Sacramento Lawyer Magazine Vol. 1-2023. Sacramento County Bar Association Publication

Photo by Eleakis Photography: www.elekis.com

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 by the Sacramento County Bar Association, 8928 Volunteer Lane, Suite 250, Sacramento, CA 95826. Issn 1087-8771. Periodicals postage paid at Sacramento, California. Postmaster: Send address changes to Sacramento Lawyer, 8928 Volunteer Lane, Suite 250, Sacramento, CA 95826. Copyright 2023 by the Sacramento County Bar Association.

OPTIMISM

By Andi Liebenbaum (she/ella)

• Kids Law Days in April.

• The Bench-Bar Reception in May recognizing Unites States District Judge Troy Nunley as SCBA Judge of the Year.

• A recognition and celebration of Nathaniel Colley, SCBA’s first African American member, in June.

• The Unity Bar gala in autumn.

• The Annual Meeting, introducing new SCBA leaders and the Distinguished Attorney of the Year in December.

• Partnerships and programs

SCBA sections and divisions throughout the year.

If you heard my remarks this past December after I took the oath of office as president of our association, you will recall that I said – repeatedly – the best and the brightest attorneys join their local bar associations. No doubt I was right. The team I get to work with is accountable and hard-working. The work we are signing up to do to spread the load and be successful is impressive. The diversity of practice

OPTIMISM. There are few words that can capture the spirit of a new term for the presidency of the Sacramento County Bar Association, and frankly, not ev ery president would pick the same one. (My immediate predecessors, Hawkins and Trevor Carson dealing with the thick of the pandem ic. I suspect optimism wasn’t the word that came to mind.) But I

Not just because COVID seems to be less aggressive and dastardly today than three years ago. Not simply because we have had the first rainy (if somewhat in tense) winter in years. Not just because kids are back in school and many of us are back at work. I am optimistic be cause the leadership and membership of the SCBA board of directors is impres sive and dynamic. These are very busy attorneys who, nevertheless, are intent on serving you, strengthening the as sociation, and revitalizing the connec tions that make our legal community enviable throughout the state. Here are some services and activities to look out for and attend:

Andi Liebenbaum , 2023 President, Sacramento County Bar Association

Your 2023 SCBA Board of Directors:

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

VICE PRESIDENT Connor Olson Law offices of connor w. oLson connor@cwo-law.com

TREASURER

Angelina Ray Pacem temPestate Law angelina@pacemtempest.com

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

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

Sara Dudley caLifornia dePartment of Pesticide reguLation sarafdudley@gmail.com

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

Shari Covington caLifonia medicaL assn scovington@cmadocs.org

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

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

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

ALJ Alberto Rosas cPuc albertorosas@yahoo.com

Justin Ward the ward firm thewardfirmca@gmail.com

SECTION REPRESENTATIVES

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

Dustin Amrein downey Brand damrein@DowneyBrand.com

Larenda Delaini

Larenda deLaini Law larenda.delaini@gmail.com

BARRISTERS' CLUB OF SACRAMENTO DIVISION

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

SOLO/SMALL PRACTICE DIVISION

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

SCBA DELEGATION TO THE CONFERENCE OF CALIFORNIA BAR ASSOCIATIONS

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

SACRAMENTO COUNTY BAR FOUNDATION

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

AFFILIATE ORGANIZATION REPRESENTATIVES

Capitol Pro Bono

Heather Tiffee

caPitaL Pro Bono htiffee@capitalprobono.org

Asian/Pacific Bar Association

Jinnifer Pitcher dePartment of Justice jinniferpitcher@gmail.com

Capitol City Trial Lawyers Association

Daniel Glass

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

Federal Bar Association

Victoria Boesch

u s attorney's office eastern district

Leonard M. Friedman Bar Association

Eliezer Cohen gavriLov & Brooks ecohen@gavrilovlaw.com

Cruz Reynoso Bar Association

Brian Lopez LoPez Law firm Pc brian@lopezlegalservices.com

South Asian Bar Association

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

SacLegal Bar Assoc.

Annette Rose gordon & rees arose@grsm.com

J. Reuben Clark Society

Paul Hoybjerg hoyBJerg Law paul@hoybjerglaw.com

St. Thomas More Society Association

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

Wiley Manuel Bar Association

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

Women Lawyers of Sacramento

Kathy Meola aaLrr kathryn.meola@aalrr.com

CA Lawyers for the Arts VACANT

Paralegals Association

Jessica Kloepfel sacramento vaLLey ParaLegaL association jessicasnuts@gmail.com

Legal Secretaries Association

Dawn Willis downey Brand, LLP dwillis@downeybrand.com

Why You Should Join the Conference of California Bar Associations

By Shaun Dabby Jacobs

Have you ever thought “this law should be changed or amended,” or “it should not exist at all?” Have you ever thought “there ought to be a law about this”, but when you researched the applicable legal authorities, you found no law existed that addressed the topic you researched? Do you enjoy debating policy and the law as well as meeting incredible people from across the state? Are you passionate about the State of California and improving its laws? Well, you’re not alone.

