Victim was an innocent bystander

Murder

Continued from Page A1

Police described Mr. Gutierrez as an innocent bystander who was in Santa Barbara with his wife walking on Stearns Wharf “when he was struck and killed by one of the rounds fired during an altercation between two groups of individuals at the base of the wharf.

“You are dealing with families in crisis who, at the onset of every case, are facing the very real possibility of being separated either temporarily or permanently,” she said. “And it is not just parents and children facing separation; siblings can also be separated from each other due to the inability to find a foster home with enough space to accommodate all of them.

“As you can imagine, this is a very emotionally charged area of law, and the cases can be very difficult for judges and attorneys to handle because decisions must be made that directly impact the family unit.”

Contrast this to her current assignment of handling criminal arraignments in Santa Maria.

Which is the second big change she’s had to make, transitioning from one-sided advocate to fairminded judge, a process she said has required a huge mind shift.

But she loves it.

“It’s going great,” Judge Hippach said. “It’s been several years since I handled criminal cases, so I’ve had to get up to speed on the law and all of the changes that have occurred since I last practiced in this area pretty quickly. At times it’s like drinking from a firehose, but I am learning so much, and I am really enjoying it.

“It’s everything I thought it would be in terms of how much I love what I am doing. But there was really no way to imagine the complete shift in perspective.

Until I was appointed to the bench, I was a practicing attorney for almost 20 years. I practiced in all types of courts and my job was to advocate to the judge — make my arguments and case to achieve the best outcome for my client. Now, as the judge, I am the one making decisions and not advocating for a particular outcome. It’s a complete mind shift.”

Judge Hippach said she enjoys interacting with members of the public and community on a whole new level, as opposed to dealing only with opposing counsel, unable to talk to individuals about the case and the issues.

“Now, that has all changed,” she said. “My courtroom is the first stop for people who become involved in the criminal justice system. Appearing in court in front of a judge can be an intimidating and confusing process. If I can help make things easier and less confusing, I am happy to do so. I love listening to others and finding individualized solutions to address the problem.

“Being on the bench gives me the opportunity to help in ways I could never do before.”

Judge Hippach said becoming a judge was a goal she set for herself several years ago, and that her previous jobs prepared her for her judicial position. She noted that as an attorney, she practiced law in a variety of areas including criminal (both adult and juvenile), dependency, civil and family law.

“I loved learning every aspect of the legal area I was involved in at the time, and each position taught me valuable skills. Working at the District Attorney’s Office and County Counsel, I learned how to remain calm, frame my arguments, present my case succinctly, and think clearly and quickly on my feet.

“In working at the Idaho Attorney General’s Office, I learned how to handle a variety of issues at any given time, and to not only be flexible and knowledgeable in several subject areas, but also to transition from each subject seamlessly. These skills have helped to ease my transition from attorney to judge.

“I have spent my entire legal career in public service, and becoming a judge is just a continuation of that service on a larger level.”

Judge Lavayen said she’s done an outstanding job so far.

“While four months is not a long time, there is no doubt that she is an excellent judge,” he said. “Her transition to the bench has been seamless, and she exhibits all the necessary skills and traits required of a judge, including the discretion to adjust to the individual circumstances of each person appearing before her and achieve a just outcome. I think the legal system and the public is very fortunate to have her on the bench.”

It helps that she has the brains and heart to do the job, he said at the swearing-in ceremony.

“What stands out about Denise not only is her intellect but her compassion; her compassion and understanding,” he said.

Judge Hippach said she was flattered by his comments, “but also extremely humbled.

“What Judge Lavayen’s statement really reflects is the professional achievement I am most proud of: my reputation. Over my 20-year career in the legal field, I have always approached each of my cases with an open mind, and understood the issue was not always black and white. My life experience has taught me that you cannot prejudge any individual and that every situation or circumstance should be evaluated objectively and independently.”

It’s a career that at an early age seemed out of reach, had it not been for some help along the way.

She grew up in a blue-collar family in Lancaster. Both of her parents worked outside the home to support her and her three older siblings. Her father was a contractor and her mother was a secretary at the local community hospital.

“When I was a junior in high school, my parents told me they could not afford to send me to college,” she said.

That could have been it, robbing her of her moment to make history.

“Fortunately, I had teachers and guidance counselors who spoke to me about the federal financial aid application and potential scholarships and grants I could apply for,” she said. “Had it not been for their keen interest in my future, I may have given up and resigned myself to not continuing my education beyond high school.

“I am proud to say that I am the first in my family to graduate college and obtain a professional degree.”

And so, as a new, proud judge, Denise Hippach welcomes the opportunity to be of service to others, and to set the stage for younger people of color to follow in her footsteps.

“Being the first at anything is a double-edged sword: It is wonderful because of the achievement, but also overwhelming because you are the first, and there are expectations that come with being the first, like the pressure to succeed.

“And this pressure does not just come from my own personal expectations, but also from