A Spotlight on SCBA Affiliates - Sacramento County Bar Association

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A Spotlight on SCBA Affiliates - Sacramento County Bar Association

July/August 2011

www.sacbar.org

SACRAMENTO

COUNTY BAR

ASSOCIATION

MAGAZINE

A ong>Spotlightong> on

SCBA Affiliates

A Chat with the

Chief Justice

Tani Cantil-Sakauye

ABAS Ninth Annual

Wine Tasting


Aswe

head into the dog days of summer with

panting breaths and lolling tongues, SCBA

members everywhere are undeterred and hard at work.

June Coleman and company (Co-Chair Angela Lai and

Committee Members Herb Bolz, Carrier Bushman, Jeff

Levine, Vasilios Spyradakis, Helene Friedman, Jason

Schaff, Julia Reeves and Lori Okun) are working hard putting

together another spectacular Bench-Bar Reception.

This year’s Reception will be held at the California

Automobile Museum and feature the sweet sounds of

Martini Crush, a local jazz ensemble that specializes in the

classic jazz renditions of the ‘30s, ‘40s, and ‘50s. If you

enjoy a little swing with your food and favorite liquid

refreshment, you will not want to miss it.

Our friends at ABAS and Women Lawyers of

Sacramento are also working hard on their annual fundraisers.

ABAS will be hosting its 23rd annual golf tournament

at the Turkey Creek Golf Club in Lincoln on Sunday,

September 11th. All proceeds will benefit ABAS’ Law

Foundation and Legal Services of Northern California’s

summer law clerkships. Having played Turkey Creek a

time or two myself, there’s probably no prettier public

course in the area, especially when it winds its way through

the more forested sections of the back nine. But watch out

for that approach shot on No. 10. Gobble-gobble.

Women Lawyers are hosting their 18th annual Artfest in

the splendor of the Vizcaya the evening of Wednesday,

EDITOR-IN-CHIEF

Jack Laufenberg - editor@sacbar.org

STAFF EDITORS

Larry Duran

Heather Cline Hoganson

SACRAMENTO LAWYER POLICY COMMITTEE

Larry Duran

Samson R. Elsbernd

Helene Friedman

David Graulich

Coral Henning

Yoshinori H.T. Himel

Jack Laufenberg

2 SACRAMENTO LAWYER JULY/AUGUST 2011

COURTHOUSE STEPS

steps@sacbar.org

SURFING FROM RIVER CITY

Coral Henning (916) 874-6013

chenning@saclaw.org

ADVERTISING - EVENTS

MEMBER CLASSIFIED ADS

Michelle Bender (916) 564-3780 x200

reception@sacbar.org

DESIGN AND LAYOUT

MaryBurroughsStudio.com

MJBgraphicdesign@aol.com

Editor’s Message

Staying Busy,

Staying Cool

EXECUTIVE DIRECTOR

Carol Prosser

OFFICERS

Michael Levy - President

June Coleman - 1st Vice President

Stephen Acquisto - 2nd Vice President

Jean-Pierre Francillette - Secretary

Treasurer

BOARD OF DIRECTORS

DIRECTORS AT LARGE

Carrie Bushman

Roberta Larson

Sonia Fernandes

Theresa La Voie

Richard Miadach

Lori Okun

William Schuetz

Sabrina Thomas

Michael Wise

SACRAMENTO LAW FOUNDATION

Stephen Duvernay,

saclawfoundation.org

By Jack Laufenberg

September 15th. Proceeds from Artfest will help fund

WLS’ charitable grants and law school scholarships. The

stately confines of the Vizcaya offerthe perfect backdrop for

a warm summer evening of good food, good friends, and

good art. And as anyone knows who has ever attended the

Artfest before, nobody does it better than WLS. Nobody.

It is with a mixture of joy and sadness that I have to bid

farewell to a friend and colleague, Senior Deputy

Sacramento City Attorney Larry Duran. Larry, a founding

member of the SCBA’s Diversity Summer Fellowship

Program that has been providing work experience for

minority and other disadvantaged first-year law students

since 1990, and a long-time contributor and staff editor of

this august periodical, is leaving the City Attorney’s Office

to accept a position as an Administrative Law Judge in

Southern California. Larry has done more for the

Sacramento legal community more quietly than anyone I

know. I missed his going-away party due to a professional

commitment that ran long. But I didn’t want to miss the

opportunity to thank him, publicly, for his many years of

service to the SCBA and this great legal community. Good

luck, Larry. As I told you once before, you’re the proof that

nice guys don’t always finish last.

Stay cool, Sacramento. Stay cool.