Every year, delegates from regional, specialty and affinity bar associations throughout the state gather to discuss and debate how to improve California law at the nonpartisan Conference of California Bar Associations (“CCBA” or “Conference”), which is held in a different location each year. The annual Conference also offered MCLE credit for participation.

Proposed legislation is carefully vetted and analyzed before it reaches the floor of the Conference. In the spring, bar association delegations submit proposed legislation, called resolutions, to CCBA for consideration at the autumn Conference. The resolutions then go to CCBA’s Resolutions Committee (ResCom) for analysis and

Shaun Dabby Jacobs, CCBA Chair and Past President

a recommendation. ResCom members research and analyze each resolution and write a report recommending whether the Conference should approve, disapprove, or amend the resolution. In addition, participating bar associations may also submit their own analyses of the resolutions. In the summer, ResCom posts its reports online with recommendations, along with the votes of all delegations for each resolution.

During the Conference, delegates from various bar associations debate the resolutions and often propose amendments to the resolutions to address issues and problems raised in the ResCom and bar associations’ analyses. In 2022, the Conference considered 53 resolutions. In prior years, the Conference has often considered 100 resolutions. All resolutions that were submitted by the different bar associations can be found on CCBA’s website at www.ccba.law.

Once the Conference passes a resolution, the proponents of the resolution take it to the California Legislature to find a legislator to author the bill. CCBA delegates then lobby to get the resolution passed into law. CCBA’s success rate is impressive. In typical years, the Governor signs anywhere from

10 to 15 bills into law that the CCBA either proposed and/or sponsored. The bills cover a wide range of topics, including but not limited to criminal law, civil procedure, family law, probate, and homeowners’ association law.

It is not too late to start thinking about resolutions to submit for the 2023 Conference, which will be held September 22-24, in San Diego, when the California Lawyers Association and the California Judges Association hold their annual in-person meetings. To learn more about CCBA and the legislative process, we are happy to host resolution drafting workshops to help you turn your great legislative ideas into reality.

We ask and encourage anyone who has an idea about how the law could be improved, wants to attend the September 2023 conference, or who has an interest in getting involved in CCBA, to reach out to CCBA’s 2022-2023 Chair, Shaun Dabby Jacobs, chair@ccba. law and/or Sean McCoy, SCBA Delegation Chair, Sean.McCoy@ doj.ca.gov.

To see the resolutions that were debated at the Conference in prior years, go to CCBA’s website at www.ccba.law.

Women Lawyers Association of Los Angeles (WLALA)

The Valentine Run/ Walk, Race for Justice, celebrates 20 years!

By Nanette Aubut

It was a beautiful day on Saturday, February 11, 2023, for the return of the in-person Valentine Run/Walk, Race for Justice! The run/walk benefiting Legal Services of Northern California (LSNC) celebrated its 20th year of running and walking for justice. The run is a unique opportunity for attorneys and legal professionals to bring their families and dogs to enjoy a great morning of fun, catching up with friends, and networking, while supporting the community’s local legal aid organization. The Valentine Run attracts many in the legal profession, including serious runners and casual walkers. Attorney participants in the 4-mile event compete for the title of Sacramen-

to’s Fastest Attorney!

Thirty organizations and local law firms, as well as solo practitioners, sponsored the event. Major sponsors included Gold Sponsors Murphy Austin and Shoenfeld LLP, Brelsford Androvich & White, and Seyfarth Shaw LLP. The Valentine Run/Walk continues to be a health-conscious and family-friendly event welcoming runners, walkers, wheelchairs, strollers and canine companions.

In addition to being a gold sponsor, Murphy Austin Adams and Shoenfeld had the largest group of participants again this year with 38 members. Paul Starkey and the Gators Legal Aid Congregation once again took the early lead in fundraising, earn-

Nanette Aubut, Development Director, Legal Services of Northern California

Breanna Lewis-Medina McKelvey – best dressed.

Team Medina McKelvey LLP

Photos by Kevin Graft Photography

ing great prizes from many local businesses.

Both people and dogs dressed up in valentine-themed clothing to compete for the best-dressed award. Breanna Lewis from the law firm Medina McKelvey won

best-dressed individual. Team Beth Leopold with Ainsley’s Angels won best-dressed team and the best-dressed “paw pal” was Piper, whose human is Lisa Bettencourt of Murphy Austin and Shoenfeld.

Overall winners were Chikara Omine (male – 20:33), Johnny Comilang (adaptive wheelchair – 29:49), Carolyn Menard (female – 24:29), and Ary Smith (non-binary – 33:40). Overall winners of the attorney race were Marisa Gon-

Team Downey Brand.

Team Murphy Austin Adams and Shoenfeld LLP.

zalez of Boutin Jones, Inc. (female – 28:05), Galen Farris of the Office of the Attorney General (male – 22:28), and LSNC’s Ary Smith (non-binary – 33:40).

