San Diego Lawyer May/June 2023

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ATTORNEY JONATHAN COLBY

ATTORNEY JOHN REENAN

ATTORNEY DON TREMBLAY

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EDITOR'S COLUMN

by Genevieve A. Suzuki

LAW SCHOOL COLUMN Trees and Taxes

by Sarah Amouzandeh

ETHICS

Overseeing the Unseen: Supervising Remote Practices by Edward McIntyre

TECHNOLOGY

Tech Tips and Tidbits by Bill Kammer

WHY I LAWYER If Not Me, Then Who? by George

Seymour

THE REWIND

The American Inns of Court (Continued) by George W. Brewster

Jr.

LGBTQ+ JUDGES FIND SAN DIEGO BENCH A WELCOME HOME by Jodi

Cleesattle

SIDEBAR: JUDGE RUBEN BROOKS

The first openly gay United States Federal Judge by Rafael J. Hurtado

Q&A WITH JUDGE JAMES SIMMONS by Isaac Jackson

POST-PANDEMIC PRACTICE ALLOWS FOR PRESENT PARENTING by Genevieve A. Suzuki

2023 SDCBA SERVICE AWARDS Get To Know This Year's Honorees and Read About Their Inspiration for Service

SDCBA MEMBER PROFILE Get to Know Lindsay Pyfrom

WHAT TO DO WHEN ... YOU WILL MISS A HEARING by Michael G. Olinik

DISTINCTIONS

Community members honored for their achievements

MEET YOUR BAR-ISTA Gloria Varela

Fee Dispute Specialist

PHOTO GALLERY

ANNUAL AWARDS CEREMONY & CELEBRATION OF COMMUNITY SERVICE

Featuring the 2023 Law Week Poster Contest Winners

PROFESSIONALISM by Dave Majchrzak

MAJOR CHANGES TO CALIFORNIA'S JURY SELECTION PROCESS by Flavio Nominati

STUDENT LOAN DEBT RELIEF A Well-Intentioned Program Turned Legal Spectacle by Stephanie Sandler

THANK YOU TO OUR PATRON & FRIEND MEMBERS

The SDCBA gratefully acknowledges the generous commitment of members who support our community at the Patron and Friend membership levels. You can become a Patron or Friend member when you activate or renew your membership online, or by request at any time. For more information about upgrading, please contact mbr@sdcba.org.

Patron and Friend member lists as of June 2023

PATR O N MEMBERS

Marc D. Adelman

Alicia Aquino

Danielle Patricia Barger

Hon. Victor E. Bianchini (Ret.)

Jedd E. Bogage

Tanisha Bostick

James A. Bush

Andy Cook

Steven T. Coopersmith

Ezekiel E. Cortez

Tricia D'Ambrosio-Woodward

Taylor Darcy

Warren K. Den

John A. Don

William O. Dougherty

Alexander Isaac Dychter

James J. Eischen Jr.

Matthew J. Faust

Sergio Feria

Nicholas J. Fox

James P. Frantz

Michelle Ann Gastil

Olivia J. Gilliam

Douglas A. Glass

Alvin M. Gomez

Nicole L. Heeder

Stephen M. Hogan

Ted Holmquist

Melissa Johnson

James Michael Johnson

Stacey A. Kartchner

Carla B. Keehn

Garrison "Bud" Klueck

Hon. Lilys D. McCoy

Mark M. Mercer

Peter P. Meringolo

Jillian M. Minter

Virginia C. Nelson

Ron H. Oberndorfer

Deborah A. Ortega

Anthony J. Passante

Frank J. Polek

Kristin Rizzo

Ana M. Sambold

Pamela J. Scholefield

Seana Kelly Scholtemeyer

Khodadad Darius Sharif

Elizabeth Silva

David G. Sizemore

Christopher J. Sunnen

Genevieve A. Suzuki

Cassandra C. Thorson

Thomas J. Warwick

Lenden F. Webb

Jon Webster

Daniel Weiner

Andrew H. Wilensky

Karen M. ZoBell

FRIEND MEMBERS

Pedro Bernal Bilse

James Gregory Boyd

Jivaka A.R. Candappa

Julie Marie K. Cepeda

Linda Cianciolo

David B. Dugan

Mark Kaufman

Randall E. Kay

Philip John Mauriello

Anne Perry

Kristi E. Pfister

Blanca Quintero

Hon. Stephanie Sontag

Peter B. Tentler

Michael A. Van Horne

Mark Richard VonderHaar

Issue 3, May/June 2023

Issue no. 3. San Diego Lawyer® (ISSN: 1096-1887) is published bimonthly by the San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. Phone is (619) 231-0781. The price of an annual subscription to members of the San Diego County Bar Association is included in their dues. Annual subscriptions to all others: $50. Single-copy price: $10.

Periodicals postage paid at San Diego, CA and additional mailing offices. POSTMASTER: Send address changes to San Diego Lawyer, 401 West A Street, Suite 1100, San Diego, CA 92101. Copyright ©2023 by the San Diego County Bar Association.

All rights reserved. Opinions expressed in San Diego Lawyer are those of the authors only and are not opinions of the SDCBA or the San Diego Lawyer Editorial Committee. In addition, information presented in this magazine is for educational purposes only and should not be construed as legal advice. For your specific questions, please seek advice from counsel.

Interested contributors may submit article ideas to the editors at www.sdcba.org/SDLidea for consideration. San Diego Lawyer reserves the right to edit all submissions, contributed articles and photographs at its sole discretion.

Co-Editors

Genevieve A. Suzuki Gayani R. Weerasinghe

Editorial Committee

Eric Alizade

George Brewster

Jodi Cleesattle

Sara Gold

Wendy House

Julie Houth

Rafael Hurtado

Isaac Jackson

Edward McIntyre

Michael Olinik

Stephanie Sandler

Wilson Schooley

Andrea Warren

SAN DIEGO COUNTY BAR ASSOCIATION

Board of Directors

President

Melissa Johnson

President-Elect

Stacey A. Kartchner

Immediate Past President

David Majchrzak

Secretary

Robert M. Shaughnessy

Treasurer

Fanny Yu

401 West A Street, Suite 1100, San Diego, CA 92101 Phone (619) 231-0781 • bar@sdcba.org • www.sdcba.org

Leslie Abrigo

Michael L. Crowley

Jason Evans

Michelle A. Gastil

Nicole Heeder

Brandon Kimura

Tatiana Kline

Brenda Lopez

Angela Medrano

Spencer Scott

Cynthia L. Stratton

Timothy G. Williams

New Lawyer Division Representative

Stephanie Pengilley

Directors SDCBA

Executive Director

Bill Baldwin

Director of Marketing & Outreach

Ron Marcus

Senior Designer

Attiba Royster

Content and Publications Editor

Savanah Tiffany

Marketing Manager

Sasha Feredoni

THE FIGHT FOR DIVERSITY

For many of us the pandemic forced a halt to social events, such as annual dinners hosted by the hardworking local bar associations. Thankfully, it seems we have turned a corner, at least when it comes to venturing out to break bread with our colleagues in the legal community.

Pan Asian Lawyers of San Diego (PALSD) had a banner night on May 31, 2023, when it hosted its annual dinner at the Mission Valley Marriott. It was a well-attended event featuring keynote speaker Andrew Yang — yes, that Andrew Yang — and local judges and dignitaries.

While it was a fitting night to celebrate the year with friends — it was the last day of Asian Pacific American Heritage Month — it also served to place us on notice that there is still much more work to do when it comes to ensuring diversity in our field.

Incoming PALSD president Warren Den offered a sober reminder of the current political climate when he briefly addressed the rising incidences of hate crimes against Asians.

Den mentioned the racially motivated May shooting of a Korean American family in Allen, Texas. The father had been an Asian American attorney. Den’s message was clear: The fact that #StopAAPIHate is still trending means we as attorneys must stay alert and join the fight against the backslide into ignorance and racism.

One way to combat ignorance is making sure diversity has a seat at the table. During the question-and-answer session between Den and Yang, Yang impressed on attendees the importance of supporting community members’ political aspirations.

After being asked what advice he would give to people considering making the leap from law to public service, Yang said it is first vital to support fellow Asian Americans running for office. “Everyone knows those people [contemplating political careers],” he said. “We need to do a better job of rallying around them.”

Representation matters, confirmed Master of Ceremonies the Hon. Selena Dong Epley. Epley, who delivered a moving introduction for Yang, recalled how, when she was a young girl, there was hardly anyone who looked like her on TV. Citing a short list of ways she once felt represented in the media, Dong Epley named Connie Chung and Olympian Kristi Yamaguchi as two of the only Asian Americans in the news in decades past. Fast forward to recent times and we finally had two Asian Americans on stage running for the highest office in the nation: Yang and now-Vice President Kamala Harris. We also now have several judges in San Diego alone, including the Hon. Jinsook Ohta, the first AAPI female judge on the U.S. District Court for the Southern District of California.

Dong Epley said her father used to say, “Yay, Asian!” when he saw an Asian on TV. She said she wishes she could tell him it’s no longer “Yay, Asian!” but rather, “Yay, Asians!”

Speaking of celebrations, after AAPI Heritage Month, our nation heads into June, LGBTQ Pride Month, which encourages lesbian, gay, bisexual, transgender, and queer pride. June was selected to commemorate the Stonewall Uprising in 1969. Our LGBTQ+ brothers and sisters are all too familiar with a lack of accurate representation in the media as only in fairly recent years are there gay couples in TV series and transgender celebrities who are praised for more than just their abilities to select the perfect things to wear.

And yet, at the time this column was written, rights of transgender individuals are being quashed. The more things change, the more they sometimes seem to stay the same.

June is also home to Juneteenth, a day recognizing the emancipation of African American slaves. On June 17, 2021, almost 156 years later, President Joe Biden officially made Juneteenth a federal holiday with the Juneteenth National Independence Day Act.

HAS ONLY BEGUN

Staying vigilant has never been more important

EDITOR'S COLUMN by Genevieve A. Suzuki

Juneteenth, which is celebrated on June 19, marks the anniversary when Union Army Major General Gordon Granger gave an order on June 19, 1865, declaring all slaves free upon arriving in Texas to oversee the enforcement of the Emancipation Proclamation.

The first official Juneteenth celebration was known as “Jubilee Day” in Texas in 1866. At that time, celebrants utilized this celebration to recruit voters among freed African Americans. They knew then there is nothing more invaluable than the ability to exercise your voice by voting.

That said, it took the 15th Amendment, ratified in 1870, to guarantee men of all races the right to vote after black voters continued to be turned away from polling places. As for black women, they had to wait until the 19th Amendment, which was ratified on August 18, 1920, for their chance to make their voices heard on Election Day.

Even now, well into the new millennium, states attempt to control which voices are heard as legislative members around the country attempt to strategically redistrict areas to ensure their parties either remain or seize power. Gerrymandering is not a thing of the past, which means we must continue to be vigilant and guard against apathy.

Contrasting the Juneteenth early celebrations with statistics offered by Yang at the PALSD dinner, it is humbling to think about how little the general population has done with the gift of democracy as of late. Yang said there is only around a 20 percent approval rate for Congress and yet there is a more-than-90 percent chance incumbents will be reelected to their seats.

As members of the legal community, we are tasked with safeguarding against prejudice in all of its forms. This means we cannot afford to be apathetic, falling back on that all-too-easy belief that what needed to be done has been accomplished. Participating in local events with the various bar associations is a solid way to gain perspective of what various groups face and how you can get involved. You can also check out the San Diego County Bar Association website, which features numerous resources to help you get more involved in securing diversity for our community.

