2022 Judge of the Year: A Grateful Judge Lawrence Brown

By Heather Cline Hoganson

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 at Heather.Hoganson@ca.ca.gov.

While Judge Lawrence "Larry" Brown is no stranger to jury trial work, he has become “the face” of Sacramento’s Collaborative 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 attended 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 District Attorney’s Office. There, he prosecuted a wide array of felony and misdemeanor cases, 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-

Young Larry and big sister Eileen.

torney took charge of the California 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, often 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 Sacramento County Bar Association

Leslie, Larry, Dad and Sybil.

(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 attorneys 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, and tolerance.

Brown started thinking about becoming a judge while at CDAA but felt it was “too soon.” After nearly 10 years with CDAA, Brown joined his friend McGregor Scott at the U.S. Attorney’s Office (Eastern District) for seven years, where he served as second-in-command of the federal prosecutor’s office. “It was fascinating to learn the federal world,” he explained. Brown personally prosecuted political

Larry Brown as CDAA Executive Director, 1996.

Larry Brown at the US Attorney’s Office.

corruption, mortgage fraud, child exploitation, mail theft, and counterfeiting cases, including before the Ninth Circuit Court of Appeals. Brown became Acting, then Interim, Director upon Scott’s departure in early 2009.

The criteria for SCBA’s Judge of the Year Award:

1. Commitment to the principles of the SCBA

Mission Statement

2. Commitment to the fair and equitable administration of the courts

3. 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 Sacramento community at large

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.

In January 2010, Brown “came home” from federal to state law when he was appointed to the Sacramento Superior Court by Governor Schwarzenegger. From appearing in various courts, Brown knew what it was like to appear before judges where it was “a pleasure” and wanted to create a similarly welcoming court. As a judge, he never wants to add unnecessary or needless stress on litigants or counsel, since he understands what they are juggling. His choice of staff reflects his tone, as he credits his clerk, bailiff, and court reporter with carrying forward that welcoming attitude in the courtroom.

Beginning with presiding over criminal jury trials, Brown added Proposition 36 – Three Strike resentencing petitions when the original sentencing judge was unavailable. In 2013, he “serendipitously” was assigned to preside over Mental Health Court (a diversionary collaborative court for severely mentally-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 collaborative court for offenders dually-diagnosed with severe mental illness and substance abuse disorders) 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 Advisory 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 calendars. Kelly Babineau, who had a 5-week trial with him in 2016, noted that Brown is well-known for giving both sides the opportunity 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 Probation Officers of California (2019 Judicial Officer of the Year) and by the County Behavioral Health Directors Association of California (2017 Behavioral Health Champion).

From 2020 to present, Brown serves as the Supervising Judge of the Collaborative Courts, presiding over three Mental Health Treatment Courts (Tuesday morn-

ings, afternoons, and Wednesday afternoons, based on the levels of care needed by the clients), Recovery Treatment and Reentry Courts (alternating Monday afternoons), Veterans Treatment and DUI Treatment Courts (alternating Friday afternoons), Felony Mental Health Diversion (Thursday mornings), and Felony Expungement Calendar (Friday mornings). That sounds like a lot of “collaboration” – What does it all mean?

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 instrumental in the success of these collaborative courts.”

Sacramento’s Collaborative Courts are a holistic approach to justice that aims to treat problems at the root causes of an offender’s conduct – be it mental health, substance abuse, PTSD, or a social issue (such as being unhoused). Referrals 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-

The Collaborative Court Team.

stances of the offender. Once a defendant agrees to a plea and diversion to a collaborative court, they become a “client.” Before a client’s appearance in the specific collaborative 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?). Leveraging the resources of various agencies, grants, or other sources of assistance to strategically obtain 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 future 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 approximately 150 individuals on probation across the multiple courts, Judge Brown credits the multi-disciplinary teams supporting this work saying, “We don’t throw in the towel easily.”

Legislators and judges, mayors, or supervisors from other counties come to watch and understand how collaborative courts can reduce recidivism by providing treatment and support to offenders, which, in turn, benefits the entire community in terms of both public 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-

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.

bers and then engages with the defendants in court has been a remarkable experience for the Pegasus 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 society.”

Chris Carlson, Supervising Deputy District Attorney for the Collaborative Court Unit since 2012, noted that Judge Brown is wellknown for his good communication skills with those who appear before him and he “runs a court in which the people in the court know that everybody’s being treated 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 before him for case updates, Brown can have a personal and impactful 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 Defender Maegan Gannon concurs, explaining that Brown’s self-deprecating 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 humor and kindness shine in the interactions 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 collaborative courts are all about rapport and Brown’s “dad jokes” are perfect.

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 measure, then he has an embarrassment 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 Nashville, where he spoke on mental health at the National Association of Drug Court Professionals conference. 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 Series” from its start and has spoken at section and division events as well as at meetings for the Women Lawyers of Sacramento (WLS) – he is known to be a vibrant and engaging speaker. He explains, in an inspiring way, the court system and jury service to jurors sitting in the waiting room. Brown also joined the Anthony M. Kennedy, 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 pandemic’s lockdowns. His witty sense of humor is acknowledged as one of the reasons for the successful move online, as he kept members laughing, 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-

One of the courts all –time favorite and sadly now-deceased Mental Health Court graduates, Joseph Cabral, holding a “coveted” gavel pencil.

ed Judicial Process to that course list, depending on the semester, and is happy to be driving (within 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 Sacramento through Operation Protect and Defend, Gordon Schaber High School Mock Trial Competition, C.K. McClatchy Law and Public Policy Academy and its Student Peer Court and Senior Projects Presentations. Just as with connecting through bar associations, Brown enjoys the synergy with students, broadening horizons and impacting the future of the legal profession. Feeling an obligation to share and “be in the community,” Brown advocates for everyone to volunteer.

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 mental health issues. He frequently shares her experiences as an example 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 conference, giving a “TED” style talk on seeking wellness in unwell times. He’s learned from those who appear before him that everyone 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!

Brown and son Harrison.