“It was great to finally be able to gather for this fun event in person, for the first time since February 2020. I am so grateful for the strong participation and support of our Sacramento legal community, and it was wonderful to reconnect with so many friends and colleagues. We’re already looking forward to 2024,” said LSNC Executive Director, Gary F. Smith

LSNC extends its sincere thanks to all participants, vendors, sponsors, volunteers, pledge earners and pledge makers, and to the Sacramento County Bar Association for its help in promoting the event.

Best dressed paw pal, Piper, with Lisa Bettencourt.

Winners of Best Dressed Team Beth Leopold of Ainsley’s Angels.

Team Duggan McHugh crossing the finish line.

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The Sacramento County Bar Foundation Is Bringing Back KIDS LAW DAY

By J. Edward Brooks

After a three-year hiatus, the Sacramento County Bar Foundation is excited to announce that Kids Law Day will return this spring! Please consider volunteering and/or donating to this amazing event.

Kids Law Day is a program that brings attorneys, judges, paralegals and legal secretaries into Sacramento-area elementary classrooms for hour-long presentations. At this time, eight local schools have requested we bring the program into their 4th, 5th, and 6th, grade classrooms. Nearly 1000 students in over 35 classrooms will be eager to hear from representatives of our legal community who want to inspire these young minds to think about a career in the legal profession and the importance of the ju-

diciary system in our society.

The program is a wonderful opportunity for legal professionals to get “out of the office” and into a classroom, and for many children, this will be their first encounter with members of our legal community. Presenters will discuss their careers and how they fulfill their professional purposes and make a difference in our communities. These presentations are not boring lectures – speakers and students will be interacting with each other. Students always ask interesting questions and speakers share their personal stories. There is even a mock trial skit with students reading lines and the rest of the class deliberating as the jury! A program outline and materials will be provided for presenters. At the

end of the presentation, SCBF will provide each student with school supplies as a gift. More information about Kids Law Day and how to volunteer can be found on the SCBA’s website.

The Sacramento County Bar Foundation is the “charitable arm” of the Sacramento County Bar Association. It is a 501(c)(3) non-profit corporation supporting programs that improve the administration of justice, enhance public confidence in the legal profession, cultivate understanding of, and respect for, the rule of law and support law related services. To volunteer, contribute, or for more information about the SCBF, visit www.sacbar.org and click the Sacramento County Bar Foundation link.

J. Edward Brooks, President of the Sacramento County Bar Foundation. He can be reached at ebrooks@ gavrilovlaw.com

Every fall, attorneys from around the state participate in the Conference of California Bar Associations (CCBA). Members form delegations from their local or specialty bar associations and propose legislation to improve the law in some way. The CCBA, and its predecessor, the State Bar Conference of Delegates, has a proven record of success having put forward over one hundred proposals that have been signed into law. So, what does this have to do with Andi Liebenbaum?

In 2013, as a newly elected member of the board of directors for the Sacramento County Bar Association, I attended what I had thought was just an SCBA holiday party meet-and-greet. I arrived and met some of the other attendees, and then the presentations began.

Meet the New SCBA President, ANDI LIEBENBAUM

By Sean McCoy

After a few introductory remarks, Andi took the floor. Like someone lured into a time-share promotion, it was at that moment I knew that I was about to pay for the free pizza and prosecco I had been enjoying. Absent any other inducement of some prize just for listening, Andi enthusiastically pitched the merits of participating in the SCBA delegation – describing how it was both a worthwhile activity to affect change in the law, and a great opportunity to socialize with other attorneys with similar interests. But I am getting ahead of myself.

Almost as soon as Andi was moved, seconded, and passed unanimously into the world, I mean “born,” she was plunged into the legal field in the same manner a toddler with water wings is placed into a pool. Andi’s father, Larry,

was an immigration attorney in Los Angeles with a unique view of childcare. Andi’s elementary school peers were struggling with red, blue, or green school readers, while Andi spent many of her afterschool hours sorting through pocket parts to Code books and practice guides. Andi complains about the wages: “When I was really young, my dad offered me a nickel per pocket part. Since nickels were

Sean McCoy, SCBA Past-President 2019 and Deputy Attorney General V, Department of Justice

Andi's Father, Larry Liebenbaum with future lawyer (and newly minted JD) Andi at Loyola Law School - Los Angeles graduation (1994).

bigger than dimes, I agreed, only to later realize…”. By junior high school, Andi was making a quarter per pocket part, which she ascribes to her excellent negotiating skills. Not content to allow Andi to confine her extra-curricular activities to the normal range of high school activities, Andi’s father brought her along to meetings of the Los Angeles Delegation and often to the conference itself.