AFFILIATE REPRESENTATIVES

Asian Bar Association (ABAS)

Grace Arupo

Barristers’ Club

Jason Schaff

Capitol City Trial Lawyers

Jack Vetter

Federal Bar Association

Alex Medina

Hellenic Law Association of

Sacramento (HELLAS)

Vasilios Spyridakis

LaRaza

Michael Terhorst

Leonard M. Friedman Bar Association

Avi Glikman

Saint Thomas More Society

of Sacramento (STMS)

Herb Bolz

Sacramento Lawyers for

the Equality of

Gays and Lesbians (SacLegal)

Sarah Asplin

South Asian Bar Association

Shama Mesiwala


SACRAMENTO

COUNTY BAR

ASSOCIATION

MAGAZINE

Table of Contents

V O L U M E 1 1 1 , N U M B E R 4 • J U L Y / A U G U S T 2 0 1 1

COURT NEWS

7 Updates from the PJ –

35 Federal District Court Seeks Additional Volunteer Neutral Evaluators

LITIGATION

8 View from the Civil Bench – “Don’t Spit on Me” and Other Words of

Wisdom from 50 Years of Court Reporting

SPOTLIGHT ON AFFILIATES

14 Leonard M. Friedman Bar Association

16 ABAS Law Foundation’s Ninth Annual Wine Tasting Marks a Year

of Historic Progress

18 South Asian Bar Association of Sacramento Celebrates its Third Anniversary

20 Sacramento’s St. Thomas More Society

THE CHIEF JUSTICE

24 A Chat with the New Chief Justice

COMMUNITY SERVICE

22 Law Foundation Awards $5,000 Grant

34 VLSP Partnership Helps Protect Juvenile Records

SECTION & AFFILIATE NEWS

28 Barristers’ Club Update

DEPARTMENTS

2 Editor’s Message

4 President’s Message

12 Law Library News

13 Surfing from River City

Sacramento Lawyer welcomes letters and article suggestions from readers. Please e-mail them to editor@sacbar.org. The Sacramento County Bar Association reserves the right to edit

articles and letters sent in for publication. Please contact SCBA 916-564-3780 x200 for deadline information, fax 916-564-3737, or e-mail reception@sacbar.org. Web page: www.sacbar.org.

Caveat: Articles and other work submitted to Sacramento Lawyer become the copyrighted property of the Sacramento County Bar Association.

Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.

Wiley Manuel Bar Association

Dale McKinney

Women Lawyers of Sacramento

Jamie Errecart

COMMITTEE / SECTION

REPRESENTATIVES

Lawyer Referral and Information

Service (LRIS)

Don Hansen

Conference of Delegates

Andi Liebenbaum

Indigent Defense Panel (IDP)

Kevin Adamson

Section Representative

Daniel Yamshon

Voluntary Legal Services

Program (VLSP)

Victoria Jacobs

SECTIONS

Administrative Law

Tim Morgan

Alternative Dispute Resolution

Ken Malovos

31 Courhouse Steps

35 Calendar

35 Index to Advertisers

Appellate Law

Brendon Begley

Bankruptcy &

Commercial Law

Kenrick Young

Business Law

B.J. Susich

Children’s Counsel

Diane Wasznicky

Environmental Law

Darcie Houck

Family Law

Jeff Posner

Health Care

Brian Taylor

Intellectual Property

Glen Gross

Labor & Employment Law

Kristy Seargeant

Probate & Estate Planning

Brian McClay

Real Property

Gregory Forest

24

18

Tax Law

Scott Balbreath

Worker’s Compensation

Adam Vogt

COMMITTEES

Bylaws

BJ Susich

Continuing Education of the Bar

Daniel Yamshon

Diversity Hiring and Retention

Linda Partmann

Electronic Media

Coral Henning / Heather Hoganson

Fee Arbitration

Jan Karowsky

Judicial Review

Philip R. Birney

Judiciary

Diane W. Wasznicky

Long Range Planning

Bunmi Awoniyi

Membership

Heather Candy

Pictorial Directory

Herb Bolz and Tina Poley

Sacramento Lawyer Policy

Jack Laufenberg

Sacramento Lawyer (USPS 0981-300) is

published bi-monthly by the Sacramento

County Bar Association, 1329 Howe Avenue,

#100,Sacramento, CA 95825. Issn 1087-8771.

Annual subscription rate: $6.00 included in

membership dues, or $24.00 for nonmembers.

Periodicals postage paid at Sacramento,

California. Postmaster: Send address changes to

Sacramento Lawyer, 1329 Howe Avenue, #100,

Sacramento, CA 95825. Copyright 1999 by the

Sacramento County Bar Association.

Each author’s commentary reflects his/her

individual opinion only and not that of

his/her employer, organization with which

he/she is affiliated, or Sacramento Lawyer

magazine, unless otherwise stated.

