most impor tantly, find a mentor. I am blessed I found my mentor, Roger Dreyer, who believed in me when no one else probably would have and gave me many great opportunities to learn and grow. What do you like best about practicing in the Sacramento Noemi:area? It is a smaller community where you can get to know people better. It is a better quality of life when you have children. Sacramento Lawyer plans to publish member highlights in future editions. If you would like to propose an SCBA member to highlight, please submit names to editor@sacbar.org.
1/2 Page Ad NOV/DEC Judge Van Camp Approval is needed to run your ad, #1 AD PROOF MARKTHEREACHINGCENTURY Requires Knowledge Beyond Our Years CO UNTY BAR ASS OC IATION MAGAZINE 9HoweAve., #100 • Sacramento,CA 95825 DATE DecemberMonday15, 2014 TIME 11:30 Check in 12:00 Lunch PLACE Sheraton Grand 1230 J Street KeynoteInstallingSpeaker:SCBAO cers & RecognizingDirectors100%Firms SCBA Annual Meeting MCLE Prior to Annual Meeting FREE for SCBA Members $100 for Non-Members 1 Hour Ethics - Topic: “Attorney Fees, Practically and Ethically” Speaker: Kenneth Bacon of Mastagni 10:30-11:30amHolstedt Honoring Distinguished Attorney of the Year Justice Arthur Scotland Ave., Suite 120 • Sacramento, CA 95825 Judge Brian R. Van Camp Superior Court of CA, County of Sacramento (Ret.) (916) VanCampADR.com515-8442 Member, AAA Panels on: Commercial & Complex Civil Employment & Labor State Commissioner of Corporations - Three years Business & Commetcial Real PartnershipEstate & ComplexConstructionDisputesShareholderDefectsCivilLitigation • Business & Commercial • Real Estate • Par tnership & Shareholder Disputes • Cons truction Defects • Complex Civil Litigation Judge Brian R. Van Camp, Ret. Office: (916) 515-8442 Cell: (916) 425-1469 2443 Fair Oaks Blvd. #397 • Sacramento, CA brvc@vancampadr.com95825
Noemi: In general, one of the big gest challenges is probably navi gating this post Covid world and using technology. Some lawyers are well versed in technology and want to rely on it 100% and do away with paper. However, technology has its drawbacks. It glitches and does not always work. Thus, making that transition from our traditional way of doing things to one that heavily relies on tech nology is a great challenge, from my Theperspective.othergreat challenge is diver sifying our membership. We need more women lawyers in my area of law, but I suspect in all areas. We need more women of color. That is a very long discussion for another day. Do you have any advice for young Noemi:lawyers?
What do you see as the biggest challenges facing lawyers today?
SACRAMENTO LAWYER | Vol. 1-2022 | www.sacbar.org18 labor with my second child while in trial with Roger Dreyer. I had been in labor since 5:00 a.m. that morn ing but I had witnesses to examine and I didn’t want to miss that op portunity! I didn’t tell my boss until lunchtime that I was in labor. I had been at the counsel table through his exams looking like I was taking notes, but I was really counting the time between contractions. When my turn was up, I was able to get through those exams without any issues. However, by the time we ended that day, and I was in the car, I was experiencing difficul ty pressing on the pedal when the contractions came. I still went home thinking I probably had a long way to go. I clearly underestimated how far along I was because on the drive to the hospital I needed to push. My second child basically flew out as soon as I got to the hospital bed.
Ashley Harvey is a Board Member of SacLegal, Sacramento’s LGBTQ+ Bar Association, and a consumer fraud and environmental protection prosecutor with the Yolo County District Attorney’s Office. She may be reached at ashleyharvey.fcsl@gmail.com.
Judicial MudrykJusticeCelebrationDiversityHonoringEarlandJudge
Justice Earl during her moving remarks to guests.
By Ashley Harvey SacLegal Co-Chair AJ Wipfler started the night’s special event.