All of this early exposure did not, at first, persuade Andi that the law was in her future. She had other interests beyond law and legislation. One of Andi’s early jobs before law school led her into racing. Specifically, racing solar cars. In Australia. While this idea conjures images of Andi as Maggie Dubois accompanying the Great Leslie in a race against an assortment of characters from a Mad Max movie with competitors racing through the Outback driving beat-up, solar panel bedazzled contraptions, this is a real thing. In 1987, General Motors’ first solar car, the Sunraycer, participated in the first-ever World Solar Challenge in Australia and won. General Motors (GM) hired Andi as a contractor to help promote the company’s solar car concept. Andi traveled the country for nearly two years transporting the Sunraycer to museums, GM manufacturing facilities, college campuses, and state fairs promoting the concept of a car that was powered by the sun. In 1990, she traveled to Australia as a principal race coordinator for the GM-sponsored teams. GM eventually donated the Sunraycer to the Smithsonian (Andi visits Sunraycer in the history of the automobile section of the National Museum of American History whenever she’s in DC).

But the sun set and Andi’s contract ended. She returned to the United States and enrolled in Loyola Law School in the fall of

1991. Just before finals near the end of her first year, the Los Angeles riot occurred in the aftermath of the verdict in the Rodney King case in which law enforcement officers were acquitted of using excessive force during a traffic stop that resulted in significant lasting harm to King, an African American man. Although the civil unrest began at an intersection seven miles south of school, over the next two days it expanded north into the neighbor-

hoods around Loyola's downtown LA campus. Finals temporarily suspended, Andi, who lived in a community within the area under curfews and lockdowns because of the riots, organized and led fellow law students in volunteering with Los Angeles’s legal aid network, performing outreach and assisting with legal services to displaced renters, immigrants, and local business owners.

If you need more evidence that Andi was very involved in her school community, she joined and eventually served as president of both Loyola Law School’s Environmental Law Society and Women Lawyers. She was also elected vice president of the student bar association. She participated in an international legal scholars’ program traveling to Central America to study international environmental policy and the international protection of human rights. She was a volunteer in the early pilot program, Dependency Court Legal Services, and she served as a judicial extern to former Justice Margaret Grignon of the Second Appellate District. And, in 1994, in the

Andi (second from right) with her family at a public showing of the GM Sunraycer at Loyola Marymont University, Los Angeles (1989).

Little Andi at Big Rock Ranch (summer 1972).

aftermath of the Northridge earthquake, she again organized fellow students and volunteered to provide community-based and legal services to hundreds of displaced people. While it seems obvious, Andi brashly states that she loved law school. She said, “I was worried that I was doing something wrong because I wasn’t hating it. In fact, I loved law school. I got so much from the experience, and I still recommend it highly to people who are ‘law school curious.’”

Clearly, Andi wasn’t doing anything wrong because she graduated and was admitted to the California State Bar. She received the good news about passing on her 30th birthday. She says that her parents’ ploy to distract her from worry with dinner and tickets to the LA Philharmonic didn’t work, but fortunately she managed to get through on the State Bar’s phone line minutes before the performance. She laughs when she says, “Please don’t ask me what the performance was that night. You’d have to look it up.” Andi was delighted, and her father Larry couldn’t have been prouder. But rather than join her father’s immigration practice, Andi did two

things. First, she became a conflict attorney with the Los Angeles Public Defender’s office handling delinquency matters. Next, she began working with community service non-profit organizations helping to develop programs for at-risk and high-risk youth and young adults. After a couple of heartbreaking cases trying to protect children in the system (she describes herself as having been a good shepherd in a bad system), Andi decided that her energy was better spent in non-

profit leadership and management, a path she pursued throughout California and Latin America for nearly 20 years.

In 2006, Andi relocated to Sacramento. On a lark, Andi took a job with the legislature serving as a senior policy aide to then-Assemblymember Jared Huffman, one of the few attorneys in the legislature at the time. A few years later, Huffman was elected to Congress and Andi remained in Sacramento, taking a job with the Judicial Council of California where she worked until February of this year. You can now find Andi working on behalf of her “homeland,” the County of Los Angeles as a lobbyist for the Los Angeles County CEO.

So, what about the CCBA?

Throughout all this time, since before law school, Andi got and remained involved. She followed in her father’s footsteps and regularly participated as a delegate, first in Los Angeles and later in Sacramento, where she chaired the SCBA delegation from 2011 to 2019. She joined and chaired the CCBA’s resolutions committee and served on the CCBA board. She still serves as a special advisor

Andi as "media relations" on-site for GM-Holdens at the 1990 World Solar Challenge. L-R: Marc McDowell (GM-Holdens' Director, Media Relations) and Andi Liebenbaum (1990).

Andi with Justice Margaret Grignon at Andi’s private swearing in to become a member of the California State Bar, December 11, 1994.

to CCBA and is a vocal champion of SCBA’s delegation.

At the end of 2019, I concluded my term as SCBA President and handed the gavel to Shanāe Buffington. Andi became the SCBA Secretary-Treasurer for 2020. The year had barely begun when SC-

BA’s executive leadership was faced with the challenge of guiding the SCBA through the COVID pandemic. Over the next three years, facing significantly reduced staff and income, Andi has been a workhorse for the association, helping to manage and guide it

to financial security and some renewed sense of normal. By way of example, with Andi’s leadership last year, the SCBA was able to host its first in-person Bench Bar Reception and Annual Meeting after a two-year hiatus.