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Genevieve A. Suzuki has her own practice, Law Office of Genevieve A. Suzuki, A.P.C., primarily focusing on family law and restraining orders.

We Connect You With More Clients

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The public trusts LRIS as the reliable way get connected with qualified attorneys. Lawyers trust LRIS too, because we carefully pre-screen potential clients to ensure we only send you referrals that match well with your practice area.

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Request your LRIS application: 619.321.4150 or LRIS@sdcba.org

by Sarah Amouzandeh

TREES AND TAXES

After graduating from the University of California, San Diego with a bachelor's in political science, I soon found myself applying to law school. It checked all of my boxes — intellectual stimulation, an opportunity to dissect complex legal issues, the ability to make legal remedies more accessible, and, of course, ample pay after graduation. Before starting, I educated myself on the difficulties of law school by reading every book and blog and by interviewing practicing attorneys. However, there is no substitute for learning firsthand. By my second week of law school, I found myself battling a steep learning curve, as reading case briefs for the first time felt like stirring concrete with my eyelashes.

Over time, though, I was soon enjoying the novelty and intellectual stimulation of law as I handled shifting assignments and previously insurmountable tasks with renewed optimism. I began to feel comfortable with the ambiguity, and found myself looking for challenges instead of avoiding them.

In my second semester, as applications for summer jobs were posted, I struggled to find an area of law that interested me. While speaking to a friend about my job search, she suggested we go to a tax law event for the free lunch, and on the off chance I would be interested in what the panelists had to say. The panelists’ stories piqued my interest. The next day, I applied to work at the State Sales and Use Tax Clinic at my law school for the summer to test out this new area of law.

The clinic was a month long and focused on representing clients before the California Department of Tax and Fee Administration (CDTFA). My clients, although completely unfamiliar with the tax laws governing their issues, acutely felt the consequences of their unintentional noncompliance. I found the role opened my eyes to the true breadth and depth of tax law.

In the fall, I began Tax I (or Federal Income Tax). I found every new concept intriguing, and I began thinking of tax law as a large tree. As trees have many branches, leaves, and roots, tax law can be incredibly complex and have numerous rules, regulations, and exceptions. This interconnectedness allows a single change in an

area of tax law to have a rippling effect throughout the entire system, allowing for growth as new laws and regulations are introduced, and old ones are revised or repealed. The fruit on trees can be seen as the various provisions within tax law, each with its own unique characteristics and requirements that must be navigated by taxpayers to maximize their benefits. All of the tax codes and statutes are similar to the trunk of the tree, providing structure for all of the branches. Just as a tree provides shelter for animals and people, tax law can provide shelter through various deductions and credits that reduce the amount of taxes owed. The ubiquitous nature of tax law made me want to surround myself in the area even outside of an academic setting, so I applied to be a summer intern at PwC in the Washington, D.C. office in the State and Local Tax Department.

After starting the position, I soon found tax law to be a perfect blend of consulting and compliance. The intricacy and complexity kept me hooked. Clients expected both creative and practical solutions to their tax-related issues. On a daily basis I found myself conducting legal and factual research on topics that had just been introduced. The articles I had previously scrolled past were now bookmarked and regularly visited as I wrote memos. I worked on issues ranging from helping small businesses register with the state, to filling out licenses for yoga studios to sell products in their storefront, to drafting memos for tax refunds for universities building cancer treatment sites. I soon began to feel the achievement I had associated with the legal profession before becoming a law student.

Tax law ticks every box and flexes every muscle. There is the complexity, room for growth, and constant learning as tax laws are constantly changing and evolving. It is no surprise to me that tax attorneys are consistently ranked the happiest, and I am excited to join the ranks as one myself at PwC after graduation.

Sarah Amouzandeh (samouzandeh@sandiego.edu) is a 3L at the University of San Diego School of Law. She will pursue tax law after graduation, as an associate in the State and Local Tax Department at PwC. Outside of law school, she enjoys going to the beach and taking runs with her Yorkie, named Dixie.

ETHICS by Edward McIntyre

A recurring series where fictional characters discuss real ethics scenarios. Macbeth, a long-recognized expert in legal ethics, professional responsibility, and the law of lawyering is joined by Duncan, his nephew, and Sara, the very bright newest member of the firm.

OVERSEEING THE UNSEEN SUPERVISING

REMOTE PRACTICES

Macbeth, Sara, and Duncan were returning to the office when Roscoe Lockett approached. “Hi, Macbeth. Mind if I tag along?”

“Not at all, Roscoe. How’s your firm? You’ve expanded!”

“We have. Doing great. Finally figured out how to deal with post-pandemic staffing.”

“Congratulations. Not an easy task. Mind joining us? Share the wisdom?”

“Lead on.”

Soon all four were comfortably seated around Macbeth’s conference table.

“Tell us, Roscoe, how’s your firm addressing staffing in a post-pandemic era?”

“Partners practice from wherever they want. Just keep clients happy. Keep up billable hours. They love it. Rarely see most of them.”

“Associates? Non-lawyer professionals?”

“Pretty much the same. No “mandatory” in-person requirement. We encourage everyone to be in the office two, three days a week. Some do more. Some less. The plan’s getting good reviews.”

“Getting assignments, reviewing work?”

“Email, text, phone. Zoom, of course.”

“You’re managing partner now?”

“Yup. As of January 1. Getting a feel for it.”

“Tell me. With so many lawyers working remotely, how do senior lawyers mentor younger colleagues?”

“Mostly email, text, Zoom. Sometimes meeting at the office or elsewhere. Why do you ask?”

“Just thinking about our ethical obligation to supervise others. Especially younger lawyers. Seems difficult, I’d think — to do by text, or email, or on Zoom. What’s your experience?”

“Well, it’s not like when you and I were young. Everybody in the office. Lunch with a partner. A beer after work. Things are different now. Technology makes remote work so easy.”

“For practice, yes. But how about mentoring? Developing talent? The obligations of rule 5.1?”

“How’s the rule come into play?”

“Well, we in firm management have the duty to take reasonable steps so that our firms have measures in place reasonably to make sure our lawyers comply with the rules and State Bar Act.”

“OK —”

“At a minimum, we have to make sure inexperienced lawyers are properly supervised.”

Sara interjected. “For example, how can my supervisor know I’m following the rules if we almost never see each other? Rarely meet? If I have to arrange a Zoom meeting

Illustration by George W. Brewster Jr.

just for a quick sanity check?”

“I’m sure Macbeth keeps tabs on both of you —”

“He does. But much of the time, he’s here. We’re here.”

Macbeth followed up. “We who supervise other lawyers have a more particular duty. Let’s face it, almost all of us supervise someone.”

Roscoe nodded. “Agreed.”

“Supervisors have to make reasonable efforts to ensure supervised lawyers comply with the rules. How do we do that if we have almost no in-person contact?”

“I see your point. But —”

“May I ask? As managing partner, does the firm have procedures reasonably to determine if supervisors are supervising? Doing ethics mentoring?”

“Think we need procedures?”

“Well, if each partner has a duty to see that the lawyers they supervise follow the rules — practice ethically — doesn’t the firm have to make sure partners are actually supervising? That they have some program in place?”

Duncan added, “I assume remote practice is the new normal?”

Roscoe nodded. “At least for now.”

Sara followed up. “If that’s the case, does management have a responsibility to keep track?

To make sure senior lawyers are, in fact, properly overseeing inexperienced lawyers?”

Macbeth added, “To make sure a relatively small issue

doesn’t blow up into something catastrophic, just because a young lawyer couldn’t get an answer.”

“Good point.”

“Setting aside — but only for a minute — ethics questions, doesn’t effective mentoring produce benefits for a firm?”

“Of course —”

“I’m thinking of practical advice, based on experience. Things like career development. Client development. Cohesion and loyalty.”

“That’s how you and I learned.”

“And you learned exceptionally well. Managing partner and all.”

“Thanks. Let me ask: Could your team develop a program for us? You know, ethical obligations to manage and supervise? How to do it when practicing remotely?”

“Gladly. But only if it’s in person.“

Roscoe laughed. “I get your point. Let me arrange it. By the way, thanks for asking those questions. As I said, I’m still getting a feel for management.”

Editor’s Note: Macbeth referred to rule 5.1 (Duties of management and supervising lawyers); rule 5.1 Comments [2] and [5].

Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.

GOT A LEGAL ETHICS QUESTION?

CALL THE LEGAL ETHICS HOTLINE: (619) 231-0781 x4145

The SDCBA Legal Ethics committee is here to help! SDCBA members can call our Legal Ethics Hotline* for guidance and perspective on a variety of ethical considerations in the practice of law. Your call will be taken by a seasoned attorney with significant experience in legal ethics issues.

Simply call the hotline and leave a message with your phone number, your question, and any context you can provide that can help our attorneys research your question before responding. One of our Legal Ethics Committee members will call you back to discuss your question with you.

*Before calling, please read this disclosure: https://www.sdcba.org/ docDownload/47105.

Artificial Intelligence Chatbots

I touched on this in earlier columns, but the recent news and hype suggest another admonition. ChatGPT was built on OpenAI’s family of large language models (LLMs). Since its launch on Nov. 30, 2022, many articles and blog postings have reported experiments with ChatGPT, and other manufacturers have rushed to tout or introduce AI as a component of their products. The legal profession is naturally intrigued by possible uses of AI and LLMs, and already some prophetic announcements are suggesting uses that will replace jobs and complete tasks performed by law offices.

Given six months of developments, the jury is still out (in legal terms) while considering the validity and accuracy of many of these suggested solutions. This is one area where lawyers should tread carefully and move forward cautiously before committing time and money to experiment with and acquire shiny new things.

First Mobile Phone and First Phone Call

Dr. Martin Cooper of Motorola made the first phone call on a cellular network on April 3, 1973. Standing on Sixth Avenue in Manhattan and using a prototype phone, he dialed the number of his chief rival at AT&T. However, it was another 10 years before the first commercial sale of a handheld device. The Motorola DynaTAC8000x sold for $3,995, weighed over 2 pounds, and stood about 12 inches high. It stored 30 phone numbers and took 10 hours to recharge. You can find more details at https:// en.wikipedia.org/wiki/Martin_Cooper_(inventor)

TECHNOLOGY by Bill Kammer

TECH TIPS AND TIDBITS

Insecurity of Some IoT devices and Wi-Fi Cameras

Commentators have cautioned that your Wi-Fi camera may be streaming to the whole world. Thousands of old cameras connected to the internet are in use throughout the world. Many may have been insecure when they were first sold or incorrectly configured from the start. Others have become insecure with age and can no longer install the latest security updates (https://www. howtogeek.com/865299/psa-your-wi-fi-camera-mightbe-streaming-to-the-whole-world).

Similar risks are presented by smart devices. NEXX manufactures devices such as alarms and garage door openers. Recently, security researchers have warned of serious holes in their products. NEXX has ignored those warnings and even attempts by government agencies to get those problems fixed (https://grahamcluley.com/ nexx-smart-alarm-garage-door-vulnerability).

I mentioned earlier the need to make sure that home routers connecting our virtual desktops to our offices are kept up to date as necessary. Netgear is a popular manufacturer of those routers and continues to issue updates to address high severity vulnerabilities. More information is available at https://www. bleepingcomputer.com/news/security/netgearwarns-users-to-patch-recently-fixed-wifi-router-bug.

eDiscovery Resources

Every year Andrew Hasslam updates his popular buyers guide, “The eDisclosure Systems Buyers Guide.” This year’s update was released during Legalweek in

late March and is a valuable resource for anyone with an interest(https://complexdiscovery.com/buyers-guide).