JULY/AUGUST 2011 SACRAMENTO LAWYER

3


President's Message

Senate Bill Would Change State

Bar Governance Structure By Michael J. Levy

According to the first report of

the State Bar’s Governance in

the Public Interest Task Force, Senate

Bill 163 would reduce the number of

attorneys on the State Bar’s Board of

Governors and modify their selection

process. Seventeen lawyers serve on

the 23-member Board of Governors –

the State Bar President, 15 lawyers

elected from the nine State Bar districts

from across the state and one

lawyer elected by the California

Young Lawyers Association. Six public,

non-attorney members are

appointed to the Board, four by the

Governor and two by the State

Legislature.

4 SACRAMENTO LAWYER JULY/AUGUST 2011

Under the bill, the board would be

reduced from 23 to 19 members. The

number of attorney members would

be reduced from 17 to 13, while nonattorney

members would remain at

six. Of the 13 attorney-members, six

would be elected from new State Bar

Districts based on the six court of

appeal districts. The other seven

would be appointed -- five by the

Supreme Court and two by the State

Legislature. Thus, the attorney to nonattorney

ratio on the Board would be

reduced from 3 to 1 to 2 to 1, while

the number of political appointments

would increase from six to eight.

The Governance Task Force did

not reach consensus on these issues.

The majority recommended maintaining

a 23-member board, but the

Supreme Court would appoint three

of the formerly-elected attorneys. The

minority recommended reducing the

board to 15 members, with all nine

attorney members being selected by

the Supreme Court. Both Task Force

proposals would maintain the six

public members.

Changing the ratio of attorney to

non-attorney members should raise

questions about the Board’s relative

expertise in the practice of law. While

public perspective is invaluable, the

rules under which we operate are

ABAS 23rd Annual Golf Invitational

At TURKEY CREEK GOLF CLUB

Sunday, September 11, 2011, 7:30 a.m. Shotgun Start

$115 PER-GOLFER ENTRY FEE INCLUDES

GREEN FEE, GOLF CART, RANGE BALLS, LUNCH, AWARDS

Hole Sponsorships: $155 (individuals), $260 (firms of 5 or more).

Proceeds benefit: ABAS Law Foundation Scholarship Fund

Legal Services of Northern California summer law clerkships

For entry form, sponsorship and information, contact:

Jerilyn Paik, Esq., Golf Committee Chair

ABAS Law Foundation

555 University Ave., Suite 235, Sacramento, CA 95825

Telephone: 916.568.1222, Fax: 916.568.1881

Golf@ABASLawFoundation.org


often technical and nuanced. Indeed

the very level of zeal with which we are

duty-bound to advocate differs

depending upon whether we are a

prosecutor or defender, civil litigator

or administrative attorney. The board

as a whole must maintain the requisite

Changing the

balance of power

on the board could

affect everything

from attorney

discipline to the

composition of the

Judicial Nominees

Evaluation

Commission, and

the level of

influence that

political pressures

may be brought

to bear on

these processes.

understanding of our professional

obligations in order to properly govern

the legal profession.

Changing the ratio of attorneys

selected by lawyers and the Judiciary,

versus by the Governor and

Legislature should raise separation of

powers concerns. Unlike other occupations,

the legal profession is an integral

part of the state’s judiciary. “In

California, the power to regulate the

practice of law, including the power to

admit and to discipline attorneys, has

long been recognized to be among the

inherent powers of the article VI

courts.… This is necessarily so. An

attorney is an officer of the court and

whether a person shall be admitted or

disciplined is a judicial question.” (In

re Attorney Discipline System (1988) 19

Cal.4th 582, 592.) Changing the balance

of power on the board could

affect everything from attorney discipline

to the composition of the

Judicial Nominees Evaluation

Commission, and the level of influence

that political pressures may be

brought to bear on these processes. It

is not clear that these consequences

have been fully evaluated.

Missing from all of this debate

about governance structure is the Task

Force’s statutory mission: How does

changing the composition and selection

of the Board of Governors help in

“ensuring that protection of the public is

the highest priority in the licensing, regulation,

and discipline of attorneys”? (See

Bus. & Prof. Code § 6001.2.) Other

than a couple of anecdotes over the

last five years, no one can seem to

identify where the Board of Governors

has failed in its business or operations

to maintain the public protection, or

how these changes will improve it.

The Sacramento County Bar

Association is establishing its own

Governance Committee. Its charge

will include monitoring the Task

Force’s activities, undertaking its own

research on improving attorney governance,

and helping the Sac Bar ensure

that Task Force recommendations

remain cognizant of the need to maintain

an independent Judiciary in order

to supervise a legal profession that can

remain true to its ultimate duties of

public protection.

Enjoy your summer!