As chair of the delegation, Andi was tireless and successful in her efforts to recruit new members and to herd the lawyers who continued to be involved. As part of SCBA’s executive committee over the last three years, she turned that energy toward managing the association while always looking for ways to motivate others to contribute in any way they could. Knowing she will ask, when you meet Andi, volunteer to help in some way. You could even ask her about joining the delegation. And thank her for the electric car. She may deny responsibility, but chalk that up to humility.

Andi (right) leading a resolution discussion with the LACBA Delegation (2004).

The Girardi Effect on State Bar Discipline (and Us)

By Larry Doyle

the matter of Tom Girardi.

My last column discussed how and why the Legislature squelched the State Bar’s efforts to expand its role from protecting the public from bad lawyers to devoting its energies to ways to close the so-called justice gap. The Legislature did this by amending the Bar’s annual funding authorization bill, AB 2958 (Statutes of 2022, chapter 419), to prohibit the Bar from establishing a regulatory “sandbox." This "sandbox" was supposed to be used to test proposals to increase the legal services available, such as permitting corporate ownership of law firms and allowing lawyers to split

legal fees with non-lawyers.

Fans of the “sandbox” claimed that the legislators who inserted the prohibiting language in the Bar’s annual funding legislation (Senate Judiciary Committee Chair Tom Umberg and Assembly Judiciary Committee Chair Mark Stone) were in the thrall of vested “big law” interests that didn’t want the competition. The legislators’ counterargument was succinct and to the point: until the State Bar shows that it can perform its primary job of protecting the public from bad lawyers, it had no business trying to expand its job description.

Exhibit A in the lawmakers’ case:

Thomas V. Girardi was a Los Angeles attorney who was admitted to the Bar in 1965 and rose to become one of the most powerful and influential lawyers in California. His firm, Girardi and Keese, achieved many multi-million-dollar settlements in mass tort and class action suits. Girardi lived a lavish lifestyle consistent with his image. It turns out, however, that Girardi was funding that lifestyle with money that belonged to his clients. Many of those clients filed complaints with the State Bar –some 205 clients over 40 years. None of those complaints went anywhere, for reasons that are still under investigation, but involve allegations of political influence and possible corruption within the Bar’s discipline system, as well as procedural impediments.

The State Bar’s disciplinary system has been under fire for at least a half century, when dissatisfaction with the prior discipline system staffed by volunteer attorneys gave way to the current system of professional prosecutors and a State Bar Court. Since then, the State Auditor has issued regular Statements of Correction to the State Bar, many of which have raised concerns

Larry Doyle veteran of decades of experience with the California Legislature, including 18 years as Chief Legislative Counsel for the California State Bar; former member of the State Bar’s Committee on Professional Responsibility and Conduct and currently a staffer for the SCBA. He can be reached at larry.doyle@sacbar.org.

about the efficacy of the discipline system. But most of those audits have dealt with dry issues such as an excessive backlog of unresolved discipline complaints. In contrast, the Girardi case offered the vision of a massively powerful lawyer with extensive political connections, living a lifestyle of excess, using his wealth, connections, and influence with the State Bar to stay above the law.

In the face of outrage going far beyond the usual legal press, the State Bar has taken a number of steps to respond to the Girardi matter. Although these changes will not have any impact on Girardi, they will impact California lawyers in many substantive ways.

The first change the State Bar made was to revisit the language of the statute (Business & Professions Code 6086.1(b)(2)) relating to the circumstances under which confidentiality of disciplinary proceedings can be waived. Historically, the statute had been interpreted to permit publication of disciplinary matters only when necessary to protect consumers from specific attorneys who posed an ongoing threat to consumers. The new interpretation allows the Bar to publicize ongoing discipline against attorneys (like the disbarred Girardi) who no longer pose a threat, but whose actions may serve as a cautionary tale. It also has been used by the Bar to trumpet its actions in politically popular cases, such as charging attorney John Eastman with making false and misleading charges in his efforts to overturn the 2020 presidential election.

The second change implemented by the State Bar was to revise the rules relating to the Client Trust Accounts, which attorneys are required to maintain for their clients.

The Client Trust Account Protection

Program (CTAPP) imposes much stricter reporting requirements on attorneys. In CTAPP’s initial phase, which took effect January 1, 2023, actively licensed attorneys are required to:

• Report annually to the State Bar whether they are responsible for client trust accounts and provide basic account information. Law firms will be able to report account information for lawyers who work for them.

• Complete an annual self-assessment that highlights specific rules and requirements for managing a client trust account.

• Annually certify that they are in compliance with the applicable Rules of Professional Conduct related to safeguarding funds.

The revised rules also give the Bar’s Office of Chief Trial Counsel the authority to audit attorney client trust accounts under circumstances yet to be specified.