For a list of over 100 eDiscovery resources with links to the recommended sites, visit https://complexdiscovery. com/a-good-starting-place-100-ediscovery-resources Not really TMI; this is a comprehensive list of information, free for the asking.

AI Buzz Words

As you read notes and articles about ChatGPT, other chatbots, and LLMs, you’ll see several, perhaps unfamiliar words that have joined the conversation. “Hallucinations” are a polite phrase for the well-written but inaccurate responses to certain chat prompts. Really a polite phrase for wrong answers, it is an answer that is either factually incorrect or contains facts unrelated to the question asked. Recently, ChatGPT invented a sexual harassment scandal and named a real law professor as the perpetrator. It referred to a class trip to Alaska and a related March 2018 Washington Post article. There was no class trip to Alaska and no such article in the Post (https://www.washingtonpost.com/ technology/2023/04/05/chatgpt-lies).

Similarly, many conversations will discuss “sentient AI.” AI will be sentient when it has acquired the intelligence to think, feel, and perceive like humans. For the present, and perhaps in the foreseeable future, AI is not sentient. The confusion results from ChatGPT’s answers being often literate and seemingly responsive, but that doesn’t mean they are sentient. Recently a U.S. senator stated that ChatGPT had learned advanced chemistry, teaching itself on the large database that includes lots of information about chemistry. The truth is it hasn’t learned chemistry, but it can assemble what others have said and regurgitate it.

The flurry of reports and articles since November 2022 and the rush to market AI-enhanced products provoked an open letter in late March from thousands of signatories including Elon Musk and Steve Wozniak. It argued for a six-month pause in the training of AI systems more powerful than GPT-4. What effect the plea might have is still an open question (https://futureoflife. org/open-letter/pause-giant-ai-experiments).

Bill Kammer (wkammer@swsslaw.com) is a partner with Solomon Ward Seidenwurm & Smith, LLP.

When the Tom Homann LGBTQ+ Law Association (THLA) hosted its annual dinner on May 18, hundreds of attorneys, judges, and friends, including many of San Diego’s 13 sitting LGBTQ+ judges, were in attendance.

It was a far cry from THLA’s early days, 30-something years ago.

“There were a few people in the LGBT community who were afraid they would get outed by their association with THLA,” says San Diego Superior Court Judge Paula Rosenstein, who served as co-president of THLA from 1994 to 1996. “They would even cross the street if we were walking by the courthouse, so they wouldn’t be seen with other LGBT attorneys.”

Superior Court Judge David Rubin, who was appointed in late March to the California Court of Appeal, recalls those days as well.

“I remember when we first started the THLA dinners, a couple of judges would come, but a lot of the bench didn’t want to,” he says. “People were cordial to you, but nobody was going to come to your events. It was just a different time where we had to lay down the basic foundations for acceptance and being treated equally. THLA as an organization was really important in helping us get that work done.”

Rubin, elected to his seat in 2006, was one of the first openly gay judges on the San Diego bench. A former prosecutor, he says he had a few colleagues in the District Attorney’s Office who would not talk to him when he first started in the office. But by the time he ran for judge 20 years later, his sexual orientation was not an issue.

“It was just sort of an organic part of whatever my story was, nothing to be avoided,” Rubin says. “This was now 2006 … there were huge changes by then. We had an openly lesbian district attorney. We had a huge law enforcement contingent marching in the Pride parade. Much had changed.”

LGBTQ+ JUDGES FIND SAN DIEGO BENCH A WELCOME HOME

By Jodi Cleesattle

Where it started for local LGBTQ+ judges was with Sandra L. Berry, San Diego’s first openly gay judicial officer, who served as a court commissioner from 1987 to 2010.

In 1993, U.S. Magistrate Judge Ruben Brooks became the first openly gay judicial officer on the federal bench nationwide, serving on the U.S. District Court for the Southern District of California until his retirement in 2016, although he has continued to serve on recall status.

Bonnie Dumanis became San Diego’s first openly gay Superior Court judge in 1998, after being elected to the Municipal Court in 1994. She later served as San Diego’s first openly gay District Attorney.

Theodore Weathers, who had been serving as a commissioner since 2000, was appointed to the Superior Court in 2003, becoming the first openly gay judge appointed to the court.

In 2019, Patrick Bumatay, based in San Diego, became the first openly gay judge on the U.S. Court of Appeals for the Ninth Circuit.

Today, LGBTQ+ judges serve in three of the San Diego Superior Court’s supervisory roles. Rosenstein, appointed in 2012, is supervising judge for Family Court; Garry Haehnle, elected in 2008, is supervising judge for South Bay Court; and Michael Groch, appointed in 2010, is supervising judge for Criminal Court.

Haehnle, who served as a commissioner for two years before being elected to the bench, says Rubin encouraged him to run for judge. He says that, even though Rubin and Weathers were the only two gay judges on the bench at the time, he always felt welcome.

“As a commissioner in Vista, I once asked why it was easier for the heterosexual community to accept women together than men together,” Haehnle says. “There was a strange mix of answers. Now, the evolution has moved to accepting everybody.”

Rosenstein says she has never had anything but support from the court leadership, her colleagues, and staff. But she recalls one negative interaction before she took the bench, when she was serving as president of Lawyers Club of San Diego from 2001 to 2002.

“I was at a Lawyers Club golf tournament,” Rosenstein says. “I was one of the last ones to leave. I got back to my car, and somebody had written in the dust, ‘dyke.’ That was hard. I felt a punch in the stomach. I don’t think any Lawyers Club person did that, though; it was a public parking lot. Considering all the terrible things that have happened to LGBT people over the years, and especially now, that was nothing. They didn’t even scratch the car.”

Superior Court Judge Laura Duffy, who was appointed to the bench in 2016 after having served as U.S. Attorney for the Southern District of California since 2010, had a few negative experiences of her own early in her legal career. She says she came out as gay right before she went to law school, and she and her then-partner were featured in a front-page article in the Des Moines Register about what it was like to be gay in Iowa. When she arrived for law school at Creighton University in neighboring Nebraska, she endured some hazing.

“It was rough when the article came out,” Duffy says. “People taped the article to my locker. Some people complained to the dean of the law school about a lesbian attending a Jesuit law school. … It was a little nerveracking. I just kept my head down and did my business. The hazing part fell along the wayside.”

Duffy, who notes that her law school dean told those who complained that the school embraced diversity, recalls her sexual orientation being raised as an issue again when she underwent a background check for the U.S. Attorney General’s Honors Program after graduating law school in 1993. The FBI investigator who called her noted that, “it has come to our attention that you are a homosexual” and advised that he would be talking to references about her sexuality.

Those experiences notwithstanding, Duffy says she is grateful she has had to endure relatively few negative experiences in her professional career. An unhappy family law litigant once tried to get her recused because she was a lesbian but was unsuccessful.

“My experience with the San Diego Superior Court presiding judges and my supervising judges has been nothing but wonderful,” Duffy says. “No presiding judge

or supervising judge has ever treated me or my family or child-related issues any differently than I imagine they would for a heterosexual couple. They have always respectfully referred to my wife, Keri, as my wife and included her.”

Rosenstein says she believes LGBTQ+ judges can bring a helpful perspective to the bench.

“There are life experiences I’ve had that others have not had, that are helpful,” she says. “It’s important to have a variety of perspectives on the bench. We all bring different perspectives, based on our gender, sexual orientation, race, religion, practice area. It all factors into how you see the world and how you’ve been treated by the world. You bring that on the bench, and I think that’s beneficial.”

Rubin adds that diversity on the bench improves public confidence in the judiciary.

“This all works because people have confidence in outcomes,” Rubin says. “The community has confidence in the outcomes when they see themselves reflected back. Being LGBT on the bench is a great asset. All the diverse communities being represented on the bench is a great asset.”

The positive trends show up in the Judicial Council of California’s annual demographics report. Judges were first asked to report their LGBTQ+ status in 2011. At that time, some 40% of respondents declined to provide sexual orientation information, and only 2.3% identified as openly LGBT. In the 2023 statewide report, those numbers are 20% and 4.7%, respectively.

With 11 openly gay judges, San Diego Superior Court has about 8% LGBTQ+ judges, including the most recent appointment, Lilys McCoy, a past president of THLA, Lawyers Club, and the San Diego County Bar Association. The federal bench in San Diego has two openly gay judges.

Haehnle says he has seen the evolution of LGBTQ+ acceptance in San Diego’s legal community.

“When you go to the THLA annual dinner, the support is phenomenal,” he says. “When you’re there, and you look out at the audience, it’s incredible.”

Jodi Cleesattle is Senior Assistant Attorney General for the Tort & Condemnation Section with the California Department of Justice.

SIDEBAR:

JUDGE RUBEN BROOKS

The first openly gay United States federal judge

By Rafael J. Hurtado

On Sept. 2, 1993, Ruben Brooks was appointed to the Southern District of California as a United States magistrate judge. However, the term “appointed” does not do this moment justice. It would be more apt to say that on Sept. 2, 1993, Ruben Brooks had the audacity to be himself and the courage to enter a world that no one like him had ever explored.

Judge Brooks was born in El Paso, Texas. In 1962, at age 12, he moved to the Lincoln Heights neighborhood of Los Angeles with his mother and brother. While the Civil Rights Movement was in full swing, he grew up learning the value of grit and hard work from his mom, a single Latina mother, who succeeded in creating the right circumstances for him to seek a higher education. In 1971, he graduated with a Bachelor of Arts from the University of California, Los Angeles. He then went on to Yale Law School and graduated in 1974.

As a lawyer, Judge Brooks clerked for District Judge Gordon Thompson and then practiced civil litigation. Motivated by his childhood hero, President Kennedy, he also ran for Congress in 1978. Meanwhile, the gay community was going through a dark time. The AIDS epidemic was wreaking havoc. Hate and fear toward gay people were ever-present. This environment destroyed many but not him; as he lost people he cared about, he fought through the grief and pressed on.

It was not until the appointment process that Judge Brooks felt compelled to fully come out. If he was going to be a judge, he would not stifle who he was. He came out during the appointment process; the court hesitated and postponed his swearing-in ceremony. Facing possible rejection, he mustered the courage to face person after person, judge after judge. Eventually, the court continued with the appointment but told him that “[t]hey would like me to get an HIV test,” Judge Brooks says. “My first reaction was that I wasn’t sure that I wanted to do that, and I said, ‘I don’t know that that’s a fair request.’” He ultimately agreed and persisted in his vulnerability.

Judge Brooks served as a magistrate judge for nearly 30 years. Throughout his tenure, he read to Latino students at Central Elementary, mentored young lawyers, and supported organizations like the San Diego La Raza Lawyers Association. On Jan. 8, 2023, Judge Brooks fully retired from the bench, but his example of having the audacity to be himself in a humble yet confident manner continues to shine.

Rafael J. Hurtado practices environmental law as a Deputy Attorney General at the California Department of Justice.

Q&A WITH JUDGE JAMES SIMMONS

By Isaac Jackson

On March 9, 2023, the Senate confirmed Judge James Simmons as the newest U.S. District Judge for the Southern District of California. I recently had the opportunity to speak with Judge Simmons about his path to the Federal Bench.

What inspired you to go into law?

I was always one of those kids who talked a lot in school, who had teachers say, “You talk so much, you’re going to become a lawyer.” It didn’t hit home until I was in ninth grade. I was watching the O.J. Simpson trial and I saw, for the first time, a Black attorney. I saw Johnny Cochran in trial, and it inspired me to seek a career in law.

