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 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 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.”