The third proposed change inspired by the Girardi affair, at least in part, is a renewed attempt to enact a California version of Model Rule of Professional Conduct 8.3, the so-called “snitch rule” that requires attorneys who are aware of misconduct by another attorney to report it to the State Bar if it raises a “substantial” question about that lawyer’s honesty or fitness to practice. California is one of only three states that has not adopted a variation of this rule, most recently rejecting it as part of the wholesale revision of the California Rules of Professional Conduct that were enacted in November 2018. The argument against the rule is that it risks conflicting with the attorney’s duty of confidentiality and can be abused by attorneys seeking an advantage in litigation.

In the Girardi instance, there’s real doubt that the rule would have

made any difference. The State Bar was well aware (through the aforementioned 205 client complaints) that something bad was happening, so it’s not clear what confirmation by lawyers would add. On the other hand, the Girardi case didn’t gain any traction with the State Bar until an allegation was made by an attorney in a case in another state. Whatever the circumstance, there is a real movement in support of adopting such a rule this year. The State Bar’s Board of Trustees recently tasked the Standing Committee on Professional Responsibility and Conduct (COPRAC), which develops and interprets the Rules of Professional Conduct, with reviewing the issue for at least the third time in the past decade. COPRAC has responded with a narrow rule which limits the reporting responsibility only to criminal acts of which the attorney has personal knowledge, and varies the ABA Model Rule in other, smaller ways.

Meanwhile, the Legislature has added its own impetus to the issue with the introduction of SB 42 by Senator Umberg, which would add a new Section 6090.8, duplicating the ABA Model Rule to the State Bar Act. It is possible that both efforts will be successful and both the new Rule of Professional Conduct and B&P Code section will be enacted.

In the meantime, the author of all this sturm und drang reportedly is unaware of the collapse of his former empire and the chaos he has caused. Thomas V. Girardi has been disbarred, and he and his firm have filed for bankruptcy. His house and his possessions have been sold, he is suffering from Alzheimer’s disease, is subject to conservatorship, and is in an assisted living facility. Not exactly justice, but maybe a bitter irony.

THIRD APPELLATE DISTRICT WELCOMES THREE ASSOCIATE JUSTICES

By Misha D. Igra

Lady Justice, blindfolded, carrying a balanced scale and a sword, is one of the most recognizable symbols of the judiciary. She is based on the clear-sighted Greek goddess, Themis, and the virtuous Roman goddess, Justicia. Her blindfold symbolizes unbiased justice, without passion or prejudice; the scales reflect impartiality in the weighing of evidence; and the sword is a symbol of justice’s power. But one need not look any further than the Court of Appeal, Third Appellate District, to find real-life embodiments of these ideals in its newest Associate Justices.

Over a decade ago, this magazine’s cover story reported on the first all-female panel convened at the Third Appellate District since its founding in 1904. The historic panel was comprised of Acting Presiding Justice M. Kathleen Butz, Associate Justice Elena J. Duarte, and Associate Justice Andrea Lynn Hoch. (See Sacramento Lawyer, July/August 2012.) The well-researched article was written by none other than the Third Appellate District’s most recently appointed Associate Justice, Shama Hakim Mesiwala. In the article, she quoted several jurists, including her new colleagues on the bench, Associate Justice Laurie M. Earl and Associate Justice Stacy Boulware Eurie. At the time, Justice Earl was the Presiding Judge of the Sacramento County Superior Court. “These three women jurists are the

embodiment of who we hope our judges will be,” she said of the first all-female panel. That same praise applies to the Third Appellate District’s newest Associate Justices.

To say that these three women jurists are new colleagues is bit of a misstatement. They served together as judges on the Sacramento Superior Court. Governor Arnold Schwarzenegger appointed Justice Earl to the Sacramento Superior Court in 2005, and he appointed Justice Boulware Eurie in 2007. Justice Mesiwala was appointed by Governor Edmund G. Brown, Jr. in 2017. And, over the past 15 months, Governor Gavin Newsom elevated all three to the Third Appellate District, each of them unanimously confirmed. These three Associate Justices bring unique perspectives and diverse backgrounds to the appellate court.

Associate Justice Laurie Earl

When she filled the vacancy created by the retirement of Associate Justice M. Kathleen Butz, Justice Earl became the first openly gay Associate Justice on the Third Appellate District. Justice Earl and her wife, Jody Cooperman, have been married for 15 years, and they’ve been together twice as long. When asked what inspires her, Justice Earl responded, “I am inspired by my wife. I marvel at her energy and enthusiasm and compassion.”

Justice Earl is inspired by her chil-

dren as well. “Their outlook on life is refreshing,” she remarked. “The key is that none of us take ourselves too seriously, but we do take responsibility to others seriously. We meet the obligations we put upon ourselves.”