What prior experience did you find was most helpful to you in your role as a judge?

It was really my upbringing in South Central Los Angeles. Learning how to navigate dealing with people, with different gang territories, and being able to relate to people. That experience, as well as my experience in college while at Berkeley, being immersed in a much larger pond and dealing with different cultures that I had never had any interactions with previously. Learning how to communicate with people — just learning to get along with people, and be receptive, listen, be open, and get to know them. Those experiences helped me as a judge.

What was your experience like going from a trial attorney to a judge?

Being a trial attorney was all about being a strong advocate. It took some time for me to realize that I’m not an advocate here. I’m here to listen to the parties and give them a fair chance to be heard. Not to advocate for one side or the other. I can’t assist either party or else I’m putting my thumb on the scale of justice, which isn’t fair and isn’t my role.

What do you anticipate will be one of your biggest challenges as a federal court judge?

Learning a new system. I am learning things from the ground up, but it is a challenge I accept. I am looking forward to that. I have already started the learning process and I will continue to learn. My goal is to grow and be better every day. I recognize that I will make

mistakes. I am not perfect, but my goal is not to make the same mistake twice.

What was the biggest challenge of the confirmation process?

The wait. In the confirmation process, you have no control. You set a goal, but you can’t do anything to help effectuate that goal. The wait makes sense because for a lifetime appointment, you want someone to be fully vetted, but you have to sit there and wait for the process to complete itself. That was the most frustrating thing.

Did you ever see yourself being a judge when you started out?

My goal when I became an attorney was to be the greatest trial attorney I could possibly be. It was never my goal to be a judge until I was pulled over by the late Judge Leo Valentine. He asked me if I ever thought about becoming a judge. If not for him, this is something that never even would have gone in my mind.

In the 173-year history of the U.S. District Court Southern District of California, you are only the fourth African American to be confirmed as a judge. What does that mean to you?

It’s extremely humbling. I am walking in the shadow of legal giants like Judge Gilliam, Judge Jones, Judge Riggs, Judge Trapp, Judge Houston, and many others who have paved this path for me. If not for the sacrifices that they made throughout their legal careers to reach these positions, there is no way I would be here.

What advice would you give to attorneys who aspire to become judges?

Your reputation is important. You can’t just spend 10 years developing a bad reputation, because when it comes time for appointment, that reputation is going to come back to hurt you. Really perfect your craft and be the best possible attorney you can be in whatever area of the law you practice.

Isaac Jackson (isaac.jackson@sdcba.org) is Deputy District Attorney with the San Diego County District Attorney’s Office.

Before March 2020, attorney parents were usually expected to be attorneys first, parents second. Hard-won law degrees, professional licenses, and partner tracks were often in the forefront of legal minds, pushing lawyers to tell their families, “Later,” when asked when they would show up as either a participant or attendee at a school event.

The COVID-19 pandemic forced many attorneys to do a hard restart, however, as court calendars shut down and required social distancing took away long hours at the office. As the dust settled, after getting past struggling to log onto Microsoft Teams hearings and consult with clients via Zoom, attorney parents realized they may actually be able to have families and billable hours too.

Kevin Kennedy, a co-founding partner of Kennedy & Souza APC, credits the pandemic with the incorporation of technology in everyday practices that once demanded in-person attendance, which took him away from his family far more often than he would have liked. For instance, he did a 37-day binding arbitration via Zoom, allowing him to drop off and pick up his kids from school. “What would have happened [before the pandemic] is I would have been in Los Angeles for five days a week,” Kennedy says.

Kennedy, whose firm allows all of its attorneys the option to work remotely, says COVID “forced you to appreciate your family and know it is not worth the twoand-a-half hours on the road every day. It worked some magic in a way.”

Attorney Veronica Longstreth remembers when being a mom was seen as a weakness by a firm she worked for 30 years ago. At that time, Longstreth had moved to parttime work after having her son. “They told me, ‘You can either be a mother or a lawyer. We think being a mother affected your legal skills,’” she says.

POST-PANDEMIC PRACTICE ALLOWS FOR PRESENT PARENTING

By Genevieve A. Suzuki

Longstreth, who is married to the Hon. Robert Longstreth, took the exchange hard. A first-generation attorney who graduated from UCLA Law School, worked for the Department of Justice, and presented to Congress in Washington, D.C., Longstreth says she had to try to rise above it. “I was just mad,” she muses. “They just clearly didn’t want women who were mothers and working part time.”

The message was heard loud and clear by the remaining women in the firm. For about 10 years, no one worked part time after Longstreth left. “It was your child or the firm,” Longstreth surmises.

Soon after Longstreth moved on from the firm she received an offer from Matthew Bender to write a legal treatise about suing in tort over nuclear issues. When it was nationally published, she sent a copy to the firm with a note that said, “From your incompetent former associate, the only associate who is nationally published.”

Eventually Longstreth made the very difficult decision to step away from lawyering to be there for her family full time. She recalls one day going to pick up her son, Daniel, from school and seeing him standing by himself with a crestfallen look on his face. He turned to her in the car and asked, “Mom, do you have to work for us to have food?” Longstreth says she wasn’t even at a firm at that time. “I could just tell he needed someone to be there 24/7 and just deal with this kind of stuff. It’s hard despite your best efforts.”

Daniel is now 31 and thriving in adulthood. Longstreth doesn’t regret her path, but envies today’s attorneys who now have remote working as an option. “I wish I had been born later,” she says.

The American Bar Association’s 2022 Practice Forward Survey recommends employers develop hybrid work policies with broad input from women and diverse

lawyers regarding “flexible hours, shorter work weeks, and child care resources.” This survey found that the “legal profession is still adjusting to the profound changes caused by the pandemic.”

Despite increased flexibility presented by remote work from home, attorneys still have to be on guard against burnout, says Katie Parker, chief of the civil division of the U.S. Attorney’s Office who manages 23 civil litigation attorneys.

“For the most part, the flexibility that comes with remote depositions and hearings and the availability of telework increases the time that lawyers have for their families and friends and other interests. But the fact that a lawyer can essentially be working any time and any place is something we need to be mindful about. It’s important to set and hold boundaries and make space that’s just for the ‘life’ part of work-life [balance],” Parker cautions.

As with private practice attorneys, government lawyers have more flexibility to telework than existed prepandemic. “The pandemic changed civil litigation at the government in several ways. Many depositions and mediations still take place over Zoom even though they could take place in person now. This reduces travel and increases flexibility, but of course the intangible advantages of in-person interaction are lost,” says Parker.

Benjamin Morris, a partner at Foley & Lardner LP, a firm comprising 1,200 lawyers in 20-plus cities, says remote relationships have always been part of Foley’s practice because of its nationwide footprint. “I’ve always worked with attorneys [in other offices] around the country,” he says.

Morris made partner around the same time as COVID shut down offices. “There were concurrent reasons for additional flexibility,” he admits. “It’s hard to isolate just one reason. The long-term fallout of COVID [lawyering] is there’s not an expectation that you’re in every day of the week.”

Even so, Morris is back in the brick-and-mortar office at least 80% of the time. He says the firm is encouraging lawyers to return to in-person work. “Young attorneys miss out on opportunities if they’re not around the table during that meeting,” he says.

And although Morris has returned to the office for the majority of his work time, he says the pandemic has changed his approach. “I have a feeling of wanting to be more connected to my family and shuffle that [work] time around so I can put the hours in where I need to,” he says.

Benjamin Morris and his family participating in an escape room at Fashion Valley

Kevin Kennedy and his son at the beach

Genevieve A. Suzuki has her own practice, Law Office of Genevieve A. Suzuki, A.P.C., primarily focusing on family law and restraining orders

RESULTS MATTER

Frantz Law Group Brings multibillion-dollar justice to the wronged.

For 43 years, Frantz Law Group (FLG) has been a powerhouse player in some of the nation’s most significant, high-stakes litigation. From 2020-23 alone, the firm secured over 60 multimillion-dollar individual awards (totaling over $400 million) and helped attain several multibillion-dollar settlements that have benefited thousands of FLG clients1

Founder James P. Frantz is driven by the belief that every person’s life is significant, and no injured victim should go uncompensated when their lives have been upended by the negligence of others. Bringing litigation against the reckless and negligent parties many times leads to significant safety changes in behavior and attitude that will presumably negate future harm to others.

Wildfire, Gas Blowouts, JUUL

For the last 3 decades, FLG has represented victims of wildfires caused by public utility negligence—namely the 2017 North Bay Fires, the 2017 Thomas Fire and Montecito Mudslide, the 2018 Camp Fire and Woolsey Fire, the 2019 Getty Fire, Kincade Fire and Saddleridge Fire, the 2020 Mountain View Fire and Bobcat Fire, the 2021 Dixie Fire and in 2022 the McKinney, Mill, Mosquito and Fairview Fires. FLG is currently representing over 6,700 victims associated with these wildfires.

As a result of the largest methane gas leak in United States history, more than 35,000 residents (FLG represents 8,202 clients) of the Porter Ranch community are being compensated by the $1.8 billion settlement secured by FLG and other law firms representing clients2

On behalf of nearly 1,000 school districts nationwide, FLG achieved a positive outcome against JUUL Labs Inc. wherein JUUL agreed to pay $1.2 billion for causing the U.S. youth-vaping epidemic. Although the case was settled against JUUL, another defendant known as Altria remains. A trial took place in the United States District Court for the Northern District of California and a proposed Altria global settlement3 is $235 million and pending. “We’re passionate about protecting society’s most vulnerable populations against entities that seek to exploit victims for financial gain, and we advocate for those who have been wronged by negligence and reckless misconduct. Our landmark verdicts/settlements serve as a reminder to large corporations (and individuals) that engage in reckless misconduct will not be tolerated or go unpunished. These cases have the power to force long-term corporate and individual safety change,” says Frantz.

Preparing for Success

With 16 lawyers, 30 staff members, and 13 offices throughout California and Hawaii, FLG has the manpower and decades-earned experience to execute winning trials and settlements of the highest caliber. To prepare for the most complex cases, the firm assembles a mock trial (or mock trials) to present both the plaintiff and defense side, a process that fine-tunes FLG’s strongest arguments and exposes case weaknesses. Mock jurors offer valuable insight as to the quality, clarity, and persuasiveness of the evidence. FLG has been ranked Tier 1 in U.S. News – Best Lawyers® “Best Law Firms” from 2010-23 for mass tort litigation/class actions - plaintiffs. James Frantz is a fellow and associate of the American Board of Trial Advocates, is AV® rated by MartindaleHubbell®, is a 30-year Special Master appointed by the State Bar of California and a 20-year Master in The Enright Chapter, American Inns of Court.

1Each case is dependent upon its particular facts, and no prior result is a guarantee or prediction of another case’s possible outcome. Nonetheless, our prior cases show the kind of results we can often achieve.

2This is the amount recovered by all victims as part of a collective settlement. Under the settlement terms, each plaintiff’s recovery is determined based on various factors. This amount is not the total recovered by Frantz Law Group clients

3A global settlement includes all claims of all plaintiffs.

James P. Frantz approves the content of this advertisement. This advertisement is not an endorsement by the SDCBA.

Why I Lawyer

IF NOT ME, THEN WHO?