O n April 21, 2022, the Uni ty Bar affiliates (SacLe gal, Wiley W. Manuel Bar Association, Women Lawyers of Sacramento, SABA of Sacramen to – South Asian Bar Association, Cruz Reynoso Bar Association, Leonard Friedman Bar Associ ation, and Asian Pacific Bar As sociation of Sacramento), along with the Sacramento County Bar Association Appellate Law Sec tion, ABOTA Sacramento Valley Chapter, and Lincoln Law School celebrated the elevation of Jus tice Laurie M. Earl to California’s Third District Court of Appeal, and the appointment of Judge Andi Mudryk to the Sacramento Superior Court. Presiding over cases in the Sac ramento County Superior Court since 2005, Justice Earl is now the fifth LGBTQ person serving on one of the state’s six appellate courts and the first LGTBQ judge for the Third District Court of Appeals. Judge Mudryk also made history as the first openly transgender per son appointed to serve as a judge in California and is the second trans judge on the bench in the State. She previously held the role of Chief Deputy Director at the California Department of Rehabilitation, a member of the disabled communi ty herself. Many judicial officers, attorneys, and students gathered at Camden Spit and Larder on Capitol Mall to enjoy hors d’oeuvres and drinks on the outdoor patio and adjacent indoor restaurant space. SacLegal Co-Chair AJ Wipfler provided welcoming remarks and intro duced the Sacramento Gay Men’s Chorus who provided a moving rendition of the National Anthem. SacLegal Board Member Lexi P. Howard highlighted the impor tance of the night’s event and in troduced Jude Mudryk. Lexi re marked, “I’ve known her to be at the forefront of so many efforts for our Sacramento community, an advocate for intersectionality, and a friend to many. She is consis tently thoughtful and an expert at finding creative solutions among many different voices.” Judge Shama Mesiwala introduced Jus tice Earl and provided the follow ing personal insight, “She taught me and so many others the sub stance of the law, how to run an efficient and effective courtroom, and how to do so with joy. She proudly serves as its first openly gay justice and its ninth female justice.” Justice Earl and Judge Mudryk gave separate, moving speeches and thanked their family mem bers and supporters. Of the event, Justice Earl said, “The celebration was a true reflection of the char acter of Sacramento’s legal com munity. The value SacLegal and our sister bar associations place on recognizing and honoring di versity and achievement among us is very special, and I feel in credibly proud to be a part of this community.” Judge Mudryk also commented, “It is critical that
SACRAMENTO LAWYER | Vol. 1-2022 | www.sacbar.org20 EVENTS
www.sacbar.org | Vol. 1-2022 | SACRAMENTO LAWYER 21
Judge Mudryk during her inspirational speech to the large gathering of attendees. the court reflects the community that it serves for many reasons, so that those who appear before the courts have confidence that the courts understand their commu nities.” The hosts are thankful to all at tendees and sponsors of the special night, and to the Unity Bar affili ates who put in endless effort to recognize diversity and inclusion in the Sacramento community and our legal profession. After such a long hiatus on in-person events, it was a joyous time to be in the same room together with both the hon orees and numerous guests to cele brate judicial diversity. Barbara Souza at
bsouza@sacbar.org.
Upcoming Dates October 1 SCBA 2023 Membership Drive Renewals for 2023 go out to SCBA Members October 27 Evening with the Mayors Hyatt Regency Hotel DecemberSacramento6 Annual Member Meeting Sheraton Grand Hotel Sacramento For more information please contact
By Patricia Newman
Millions of years ago, before Washington became a state, before humans walked the earth, before wooly mammoths roamed, powerful forces transformed rocks under the sea into mountains that touched the sky. Rocky, craggy, rough, and steep. Ice fields blanketed mountains and lowlands, and fed smaller glaciers that marched slowly forward, carving the narrow canyons and broad valleys where the Elwha River would soon flow. kids about ocean plastic, how sea otters save a seagrass ecosystem, and scientists who study elephants by listening to them – complex science topics that I knew I could share in a way that would cultivate a child’s interest and compassion for nature. I started digging. The mighty El wha flows from its headwaters in the Olympic Mountains 45 miles north to the sea. But its history is long, as described in the below passage from A River’s Gifts I interviewed Theo and several other stakeholders for prelimi nary research, including Olympic National Park scientists, mem bers of the Lower Elwha Klallam Tribe, politicians, and community members, Next, I created a pro posal to outline my idea for my editor. My agent submitted the proposal in February 2019. By July, I had an offer. In September, I visited Washing ton to begin researching in earnest. I prefer to interview experts on site
SACRAMENTO LAWYER | Vol. 1-2022 | www.sacbar.org22 Editor’s Note: You may have seen Patricia Newman lurking in the background at an Eastern District Conference, but she’s not a lawyer. She’s the wife of Chief Magistrate Judge Kendall J. Newman (East ern District of California) and an award-winning children’s author The court family inspired Patricia’s newest book, A River’s Gifts: The Mighty Elwha River Reborn. Patri cia describes below how the federal court family inspired her latest book. It all started with a casual con versation in September 2018, be tween Ken and Magistrate Judge Allison Claire about where her col lege-aged triplets worked the past summer. Allison mentioned that one of her triplets, Theo, scored an internship with the Elwha River Restoration on the Olympic Pen insula in Washington. Engineers had just breached two dams to drain Lake Aldwell above the onehundred-year-old Elwha Dam and Lake Mills above the eighty-fiveyear-old Glines Canyon Dam. Theo helped replant the barren lakebed with native seeds and seedlings and became one member of a small army of botanists and volunteers who went on to plant 400,000 plants on 800 acres of lakebed over sevenWhenyears.Ken arrived home that eve ning, he told me about Theo and said the Elwha River Restoration seemed like a great idea for a book. I had already written books for FEATURE ARTICLE
Sibert Honor author and two-time Green Earth Book Award winner Patricia Newman writes books that show readers how their actions ripple around the world. She empowers readers to seek connections to the real world and to use their imaginations to act on behalf of their communities. Patti frequently speaks at schools and conferences to share how children of any age can affect change. Visit her at www.patriciamnewman.com
Federal Court Family Inspires Nonfiction Book for Children
Trailer link: https://youtu.be/ wEAseYWS18Y
www.sacbar.org | Vol. 1-2022 | SACRAMENTO LAWYER 23 to see what they see and hear what they hear. I learned about salmon from a fish biologist at Olympic National Park. A tribal host gave me a tour of the Lower Elwha Klal lam Museum. She shared the tribe’s connection to salmon, plus their stories, language, and ceremonies. I visited a tribal fish hatchery built to keep the salmon run alive for the Lower Elwha Klallam people while the river was dammed. A botanist took me on a hike to one of the former lakebeds, now a riot of plants native to the area. We found a formerly submerged cedar stump with the logger’s ax cut still visible.