Justice Earl credits her early judicial success to two mentors: former Chief Justice of the California Supreme Court, Tani Cantil-Sakauye, and retired Sacramento Superior Court Judge Lloyd G. Connelly, Jr. Justice Earl sought out the Chief Justice’s advice and counsel when first applying to the Sacramento Superior Court bench. “The path she took was impactful,” says Justice Earl. Judge Connelly was another “go-to person.” When she was a trial attorney, Justice Earl appeared in Judge Connelly’s courtroom many times. She found him to be “thoughtful, deliberative, and the voice of reason in the

Misha D. Igra, President of the Leonard M. Friedman Bar Association

midst of chaos.”

During Justice Earl’s confirmation hearing, Associate Justice Marsha G. Slough of the Fourth Appellate District indicated that Justice Earl “is not afraid to say ‘I don’t understand.’ She is not afraid to do the hard work. She is willing to say ‘Nope, I disagree’ but not in a disagreeable way.” Presiding Judge Michael Bowman, who has known Justice Earl professionally for 30 years and considers her a mentor, testified that “her everyday actions [on the bench] show that she believes that each person possesses an inherent worth and should be treated with dignity.” He credits Justice Earl with creating the court’s remote appearance protocol during the pandemic, which “put the court on track to ensure that all people had the right to justice, and access to justice during the pandemic in a safe manner.” And Judge (now Justice) Mesiwala described the “hallmarks” of Justice Earl’s appointment as “hard work, intelligence, humanity, and humility.”

In recognition of these qualities, Justice Earl has been named as Alumnus of the Year by Lincoln Law School of Sacramento, and as Judge of the Year by both the Capitol City Trial Lawyers Association and the Sacramento County Bar Association. She received the Founders Award from the Sacramento Lawyers for the Equality of Gays and Lesbians (SacLEGAL) Bar Association. And she received the Judicial Council of California’s highest recognition, the Ronald M. George Award for Judicial Excellence. This award was bestowed upon Justice Earl to recognize her leadership in working with trial court judges and executive officers to develop a methodology that changed the way state trial court funding is allocated to each of the 58 trial courts.

Rather than discussing her own many accolades, however, Jus-

tice Earl lauds her fellow justices whom she greatly admires. “There is amazing talent among my colleagues from varied backgrounds,” she said. Justice Earl believes that the Third Appellate District “has the ability to be one of the most respected in the state” and it “can get there with the people who are here and the depth of their commitment to the job we do.”

There are two pieces of advice Justice Earl would offer to appellate advocates. Concerning oral argument, the key is to listen. “Pay attention to the questions the panel is asking. Sometimes attorneys want to talk about something different from how we see the case.” The panel’s questions may reflect “an issue we are trying to resolve about application of the law or how to credit different facts.” And, regarding briefs, “longer is not necessarily better.” Advocates can make their points without needing extra words or additional pages. Justice Earl advises, “Be succinct and you’ll be better off.”

Justice in the Third Appellate District. Her current chambers were formerly occupied by Associate Justice Coleman A. Blease. Justice Boulware Eurie finds sitting in those chambers particularly humbling, given that Justice Blease swore her in as a new attorney over 25 years ago, and he passed away just a few months after her confirmation.

Justice Boulware Eurie identifies former Chief Justice Cantil-Sakauye as one of her mentors. “She taught me diplomacy, collegiality, and the art of listening.” In addition, the former Chief Justice demonstrated “dedication and curiosity” about “new perspectives and disciplines.” It is such curiosity that inspires Justice Boulware Eurie. She states, “I am inspired by what I don’t know, which brings a level of education and humility to the law.” She is also inspired by the cases that come before her. “Even though I have done this for a long time and have ‘seen it all,’ I am inspired that each case is different – each story, background, and perspective is different.” Justice Boulware Eurie appreciates being able to “pause and reflect” on what brought litigants to the court, and that the law “enables court users to find justice.” She is also inspired by the way the law provides access to the courts and “brings new issues to the table as guided by new applications as seen through different lenses.”

Associate Justice Stacy Boulware Eurie

Justice Boulware Eurie filled the vacancy created by the retirement of Associate Justice William J. Murray. She is the first African American woman to serve as an Associate

Associate Justice Louis Mauro spoke in support of Justice Boulware Eurie’s appointment at her confirmation hearing. He felt “very fortunate” to be assigned to the courtroom next door to then-Judge Boulware Eurie at the Sacramento Superior Court, stating that she “helped to make [him] a better judge.” Justice Mauro described Justice Boulware Eurie as a “model of collegiality” who “cares deeply about improving the administration of justice so that our courts are

accessible and fair for all.”

In recognition of these attributes, Justice Boulware Eurie has been honored as Judge of the Year by the Wiley Manuel Bar Association, the Sacramento County Bar Association, the Chief Probation Officers of California, and the Sacramento County Indigent Defense Panel. She was also named Juvenile Court Judge of the Year by the California Judges Association. Additionally, Justice Boulware Eurie received the Judicial Award of Excellence from the California Association of Black Lawyers, and CASA of Sacramento’s Impact Award. These awards are certainly impressive, but the professional accomplishment of which Justice Boulware Eurie is most proud is creation and implementation of Sacramento’s dedicated docket for youth who have been commercially sexually exploited. Through this specialized collaborative court, hundreds of youths have been better served and supported in our community. She describes creation of the docket as “the experience of a lifetime and one that has made [her] a better jurist, no matter what type of case [she is] presiding over.”