BY GEORGE SEYMOUR

In junior high school, it hit me like a brick: the realization I needed to make a difference. If not me, then who? It was a Wednesday evening at church, and the junior high students were having officer elections. It was an open election where everyone could cast four votes, and the person who received the most votes was elected president, etc. In the end, it was a tie: George and Melissa tied for the most votes. I expected the youth pastor would announce a tie-breaking vote. Instead, he walked to the lectern and announced that I was the new president because I was a boy, and Melissa was the vice president because she was a girl. I knew his decision was fundamentally unfair and wrong, but who were we as students to challenge the establishment? He explained his decision by stating, “the Bible says women are subservient to men.” I decided at that moment I wanted to effectuate change and make a difference. It was the beginning of my inherent skepticism of accepting things simply because “that’s the way things are.”

While I had a great experience in high school, my time at the University of California, San Diego was disappointing. Being from a military family, I needed to work (delivering pizzas) and had little time and money for extracurricular activities. I wanted a career in the JAG Corp, however, being part of the (not out) gay community, I knew expulsion from the military for being gay was more than a possibility. Although fundamentally unfair, this was my reality, and I knew that this path was foreclosed to me. Shortly after undergrad, my stepfather passed away suddenly in his early 40s and I needed to help my family, which threw a wrench in my plans to attend law school. Each of these experiences helped shape and define who I am today.

Two years later I moved to LA to begin law school, where I gained valuable experience externing in the state courts, federal courts, and California Attorney General’s office. I also served on the Student Bar Association and was published in “Law Review.” While I enjoyed all my experiences and the opportunities they provided,I knew

that I wanted to help the “underdogs,” and I wanted to do so not at the direction of someone else, but by working for myself.

It was difficult at first, as it was for many solos. I had no office, I worked from home and struggled to get clients. Yet despite these challenges, I kept focused on working for myself and volunteered during the slow times. I volunteered at the Los Angeles LGBT Center’s legal clinic and in the process, gained a lot of experience in different areas of law. And after moving back to San Diego, I slowly became more involved with San Diego’s diverse bar community.

One of the most rewarding experiences of my career has been volunteering as a judge in Teen Court. Over the years, I presided over approximately 25 criminal cases, utilizing restorative justice as the rehabilitation model. This experience has given me a unique perspective on the criminal justice system, and I have seen firsthand the power of restorative justice as young people turn their lives around before continuing their behaviors into adulthood. Practicing law, working together with others to effectuate change, and volunteering your time for those in need are three things that go hand in hand. Everyone should volunteer their time!

Initially, I chose to become a lawyer because of inequities I saw and experienced. Eventually, I learned not everything is a zero-sum game; you can work toward making changes that create benefits for everyone. Effectuating those changes are where I like to spend my time. From my many years of practice and volunteering, I have learned that an individual lawyer can be a more powerful force for good than they know, and I am proud to be a part of this important profession.

George Seymour (george@georgeseymour.com) is an estate and trust attorney in San Diego and a Past President of Tom Homann LGBT Law Association (THLA). He currently serves on THLA’s Board of Directors, the Executive Team of SDCBA’s newly formed DEI Division, and the San Diego County District Attorney Community Advisory Board.

San Diego Lawyer congratulates the 2023 San Diego County Bar Association Service Award recipients.

Get to know this year’s honorees and read about their inspiration for service on the following pages.

To see the video compilation of their thoughts shown at our live event, visit sdcba.org/2023-Service-Awards.

Why do you serve?

Much of what I see every day in my work involves the worst things people do to others. For those impacted by crime, the court system can be a daunting and impersonal process. Assisting others through the court is hugely rewarding. With significant changes in the law over the last decade, everyone involved must do more to explain and work harder toward the best possible outcome. Involvement in the greater community helps to maintain balance and perspective. And it is a reminder of the essential goodness of people and how even small things can have a major impact in someone else’s life.

What advice would you give others to inspire them to serve?

On my bulletin board, I have an article about a man who climbed Mount Everest at age 50 after a personal tragedy. His advice includes:

1. Make sure your goals come from within. Internal motivation is more powerful than external motivation.

2. Develop a credo based on your values, principles, and sense of self. Don’t let others define these things for you.

3. Don’t compromise or take shortcuts. Love the process rather than the illusion of “winning” or “getting there.”

4. Face your fears. Acknowledge them and move ahead.

5. Live a big life. Set tall goals. Achieve mastery in what’s important to you.

Why do you serve?

I have been fortunate to have had a wonderful job working for and with the public. Sometimes it is good to be reminded of how lucky we are to have our judicial system. When I had the honor of being the San Diego County Presiding Judge we would have lawyers and judges from all over the world visit. I would explain our Constitution and concepts like due process. Often, they would express astonishment at our jury system and the involvement of ordinary citizens from every segment of our community. That system works and can be improved only if we consciously commit to making it happen.

What advice would you give others to inspire them to serve?

The satisfaction one receives from public service is immeasurable. You have the opportunity to be rewarded every day knowing you are contributing to the public good.

What is your favorite quote?

“I do the very best I know how — the very best I can; and I mean to keep on doing so until the end.”

— Abraham Lincoln

Do you have any cherished advice that you have received from a loved one, mentor, or colleague?

“Do the best you can.” When I was young, those words were said to me when going off to face an uncertain situation with an unknown outcome. I remind myself of these words when confronting difficult problems. The reminder gives me the confidence to try my best and that no one can find fault if I have.

The SDCBA Law Week theme this year is “Cornerstones of Democracy: Civics, Civility, and Collaboration.” What does this theme mean to you in your work and in your daily life?

I believe most people who become involved in the court system, whether they are litigants, witnesses, or jurors, walk away with a greater understanding and appreciation of our institutions of government. As attorneys, our challenge must be to work together to educate and serve the greater community, whether by mentoring a student, assisting a colleague, or volunteering for a law-related or charitable organization. Our communities and our democracy become more just and equitable when all people — individually and collectively — get involved and take action.

Do you have any cherished advice that you have received from a loved-one, mentor, or colleague? When I was appointed, a colleague told me that I have the discretion to do the right thing, and to take advantage of that opportunity.

The SDCBA Law Week theme this year is “Cornerstones of Democracy: Civics, Civility, and Collaboration.” What does this theme mean to you in your work and in your daily life?

Every once and a while it is helpful to be reminded that our system works well only when ordinary citizens are involved and believe justice is the outcome. Sometimes our adversarial system affects the public’s view of justice. We need to continue to work to show the public our legal system works well. Civility in the profession leads toward that public confidence.

JAMES KOERBER

San Diego County District Attorney’s Office

JUDGE KENNETH SO (RET.) San Diego Superior Court

Outstanding Jurist Award

Why do you serve?

I serve because I am inspired by people’s stories and strength and believe in the power of human connection. Serving gives me purpose and fulfillment — it makes me happy!

What advice would you give to others to inspire them to serve?

Sometimes people look around and wonder how they can make a difference. I recommend starting somewhere — help one person with one thing (however small) and figure out where to go from there. That’s how we launched SABA San Diego’s Afghan Outreach Project. It was amazing to see one refugee-lawyer and then others find jobs and start to rebuild their lives. In the process I’ve learned about inequities around us and finding joy in small victories. I guess my advice is to not worry about having all the answers. Dive in, learn as you go, find your tribe, be useful, and go where the work leads. Above all, get to know the people you serve on a human level. Share meals with them, meet their kids. Learn more about them than the discrete issue you are handling. That’s been so enriching for me.

What is your favorite quote?

“You can’t change other people. You can only hope to change yourself.”

— Ashima Kaul, Peace Activist

Why do you serve?

I serve because I am a strong believer of Muhammad Ali’s quote that “Service to others is the rent you pay for your room here on Earth.” I have survived, thrived, and accomplished because of the service of many who invested in me. So it is my responsibility to return the gifts given to me. I take it very personally to always be of the greatest service I can be to everyone I come in contact with. Otherwise I will not “pay my rent for my room here on Earth.”

What advice would you give others to inspire them to serve?

I will advise everyone to take inventory of your life journey. Who was part of the journey? Who was the shoulder that you leaned on during difficult times? Who gave you the break when you needed it most? Who was your cheerleader when you did not believe in yourself? Who showed you grace? Then, think about how you felt during those times — do you feel that — smile, comfort, peace. Now, go do the same for others.

What is your favorite quote?

“To whom much is given, much will be required.”

(Luke 12:48)

Do you have any cherished advice that you have received from a loved one, mentor, or colleague?

I can’t recall specific advice, but I’ve learned so much from watching my mentors in action. For example: Be kind and collaborative. Know what you don’t know. Always give everything your all. Pay it forward by mentoring and creating opportunities for others. Expect a lot from yourself and others, but forgive mistakes.

The SDCBA Law Week theme this year is “Cornerstones of Democracy: Civics, Civility, and Collaboration.” What does this theme mean to you in your work and in your daily life?

As a research attorney at the Court of Appeal, I see the rule of law in action. Justices grapple with difficult issues and find ways to come together or agreeably disagree. I’ve seen this same spirit of collaboration in our legal community. Judges and lawyers have volunteered to support SABA San Diego’s Afghan Outreach Project. They have served as mentors, taught civics classes, helped Afghan lawyers with their resumes, handled mock interviews, hosted social gatherings, and offered jobs or fellowships. It has been inspiring to see people come together and truly make a difference. This feels like democracy in action, albeit on a tiny scale.

Do you have any cherished advice that you have received from a loved one, mentor, or colleague?

The most cherished advice that I have received was from a dear friend, 30-some years ago when I was a 20-something. I was your typical Type A perfectionist and had that same expectation of others. She told me to “remember not everyone is like you.” Those words were pivotal to me becoming the human I am who aims to meet everyone where they are and be of service anyway I can.

The SDCBA Law Week theme this year is “Cornerstones of Democracy: Civics, Civility, and Collaboration.” What does this theme mean to you in your work and in your daily life?

This is a phenomenal theme because it captures what I believe in when I serve as a Deputy Public Defender and in my daily life. I wish all of society would hear this theme because it is so important. It shows that we all have a responsibility to make the space we occupy in this great nation better for all. The best way to make the world a better place is by working together with kindness, grace, humility, and acceptance that reasonable minds disagree all the time.

MYTILI

Why do you serve?

When I was a law student, I met an attorney named Peter Quon who encouraged my public service simply by being an inspiring example. His kindness, friendship, and guidance taught me the importance of service in my career and my community. He instilled in me the confidence to run for the Pan Asian Lawyers of San Diego Board of Directors as a young attorney, resulting in nine years of service at PALSD before leading the organization as its President. Through Peter’s example, I learned the importance of building bridges through public service and the significance of advancing diversity and inclusion in our legal profession. It was this purpose that led me to serve on the SDCBA Board of Directors and is the same reason I continue to serve in my legal community today.

What advice would you give others to inspire them to serve?

Whether it is service at the SDCBA, an affinity bar organization, or in your community, serving in a volunteer capacity is an excellent way to further the causes you care about, inspire young people, make new friends, meet people outside your normal circle of acquaintances, and build leadership skills.

What is your favorite quote?

“Fight for the things that you care about, but do it in a way that will lead others to join you.”

— Ruth Bader Ginsburg

Do you have any cherished advice that you have received from a loved-one, mentor, or colleague? Don’t forget to take care of yourself so that you will have the strength to take care of others.

The SDCBA Law Week theme this year is “Cornerstones of Democracy: Civics, Civility, and Collaboration.” What does this theme mean to you in your work and in your daily life?

After immigrating to the U.S., my parents faced many challenges, including learning a new language and adjusting to new customs. Because of these challenges, as a young girl I witnessed unscrupulous people taking advantage of my parents’ lack of English proficiency in business matters, and because they did not understand the civil legal system, they chalked it up to a loss and let it go. I also saw the aftermath of their fear after they were robbed at gunpoint at the little restaurant they owned. Because they did not understand the criminal justice system, they closed up shop and let it go.