Three main themes emerged: 1) the importance of collaboration between scientists, government of ficials, Olympic National Park, and the Lower Elwha Klallam Tribe to restore the river ecosystem; 2) the role of science in the functions of the ecosystem and the dam remov al process; and 3) the hope inspired by a successful conservation effort. After my editor and I finalized the text, I waited for Natasha Don ovan to complete the illustrations. She worked for nearly a year. As the book went to the printer in the spring of 2021, I turned my at tention to a book trailer and won dered aloud if I could find a child to narrate. Once again, Ken stepped in with an idea. He suggested Staff Attor ney Sujean Park Castelhano’s sixyear-old daughter as a possible voice-over narrator. I forwarded a digital file of the book and the script of the trailer to Sujean, who wrote to say, “She loved your book and she read most of it to ME and only needed help pronouncing a handful of words.” Most six-yearolds don’t have voice-over expe rience, but Bea, aka “Bebe”, was a natural. I recorded her reading one sentence of the script at a time to make it easy for her. Because of her advanced reading skills, we made it through in one take! Remember that old joke about the lawyer who would have writ ten a shorter brief but didn’t have the time? Children’s book authors must always take the time to be concise yet thorough. Our vocab ulary must challenge yet clarify. Active verbs must evoke images. Most picture books for ages four to eight have 32 pages and fewer than 800 words. A River’s Gifts for ages eight to twelve, has 48 pages and roughly 1,700 words. The pas sage above about the beginnings of the Elwha River covers millions of years of geologic history in 64 words using a lyrical style that mimics the flow of the river. The trick is finding the right words, the right voice, and the right rhythm that keep my readers turning pag es. I read aloud to myself a lot and even record myself reading so I can listen. Book making takes a village. The federal court family was my village for A River’s Gifts. The entire expe rience is best summed up in Alli son’s note to Theo when we learned my editor bought the book: “Just imagine in a couple of years there will be children reading this book, or having it read aloud to them, and becoming inspired just as you were inspired as a child by our Ra chel Carson picture book. And you will have been part of that!” For me, that’s what writing is all about. Inspiring a generation of kids to read about and connect to nature to empower them to act on what they have learned.
A Junior Library Guild Selection.
From left to right: Sujean Park Castelhano, Bebe Castelhano, Ken Newman, Theo Claire, Allison Claire, Patricia Newman.
love LawPay! I’m not sure why I waited so long to get it set up. – Law Firm in Ohio + Member Benefit Provider
Get started at lawpay.com/sacbar877-759-4525 TOTAL: $1,500.00 New Case Reference **** **** **** 9995 *** Trust Payment IOLTA Deposit YOUR FIRM L OGO HERE PAY AT TO RNEY PO WE R ED BY 22% increase in cash flow with online payments Vetted and approved by all 50 state bars, 70+ local and specialty bars, the ABA, and the ALA 62% of bills sent online are paid in 24 hours Data based on an average of firm accounts receivables increases using online billing solutions. LawPay is a registered agent of Wells Fargo Bank N.A., Concord, CA, Synovus Bank, Columbus, GA., and Fifth Third Bank, N.A., Cincinnati, OH. Trusted by 50,000 law firms, LawPay is a simple, secure solution that allows you to easily accept credit and eCheck payments online, in person, or through your favorite practice management tools.
I