Looking ahead, Justice Boulware Eurie intends to continue her dedication to the fair and impartial application of the law. She will “listen, consume, and analyze what has been presented without fear or favor,” maintain her curiosity and openness to perspectives, and “continue making decisions guided by impartiality.” The Third Appellate District, she says, has a “long tradition of being one of the most rigorous courts in terms of volume, participation in the community, and collegiality” that she wants to continue. In Justice Boulware Eurie’s view, being “open, friendly, and receptive to differing points of view fosters camaraderie and facilitates better decision-making processes and, ultimately, more

informed appellate decisions.”

When appearing before the Third Appellate District, advocates would be wise to heed Justice Boulware Eurie’s advice. Specifically, briefs must “be true to the record.” Attorneys may have “different styles of arguments” but must “always be clear and honest in the integrity of representation.” Additionally, the time allotted for oral argument is limited, so do not waste “precious time to get to the most salient points.” Justice Boulware Eurie notes that “being concise and straightforward is really effective” at oral argument and in briefing. And counsel should assume the argument panel “will have read the briefs and reviewed the record, mindful of the importance of the case to the litigants to the case at hand.”

the Traynor Reader, a collection of essays by California’s 23rd Chief Justice. Justice Blease said that Justice Mesiwala “did sterling work as a Central California Appellate Program lawyer; [and] provided many years of distinguished performance” for the appellate court.

According to retired Associate Justice George Nicholson, Justice Blease believed Justice Mesiwala “possesses uniquely qualifying experience and unique insights, all meshing intuitively in her mind and heart to enable her to transition, ably and seamlessly, into her new role as an Associate Justice.”

Acting Presiding Justice Ronald B. Robie is another of Justice Mesiwala’s judicial mentors. She served as his chambers attorney, or “elbow clerk,” for over a decade. In that role, Justice Mesiwala observed firsthand Justice Robie’s “unparalleled work ethic, fidelity to the law” and the love he gave to his family. She is grateful for the opportunity to serve alongside Justice Robie as his colleague on the bench. During her confirmation hearing, retired Presiding Justice Art Scotland explained that he recruited Justice Mesiwala for a staff attorney position at the Court of Appeal, which he described as “momentous” for the court and “life-changing” for Justice Mesiwala. He praised her intellect, knowledge of the law, objectivity, temperament, work ethic, and collegiality.

Justice Mesiwala is the first Muslim American female to serve as a jurist on a California Court of Appeal. She filled the vacancy created by the retirement of Associate Justice Coleman Blease, who passed away a few months before her confirmation. The appointment is particularly meaningful because Justice Blease mentored Justice Mesiwala when she was a central staff attorney at the Third Appellate District. Together, they studied

Testimony was also received from Ithma Amaad, one of Justice Mesiwala’s many former students who marvel at her ability to dedicate time to her career, personal life, community service, and mentoring students. Justice Mesiwala has taught appellate advocacy at UC Davis Law School for many years, and she still derives inspiration from her students. “They inspire me with their character, having persevered through a pandemic. They have encountered challenges with

Associate Justice Shama Hakim Mesiwala

grace and courage.” With her students in mind, one of Justice Mesiwala’s goals for the appellate court is to help establish an extern program at the court. She explains, “appellate law is a niche that not very many new lawyers are exposed to. Inviting students to the court as an extern would allow them to participate in the administration of justice. It would enrich them and all of the people at the court as well.”

Justice Mesiwala’s outreach to diverse law students and affinity bar associations is well known. She pro motes the California Judicial Men tor Program to expand the pool of diverse judicial applicants, and has hosted the annual Diversity Law Student Reception in her backyard for many years. In recognition of her community service, Justice Mesiwala received the UC Davis Law School’s Pro Bono Certificate, the Unity Bar Community Service Award, the Women Lawyers of Sacramento Frances Newell Carr Award, the King Hall Legal Foun dation’s Judge of the Year Award, and the Sacramento Bee named her a top 25 Asian American/Pacific Is lander Change Maker. But Justice Mesiwala does not intend to rest on her laurels. Her personal goal is to “put [her] head down and work hard. Do the cases.”

As for advice to appellate ad vocates, Justice Mesiwala urges attorneys to “write succinctly in plain English, and please disclose all adverse facts and law as you are an officer of the court.” After all, “the court will discover it anyway, so it would be advantageous for you to distinguish the law or explain why the potentially bad facts do no harm to your case.” And, at oral argument, pay attention to the questions asked because it “tells you what we are grappling with” and allows the advocate to make oral argument “most productive for you in advancing your client’s interests.”

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