Those experiences shaped my understanding that civics, civility, and collaboration are necessary to resolving the issues surrounding access to justice and the importance of encouraging diversity and inclusion in our legal profession. By working with affinity bar organizations, the SDCBA, and through the San Diego County District Attorney’s Office, I have had the opportunity to engage in pursuits that build toward a more diverse and inclusive workplace and legal community. And with each interaction I have with law students, young attorneys, and my colleagues, I hope they are also inspired to join this cause.

Why do you serve?

I am following the lead of my mentors. They were senior members of our legal community, experienced attorneys and judges, who cared about the quality of our profession. They took the time to share with others, like myself, their pearls of wisdom not just about practicing law but being a good lawyer.

I’m grateful and indebted to those men and women. To pay it forward, I make an effort to contribute to the quality of our profession, using what I’ve learned over the years, whenever and however the opportunity presents itself.

What advice would you give others to inspire them to serve?

Look for opportunities to contribute to the quality of our profession. If you find none that are to your liking or within your comfort level, then create one that is. You will be surprised and happy to learn that in addition to the good you do, you will benefit in one way or another from the experience.

What is your favorite quote?

“Discourage Litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often the loser — in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough.”

— Abraham Lincoln, Trial Lawyer

Do you have cherished advice that you have received from a loved one, mentor, or colleague? When I was growing up my dad was a member of a union, then a union president, and eventually a union organizer. He taught me by way of example that wherever I worked, I should become a part of and support that community in whatever means available to me.

What does the SDCBA Law Week theme “Cornerstone of Democracy: Civics, Civility, and Collaboration” mean to you in your work and in your daily life?

Democracy requires us to work together to function properly. Members of the legal profession need to set the example of civility and collaboration for the general public.

As a trial judge in Small Claims Court, my goal is to give each litigant the opportunity to tell their side of the story. To facilitate this, I explain how everyone is expected to conduct themselves in court. The parties need to be respectful of the judicial system and cooperate in the judicial process during mediation and trial.

In my daily life I find that when working with others, communication, courtesy, and cooperation are necessary elements to success, regardless of the purpose. Those involved need to listen and consider all points of view. At times, this requires patience and reflection. Any response needs to be polite and with an open mind toward compromise.

LINH LAM

San Diego County District Attorney’s Office

Service by a public attorney Award

COMMISSIONER ERNEST M. GROSS San Diego Superior Court

Why do you serve?

Serving and helping others washes away from the soul the dust of everyday life.

What advice would you give others to inspire them to serve?

Find something that nourishes your soul. Find an issue, organization, or community you’re passionate about helping. We’ve all been guilty of sitting back and doing nothing, waiting for someone else to take the lead, or for a more brilliant mind to figure things out. But there is no one else — it’s just you. That issue, organization, or community that you care about is waiting for you and your unique perspective. Your contribution, no matter how small, can create a ripple effect of positive change.

What is your favorite quote?

“Be a person who plants a tree other people can sit under.”

Do you have any cherished advice that you have received from a loved one, mentor, or colleague?

Sevā [Sanskrit word for service] is not just an act of service, but a state of being selflessly devoted to others. Cherish the opportunity to serve others with love and humility, for it is in sevā that we find true fulfillment and connection with the world around us.

The SDCBA Law Week theme this year is “Cornerstones of Democracy: Civics, Civility, and Collaboration.” What does this theme mean to you in your work and in your daily life?

Civics, civility, collaboration, and you know what else? Curiosity! These four things are the backbone of how I approach the world and serve others.

I’m constantly surrounded by people with different viewpoints, whether it be opposing counsel at work or advocating for issues on behalf of bar organizations. That’s why civility is so important — it keeps the dialogue respectful, even when opinions clash. Collaboration is key too; it’s the most rewarding way to achieve a common goal. And that’s where curiosity comes in — it’s the secret sauce that keeps me engaged and open-minded. Being curious about the world around me helps me understand different perspectives and sparks creativity when it comes to tackling tough challenges.

What inspired you to join this program?

I joined the board of Alliance San Diego (ASD) four years ago at a time when migrants and other marginalized populations were under tremendous assault on their dignity. ASD is the organization that consistently and effectively counters that narrative and uses democratic tools to advance the human dignity of all people. ASD does this in concrete ways by developing leaders, engaging the community, advocating for policies, shaping public narratives, and protecting human rights. ASD has made a tremendous impact over the last 15 years. I’m proud to be a part of it.

What motivates you, your staff, and your volunteers to continue serving the community in this way?

All of us at Alliance San Diego are committed to creating a more inclusive democracy. We do this as people who have at some point in our lives been excluded, whether as immigrants, as people of color, as people who have lived in poverty, or as people who have been marginalized in other ways. All of us — staff, board, and volunteers — have come together to create space for everyone to shape our collective future.

What is your vision for the future?

At Alliance San Diego, we envision a future where everyone has a seat at the table of

Responses by Sam Tsoi, Board Vice President, Alliance San Diego

democracy, where everyone is treated with dignity and respect, and everyone can participate meaningfully and achieve their full potential.

The SDCBA’s Law Day theme this year is “Cornerstones of Democracy: Civics, Civility, and Collaboration.” What does this theme mean to you in your work and in your daily life, and to the work your organization does?

Democracy is undergoing a tremendous stress test here at home and around the world, and we need to commit to the fundamentals. For me as a Chinese American, I don’t take the rights of citizenship and privilege of democratic participation for granted. At Alliance San Diego, we believe democracy is the means by which we pursue justice and uphold human dignity.

We are striving toward a truly inclusive democracy by engaging community members and voters to participate in public decision-making at the ballot box, at city hall, and in the public square. We are fostering civility by amplifying inclusive narratives that center human dignity and through events like the All Peoples Celebration honoring the living legacy of Martin Luther King Jr. And we are creating space for collaboration, whether that’s through our issue-based coalitions or through legal services workshops to help people become citizens and protect their families.

TARINA MAND Dixon Diab & Chambers LLC

SERVICE BY A NEW LAWYER AWARD

DISTINGUISHED ORGANIZATION AWARD ALLIANCE SAN DIEGO

Thank you to everyone who attended our 2023 Awards Ceremony, and congratulations to our incredible Service Award Winners!

Law Week Poster Contest First Place Winners

Congratulations to this year’s winners, and thank you to everyone who participated! We had many clever and creative submissions from local students.

First Place Grades K-5

First Place Grades 6-8 Jacob Cooper Grauer School

First Place Grades 9-12 Rebecca Venger Torah High School

L to R: James Koerber, Mytili Bala, Judge Kenneth So (Ret.), Sam Tsoi, Yahairah Aristy, Commissioner Ernest M. Gross, Linh Lam, Tarina Mand

PROFESSIONALISM

By David Majchrzak

Shortly after I started working at Klinedinst PC, I went to talk with Heather Rosing — now our firm’s Chief Executive Officer — and caught the tail end of a telephone conversation she was having with her father. He also enjoyed an incredible career as a lawyer and was talking about what a noble profession we have. Last year, I wrote a lot about that subject. But truth be told, it was not until I overheard that conversation that I associated that adjective — noble — with what we do.

That was really a turning point. Once you recognize the great service that lawyers play in our justice system, it is easy to become enamored with helping them. And it is difficult to think of a better way to do so than through an organization whose very raison d’etre is to connect lawyers and support their success and fulfillment. So it was that many have begun looking for ways to give back through volunteer leadership within the San Diego County Bar Association.

But once lawyers decide to give back in a substantive way, the next question becomes what is the best way to do so? Fortunately, many have concluded that there are few better returns on the time, talent, and wisdom they bring than through board service.

There can be many reasons for this. The aforementioned mission is a pure one that universally targets the members of our noble profession. And the resources available to do so — including an especially talented and experienced professional team to execute on the policies the board develops — means that there is the possibility to really make a difference in people’s careers and in our community as a whole. This really goes toward the reason that lawyers so often want that next “big” case. There is an inherent sense of accomplishment when you know that you have significantly moved the needle, especially when it positively impacts a large number of people who are doing good.

But aside from the altruistic, there are selfish reasons to serve as a director of the SDCBA. There is a sense of purpose throughout the duration of service as you get to help build an organization. Even an organization that has been around for a while — the SDCBA will celebrate its 125th anniversary next year — is hopefully evolving and growing.

Some skills are ones that you can only develop by doing. Not every lawyer has an opportunity to lead in their firm from day one. Though you can attend lectures or read books on the subject, there is nothing comparable to doing. Board service is a powerful leadership training tool because you are forced to examine the needs of the entire organization, determine priorities and appropriate resource allocation, and work through relationships with people who may assess the situation differently than you.

And it is perhaps that last piece that can be something special. The more than 50 people who I have served alongside the past half dozen years are part of my professional family. It is always helpful to meet people and expand your network, but the relationships lawyers develop from serving on the SDCBA board are much deeper than that. Just as we care deeply about our legal community, we care about one another.

Serving as a director of the SDCBA is a big investment. You will spend a good amount of time there. You will probably learn that you care a lot more than you would have thought. But the rewards far offset what you put in. If you have an interest in serving, I hope you will pursue it. And if you need more information regarding how to do so, feel free to reach out to me, or to visit the SDCBA’s website. The time to start thinking about service in our quasquicentennial year is here.

David Majchrzak (dmajchrzak@klinedinstlaw.com) is the Deputy General Counsel and a Shareholder with Klinedinst PC. His practice is devoted to serving lawyers and judges in ethics, discipline, and litigation matters. He is the SDCBA Immediate Past President.

MAJOR CHANGES TO CALIFORNIA’S JURY SELECTION PROCESS

By Flavio Nominati

Ajury trial is about to begin. Each counsel stands at their respective tables and the prospective jurors file in. The court asks the potential jurors to raise their right hands and swear an oath: to tell the truth and to follow the law — free from any preconceived notion or bias. Voir dire begins.

Prior to 2022, the court would conduct a thorough examination followed by each counsel to determine whether the juror could be fair and impartial in applying the law to the case. The purpose of the inquiry was to eliminate prospective jurors who exhibited actual or implied bias for or against any party. Actual bias was (and continues to be) defined as the “existence of a state of mind on the part of the juror in reference to the case, or to any of the parties, which will prevent the juror from acting with entire impartiality, and without prejudice to the substantial rights of any party.” (Code of Civ. Proc., 225(b)(1)(C).) Implied bias is best summarized as “The existence of a state of mind in the juror evincing enmity against, or bias towards, either party.”

(Code of Civ. Proc., 229(f).)

Before 2022, each party had several peremptory challenges that could be used — depending on the type of case. If a prospective juror’s answers did not justify a challenge for cause (i.e., actual bias), but another reason existed that convinced an attorney that the juror could not be fair and impartial, they could execute a peremptory challenge. The only time opposing counsel could object to the peremptory challenge and be privy to the logic behind it was if they believed that the challenge was based on a discriminatory purpose — based on the prospective juror’s membership in a protected class (race, ethnicity, religion, gender, sexual orientation, etc.).

The objecting party then had the burden of establishing a prima facie case that the challenge was discriminatory in purpose. Only then was the party exercising the peremptory challenge required to give their reasoning behind the challenge. If the reasons supporting the peremptory challenge were not discriminatory against a cognizable group (e.g., “race neutral”), the justification was deemed acceptable. If the reasons were discriminatory, the court conducted a final inquiry to decide whether there was “purposeful discrimination.” Absent purposeful discrimination, the peremptory challenge was allowed.

Effective Jan. 1, 2022, the California Legislature changed this process by enacting Code of Civil Procedure section 231.7. This law significantly restricted peremptory challenges. First, the objecting party no longer has to meet a burden or establish a “prima facie case.” Instead, it is now the burden of the party exercising the peremptory challenge to justify its use. (Code of Civ. Proc., 231.7(c).)

The statute now lists 13 reasons why a peremptory challenge is presumed to be invalid unless the attorney exercising it can show by clear and convincing evidence that (1) an objectively reasonable person would view the rationale as unrelated to the prospective juror’s perceived membership in a protected group, and (2) the reasons articulated bear on the prospective juror’s ability to be fair and impartial in this case. (Code of Civ. Proc., 231.7(e).) These include such factors as expressing a distrust of law enforcement, expressing a belief that law enforcement officers engage in racial profiling, or having a close relationship with someone who has been stopped, arrested, or convicted of a crime.

The statute also prohibits “historically improper” reasons, based on a prospective juror’s demeanor, such as inattention; staring or failing to make eye contact; problematic attitude or body language; or unintelligent or confusing answers. (Code of Civ. Proc., 231.7(g)(1).) A party challenging a juror for such reasons must (1) confirm the demeanor of the challenged juror was observed by the judge or opposing counsel and (2) explain why the behavior matters to the case to be tried.

(Code of Civ. Proc., 231.7(g)(2).)

Finally, the statute eliminates any requirement that the objecting party demonstrate, or the trial court find, purposeful discrimination. (Code of Civ. Proc., 231.7(d)(1).)

While this law currently only applies to criminal proceedings, beginning on Jan. 1, 2026, these changes to peremptory challenges will apply to civil proceedings, as well.

Flavio Nominati (flavio.nominati@sdcda.org) has been a prosecutor for over 10 years. Currently, he is assigned to the Sex Crimes and Human Trafficking Division of the San Diego District Attorney’s Office.

STUDENT LOAN DEBT RELIEF: A Well-Intentioned Program Turned Legal Spectacle

By Stephanie Sandler

Iam a quintessential millennial. When I was 18 years old, a financial aid officer advised me to take out the maximum amount of student loans to earn my degree. That way, I wouldn’t have to worry about money and I could focus on my studies. After college, I could simply pay back those student loans, and the interest rate was “so low,” I would have no trouble. After all, my bachelor’s degree was guaranteed to get me a high-wage earning job. Besides, he said, “everyone takes out the maximum amount.”

No one in my family was college educated, so this advice seemed reasonable to me. Of course, in reality, the financial aid officer wasn’t invested in my future. He was invested in accruing as much federally backed student loan money for the university as he could. But at 18, life hadn’t taught me to be cynical yet, so I took his “advice” and applied it toward my entire academic career — as many others did too.

Most millennials graduated from higher education in or around the height of the early 2000s U.S. economic recession. As a result, millennials’ starting salaries were significantly lower than previous generations, despite being the most highly educated generation. The value of millennials’ degrees has been significantly diluted because, well, almost everyone has one. A depressed economy coupled with a devalued degree isn’t exactly a winning formula to pay back student loans.

There are also many millennials who were fed the same “advice” about student loans, but didn’t graduate. Not because they were lazy, but because maybe they needed to care for sick loved ones or realized too late that even with financial aid, they couldn’t afford food, housing, tuition, and school supplies. Maybe higher education was never the right fit for them, but they didn’t know until they tried. Accordingly, many millennials are saddled with student loan debt and have no degree.

At the end of February 2023, the United States Supreme Court heard arguments over whether the federal government could cancel a portion of student loan debt. Although I’ve just waxed poetic about why student loans are predatory, these tales of woe are not the legal center of the argument. The legal question is: Does the HEROES Act authorize President Biden’s student loan debt relief plan?

The HEROES Act was enacted by Congress in 2003 to replace a previous statute that granted loan relief to people

affected by the September 11 tragedy. It allowed the Secretary of Education to waive or modify many loans in one fell swoop, rather than on a case-by-case basis. The HEROES Act was originally set to sunset in 2005, but was extended for another two years before being made permanent by Congress. Despite the plain text of the HEROES Act, many conservative justices have indicated that the Act triggers the “major questions doctrine,” an ill-defined rule that courts can use to strike down policies that present a “major question” if Congress has authorized an action explicitly enough.

But even more crucial than the arguments over the text of the HEROES Act and the “major questions doctrine” is whether the plaintiffs have standing to sue at all. Essentially, have the plaintiffs suffered any injury? There are two cases before the Supreme Court on the issue of debt relief: Biden v. Nebraska and Department of Education v. Brown

In Nebraska, the state of Missouri is claiming to sue on behalf of MOHELA — a corporation it created to service student loans. However, MOHELA is not a party to this litigation and has repeatedly refused to participate in the lawsuit. State officials had to file Public Records Act requests in order to collect details about its operations. Yet, Missouri maintains it has standing to sue on MOHELA’s behalf.

In Brown, the plaintiffs are two borrowers who were unable to submit public comment on President Biden’s debt relief plan and claim the proposed plan is not comprehensive enough. Thus, they seek relief from the Supreme Court to abolish the entire program. The plaintiffs’ theory has prima facia flaws. Their injuries won’t be redressed by the relief they seek; thus, they should lack standing to sue. It’s Civil Procedure 101.

The Supreme Court has previously thrown out liberal-leaning cases over the issue of standing, so it will be interesting to see how a conservative majority Court handles similar issues with conservative plaintiffs in Nebraska and Brown. The Supreme Court won’t release a decision on this issue until June, but the impact of the Court’s decision will certainly have long-lasting legal, political, and societal repercussions.

Stephanie Sandler (stephanie@sandler employmentlaw.com) is the principal attorney at Sandler Law, a boutique, single plaintiff employment law firm.

TRUE CONFESSIONS: The American Inns of Court (Cont.)

Unlike the other American Inns being established across the country, the San Diego group did not want law students as active members. There was resistance by the national supervising committee to the exclusion of law students, but Enright argued for the change, and it was approved. The new Inn, named for Lou Welsh at Enright’s urging to honor Welsh’s ongoing commitment to legal training, started holding programs in September 1984.

In asking about the origins of the American Inns of Court in San Diego, there are various and sometimes conflicting recollections. But what appears to be true is that Wallace and Welsh both shared an admiration for the English Inns of Court. Welsh went in one direction with skills training; Wallace developed the proposal establishing a collegial approach involving a mix of judges, senior trial attorneys, and less experienced attorneys; and Enright advocated for and helped establish the first San Diego Chapter of the American Inns of Court. As Steiner wrote, “Judge Enright was there at the beginning. He had the vision to see what the Inn could do. He led the Inn with dedication and enthusiasm, and in due time passed the leadership of a strong and viable organization to his successors.” In later speeches and interviews, Enright cited his involvement with the American Inns of Court (and the AIOC Foundation) as “the finest thing I’ve ever been involved with.” Several people involved in the early days of the Welsh Inn also credit Nancy Vaughn as doing much of the heavy lifting in getting the Inn up and running.

Following the establishment of the Welsh Inn, five other Inns found a home in San Diego County. The second Inn established in San Diego was named for Enright, at the suggestion of Justice Howard B. Wiener, Fourth District Court of Appeal (Ret.), who was the first President of the Enright Inn 1991-92. In 1992, the third Inn was created and named for Justice William L. Todd (1929-2020), Fourth District Court of Appeal (originally known as the Legion Lex American Inn of Court), with a membership consisting of friends and alumni of the University of Southern California. In 1997, the first North County Inn was established and initially named the Oliver Wendell Holmes Jr. chapter (Inn 303), and each meeting would start with a “Holmes Quote” (the Supreme Court Justice 1902-1932 having authored 873 opinions, often laced with keen observations and wit); this Inn was later renamed after Superior Court Judge Fiorenzo V. Lopardo (1920-2004). Enright spoke at the inaugural meeting of the Holmes Inn.

A Carmel Valley-oriented Inn was established as the fifth San Diego Inn chapter in 2005 and named after Wallace, who spoke at the inaugural meeting. As noted by current Wallace Inn President Mark Zebrowski, Wallace “has been an active participant and supporter of the Inn and a remarkably valuable source of professional and personal guidance and inspiration for our members.” That Inn includes in its membership law students from each of the three San Diego law schools and has a focus on techrelated clients and issues. The sixth Inn was established in 2016 and is known as the San Diego Appellate Inn of Court; it bills itself as the first appellate Inn west of the Mississippi. This Inn arose out of discussions, led by Rupa Singh, within the SDCBA Appellate Practice Section (APS) and provides a forum for state and federal appellate judges and justices to discuss substantive issues of appellate law and practice with the appellate bar, sharing programming with the APS.

All six Inns have websites and an application process. Very generally speaking, each Inn is divided into three principal groups: Masters (usually Judges/Justices and long-time practitioners), Barristers (those with some trial or appellate experience, usually five to 20 years) and Associates (newer attorneys); student members vary depending on the Inn. There is a membership fee, which helps fund the programs, and the classic model has pupillage teams (a mix of the groups) that meet monthly and plan one of the year’s monthly programs. Today there are nearly 400 chartered Inns in 48 states, Washington, D.C., Guam, and Tokyo, with 30,000 active members.

Said Judge Judy Bae, the immediate past president of the Enright Inn, “Each Inn has its own character, but they share the common goals of civility, trial skills, and networking … of being a better attorney.”

Author’s Note: There is so much history to each Inn described here, and so little space to write about it all. I am keeping all of my notes — research and interviews — and hope to preserve them in a legal history archive. Stay tuned!

George W. Brewster Jr. (sandbrews@aol.com) is a retired attorney after 35 years of practice, including JAG, private practice, and the last 30 with the County of San Diego, Office of County Counsel.

Hon. Lorna A. Alksne (Ret.)

Hon. William J. Howatt, Jr. (Ret.)

Charles H. Dick Jr., Esq.

Hon. Jeannie Lowe (Ret.)

Hon. Irma E. Gonzalez (Ret.)

Hon. William C. Pate (Ret.)

Abby B. Silverman, Esq.

Hon. Randa M. Trapp (Ret.) Michael J. Weaver, Esq.

SDCBA MEMBER PROFILE

LINDSAY PYFROM Brotman Law

Area of practice: Taxation

What initially inspired you to practice law?

There was no “light bulb” moment inspiring the practice of law. I didn’t have the necessary prerequisites to pursue a master’s in psychology as intended, and my attorney father led me toward the practice of law. Legal practice suited his personality well. He believed it would be a similarly good fit for me.

What is your proudest career moment?

Passing the California Bar Exam. It is no joke. For anyone struggling, please do not take the failure personally.

What fills your time outside of work?

Primarily gardening. Foraging for edible and medicinal plants has become of greater interest, as well as educating myself in the benefits of plant medicine.

“If I weren’t an attorney, I’d be ...” A lottery winner.

What is your favorite movie, book, or TV show? Why? I enjoy all cartoons. That is my preferred method of entertainment.

What one skill has helped you be successful as an attorney, and how could others develop that skill to better their practices?

Honesty is the skill that has served me as an attorney. This is not a joke, considering that lawyers are categorically known for lying. This allows me to stand out and build a reputation as an anti-lawyer. Anyone who finds themselves needing to pay for legal representation is already dealing with a wealth of anxiety. I don’t have time for nonsense. I don’t want to contribute to anyone’s anxiety. The goal is to give respect, be honest, and maintain direct communication with my clients.

What would you most like to be known for?

Being a safe space. If you need a lawyer, it is likely due to a sticky situation. The last thing a client needs is to feel judged when asking for help. I’m not here to judge. I’m here to help.

Despite the best planning and preparation, attorneys face situations where they will miss hearings. The key to handling these situations is the same for solving many litigation issues: good communication combined with civility.

First, let the Court know as soon as possible while respecting rules regarding ex parte communications. If allowed, try to call the courtroom clerk in state court or chambers, or the courtroom clerk in federal court, to alert the Court, preferably with the opposing party if possible. If you can send written communications, make sure you send a copy to the opposing party as well. Let the Court know the nature of the emergency and, if you can make it, what time you expect to be there.

Contacting opposing counsel is also vital. Opposing counsel should advise the Court of your issue if you inform them of the reason for your absence. Even with difficult opposing counsel, civility guidelines ought to protect you from opposing counsel from taking advantage of your personal issue to gain an advantage.

When learning that opposing counsel may miss a hearing, counsel should be respectful. “We expect lawyers to not arbitrarily or unreasonably withhold consent to a reasonable request for cooperation or accommodation.” (San Diego County Bar Association Civility Guidelines.) Some emergencies may be of a sensitive nature; demanding doctor’s notes or other proof of emergency may not comply with the civility guidelines. One should zealously represent one’s clients but within the rules of professional conduct and civility.

Finally, attempt to arrange for a colleague or an appearance attorney to attend the hearing to explain your situation. Even if they are not prepared for the merits of the hearing, there will be someone at the Court you trust who can explain the situation and demonstrate to the Court that you have taken all steps you could to satisfy your duty to the client while respecting the Court and opposing party’s schedules.

What to Do When… YOU WILL MISS A HEARING

By Michael G. Olinik

The most important tip is to not make a habit of missing hearings. Everyone understands that emergencies arise, but constantly missing hearings will damage your reputation and could impact your duty to represent your clients. If everyone remains civil and communicates, then everyone can work toward the ultimate goal of our profession: ensuring justice is served.

THANK YOU 100% CLUB 2023

The San Diego County Bar Association wants to thank all of the San Diego law firms, public agencies, and nonprofit legal organizations that have provided SDCBA membership to 100% of their attorneys in 2023. Your commitment to the San Diego legal community is greatly appreciated.

Allen Matkins Leck Gamble Mallory & Natsis LLP

Ames Karanjia LLP

Antonyan Miranda, LLP

Appellate Defenders, Inc.

Astuno Sabel Law PC

Atkinson, Andelson, Loya, Ruud & Romo

Beamer, Lauth, Steinley & Bond, LLP

Bender Kurlander Hernandez & Campbell, APC

Best Best & Krieger LLP

BioMed Realty

Blackmar, Principe & Schmelter APC

Blanchard Krasner & French

Bobbitt, Pinckard & Fields, APC

Brierton Jones & Jones, LLP

Buchanan Ingersoll & Rooney PC

Burke, Williams & Sorensen, LLP

Burton Kelley, LLP

Butterfield Schechter LLP

California Western School of Law

Case Harvey Fedor

Casey Gerry

Chalifoux, Brast, Thompson & Potocki APC

Christensen & Spath LLP

Cohelan Khoury & Singer

Dean Gazzo Roistacher LLP

Devaney Pate Morris & Cameron, LLP

Dietz, Gilmor & Chazen, APC

District Attorney’s Office of San Diego

Donald R. Holben & Associates, APC

Duckor Metzger & Wynne ALC

Erickson Law Firm APC

Ferris & Britton, APC

Fitzgerald Knaier LLP

Flanagan Law, APC

Fleischer & Ravreby

Gatzke Dillon & Ballance LLP

Genesis Family Law, APC

GrahamHollis APC

Green Bryant & French, LLP

Greene & Roberts LLP

Grimm, Vranjes Greer Stephan & Bridgman LLP

Hahn Loeser & Parks, LLP

Hegeler & Anderson APC

Henderson, Caverly, Pum & Trytten LLP

Higgs Fletcher & Mack LLP

Hoffman & Forde

Hooper, Lundy & Bookman, PC

Horton Oberrecht & Kirkpatrick, APC

Hughes & Pizzuto, APC

Jackson Lewis PC

Johnson Fistel LLP

Judkins, Glatt & Rich LLP

Karen D. Wood & Associates

Klinedinst PC

Koeller Nebeker Carlson & Haluck LLP

Konoske Akiyama | Brust LLP

Kriger Law Firm

Law Offices of Beatrice L. Snider, APC

Legal Aid Society of San Diego, Inc.

Lincoln Gustafson & Cercos LLP

McCloskey Waring Waisman & Drury LLP

McDougal Boehmer Foley Lyon Mitchell & Erickson

Miller, Monson, Peshel, Polacek & Hoshaw

MoginRubin LLP

Moore, Schulman & Moore, APC

Musick, Peeler & Garrett LLP

Neil, Dymott, Frank, McCabe & Hudson APLC

Niddrie | Addams | Fuller I Singh LLP

Noonan Lance Boyer & Banach LLP

Office of the Carlsbad City Attorney

Office of the Public Defender

Office of the San Diego City Attorney

Pettit Kohn Ingrassia Lutz & Dolin PC

Pillsbury Winthrop Shaw Pittman LLP

Preovolos Lewin, ALC

Procopio, Cory, Hargreaves & Savitch LLP

Quarles

Rowe | Mullen LLP

San Diego County Counsel

San Diego Unified Port District

Schaffer Family Law Group

Schor Vogelzang & Chung LLP

Schulz Brick & Rogaski

Schwartz Semerdjian Cauley & Evans LLP

Seltzer|Caplan|McMahon|Vitek ALC

Sheppard, Mullin, Richter & Hampton LLP

Shustak Reynolds & Partners, PC

Siegel, Moreno & Settler, APC

Solomon Minton Cardinal Doyle & Smith LLP

Solomon Ward Seidenwurm & Smith, LLP

Stokes Wagner, ALC

Sullivan Hill Rez & Engel APLC

Sullivan, McGibbons, Crickard & Associates, LLP

Thorsnes Bartolotta McGuire LLP

Tresp, Day & Associates, Inc.

Walsh McKean Furcolo LLP

Webb Law Group, APC

Wilson Turner Kosmo LLP

Winet Patrick Gayer Creighton & Hanes ALC

Wingert Grebing Brubaker & Juskie LLP

Wirtz Law APC

Witham Mahoney & Abbott, LLP

Withers Bergman LLP

Wright, L'Estrange & Ergastolo

100% Club member list as of June 2023

THE 2023 DISTINGUISHED LAWYER MEMORIAL INDUCTEES

Thank you to those who joined us at the Distinguished Lawyer Memorial reception as we celebrated the lives and careers of the 2023 Inductees. To honor these distinguished individuals, please consider a tax-deductible contribution to the San Diego County Bar Foundation, which supports more than 70 law-related organizations in San Diego County.

In 2022, SDCBF awarded $448,500 to 24 non-profit organizations, providing access to justice (through legal services and education) to those individuals most impacted by poverty, abuse, and discrimination throughout San Diego County.

To see photos from our 2023 reception, please visit: sdcbf.org/2023-dlm-photos.

To make a contribution in honor of a past or present honoree or to make a general donation to the Foundation, please visit: sdcbf.org/donatedlm.

PLEASE DONATE IN HONOR OF A PAST OR PRESENT DLM HONOREE.

Honorable Federico Castro

James R. Dawe

Marshall L. Foreman

Mary A. Franklin

Honorable Anthony C. Joseph

Robert H. Lynn

DISTINCTIONS

The following individuals in our community were recently honored for their achievements. If you achieve a professional success, feel welcome to submit it to bar@sdcba.org for inclusion in an upcoming issue of San Diego Lawyer

SDCBA Past President

Hon. Lilys McCoy of San Diego County has been appointed to serve as a Judge in the San Diego County Superior Court. She has served as a Deputy City Attorney at the San Diego City Attorney’s Office since 2020.

Hon. David Rubin of San Diego County has been nominated to serve as an Associate Justice of the Fourth District Court of Appeal, Division One. He has served as a Judge at the San Diego County Superior Court since 2007.

TESTIMONIAL

I initially joined LRIS because I heard the referral service was a good program and charged reasonable fees for referrals. After leaving a law firm I had been working at for ten years to start my own practice, I did not have a book of business or significant money for marketing, so I needed help getting clients.

On one occasion I was referred a landlord who was unable to evict his tenant and had gone through a bad experience with a previous attorney. My client was relying on the rental income as his retirement, and his home was at risk of going into foreclosure unless he started receiving rent to pay his mortgage. He was very worried and frustrated, and other attorneys he had contacted outside of the referral service were not returning his calls. After being retained, I restarted my client's eviction and was able to negotiate a good deal for my client, who was grateful.

The LRIS is a great opportunity for any attorney regardless of years of practice, but is especially helpful for attorneys starting a new practice. Without the expense of marketing, you are given daily referrals providing opportunities to get quality clients. The process is very efficient.

Gloria Varela Fee Dispute Specialist

What are your main responsibilities at the Bar?

I am the administrator of the Fee Arbitration Program. The program helps to resolve fee disputes between clients and attorneys more informally than in court. My job is to manage the cases and facilitate the process for all parties involved. This involves making sure we are abiding by our local rules and meeting timelines and procedures. I also work with a wonderful group of volunteer arbitrators that hear the disputes and issue their findings that I serve to the parties to conclude the arbitration proceedings.

How long have you been working at the bar?

Since January 2005.

What is your favorite part of your job?

I love being part of a successful program that allows parties to be heard fairly in a situation that can be very stressful. I am always happy to talk to people and help them feel more confident and comfortable

with the process. The SDCBA team is also wonderful and supportive. I am proud to be part of a team that is recognized by other organizations for being outstanding in so many areas.

What is your favorite movie and why?

“The Devil Wears Prada” is a movie I enjoy watching anytime it’s on. It’s both over the top and sentimental.

What's your favorite quote?

“One isn't necessarily born with courage, but one is born with potential. Without courage, we cannot practice any other virtue with consistency. We can't be kind, true, merciful, generous, or honest.” — Maya Angelou

What do you love about San Diego?

It’s such an amazing city to enjoy the outdoors and the beautiful nature. I love traveling, but looking down at the beauty of our city when landing is always a reminder to be grateful to call it home.

Joshua Tucker

Law Office of Joshua Tucker

ANNUAL JUDICIAL RECEPTION

Thank you to everyone who joined us at our 2023 Judicial Reception! We had a great turnout and were excited to celebrate our newest San Diego judicial officers.

Special thanks to Premier sponsors Amba and Wirtz Law APC, and Producing sponsors CalPrivate Bank, CaseyGerry, Frantz Law Group, JAMS, Judicate West, Torrey Pines Bank, and Virtual Latinos.

Attendees mingling and enjoying the US GRANT

L to R: Hon Sherry Thompson-Taylor, Deborah Ortega, Jeffrey Garcia

L to R: Susanne de la Flor, Cynthia L Stratton, Brenda Lopez, Renée N G Stackhouse, Tristan E H Higgins, Sabrina Green

L to R: Hon Cynthia Bashant, Hon Cindy Davis, Hon Dwayne Moring

L to R: Renée N G Stackhouse, Hon Tim Nader, Hon Patricia Garcia, Melissa Johnson

EXCLUSIVE MEMBER BENEFITS

All information shown is as of June 2023, and subject to change without notice.

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