Michael J. levy

JULY/AUGUST 2011 SACRAMENTO LAWYER

5


6 SACRAMENTO LAWYER JULY/AUGUST 2011


Governor Jerry Brown’s proposed

“realignment” of state

and local responsibilities for lowlevel

felons (non-violent, non-sex

offense and non-Three Strike cases)

is a creative plan, reflecting the

Governor’s flair for thinking outside

the bureaucratic box. If adequately

funded, the realignment could significantly

improve California’s criminal

justice system by providing effective

community sentencing options to

reduce both recidivism and needless

prison commitments.

However, the realignment currently

proposes to put courts in the business

of conducting parole hearings.

This would mean increased state costs

and a heavy draw against already

insufficient judicial resources. The

court’s central responsibility – trying

cases – would suffer. Civil litigants in

particular would feel this impact.

Part of the still gestating 2011-

2012 Budget, the realignment legislation

(AB 109; Stats. 2011, c. 15),

declares:

Criminal justice policies that rely

on building and operating more prisons

to address community safety concerns

are not sustainable, and will not

result in improved public safety.

California must reinvest its criminal

justice resources to support community-based

corrections programs and

evidence-based practice that will

achieve improved public safety

returns on this state’s substantial

investment in its criminal justice system.

(Pen. Code § 17.5.)

In short, the Governor proposes

greater use of community sentencing

options proven effective in reducing

Court News

UPDATES FROM THE PJ: Criminal Justice

Realignment: Good News and Bad (A Political Commentary)

By Judge Steve White, Presiding Judge

of the Sacramento County Superior Court.

recidivism for low-level offenders,

instead of costly prison commitments.

The Community Corrections

Partnership (Pen. Code § 1238 et seq.)

would thus provide state funding to

Criminal justice

policies that rely

on building and

operating more

prisons to address

community safety

concerns are not

sustainable, and

will not result

in improved

public safety.

local probation departments for

greater use of “evidence-based” programs

– programs demonstrated to

reduce recidivism when ordered based

upon an assessment of each offender.

This would be very important for

Sacramento County, where the Board

of Supervisors has drastically cut funding

for probation supervision.

Sacramento County’s Chief

Probation Officer recently advised the

court that these cuts prevent probation

from performing its statutory duties.

Nearly 25,000 offenders currently on

probation in Sacramento County are

unsupervised. No one is monitoring

them to assure compliance with court-

ordered conditions of probation: no

visits by probation officers, no searches,

and no drug tests. The Sacramento

County Grand Jury concluded that

these budget cuts have “devastated”

Sacramento’s probation department,

leaving 96 percent of adult probationers

and 86 percent of juvenile offenders

in our county unsupervised.

The Board of Supervisors’ decision

to virtually eliminate probation supervision

in Sacramento County severely

limits the court’s sentencing options.

Assume the court is sentencing a

young person convicted of a residential

burglary committed to support a serious

drug habit. The court has two

choices: grant probation with no

supervision, or send the defendant to

prison where he will receive no drug

treatment or job training. Neither

option protects the public’s safety, or

efficiently uses taxpayer dollars.

By funding community corrections

programs successful in addressing

substance abuse and antisocial

behavior, the Community Corrections

Partnership will provide courts more

and better options which should

reduce recidivism and save taxpayers

millions of dollars. That is the

good news.

Unfortunately, as part of shifting

low-level felonies to community programs,

the realignment also proposes

that courts become the new “parole

authority,” responsible for conducting

parole revocation hearings, determining

discharge from parole, issuing

warrants for parole violations, modifying

conditions of parole and even

hearing challenges to denial of good

Continued on page 13

JULY/AUGUST 2011 SACRAMENTO LAWYER

7


ourt reporting is not for the faint of heart. It

requires a unique skill, one which reporters

describe as the ability to tune their brains and ears, in

coordination with their hands, to a frequency that

enhances and records the myriad of voices in a courtroom.

To secure state certification, each has to report at the minimum

rate of 200 words per minute. Sacramento County

Superior Court reporters have clocked transcriptions in

excess of 340 words or more per minute. The later rates

come with a number of problems, including the potential

for dropped words or incorrect phrasing, as well as

exhaustion and the need for more breaks. As you might

imagine, at the top of the list of a court reporter’s pet

peeves are the attorneys and witnesses who are speed talkers,

particularly those for whom the words “slow down”

has no meaning. They are followed by the gum chewers,

pen clickers, those who mumble, and the attorneys who

hover dangerously close to their stenowriters.

“I have literally been …spit on, had my glasses

knocked off, stepped or fallen on, elbowed in the

back of the head, almost hit with a baseball bat

during a demonstration and harpooned by a pointer

stick when pregnant, and got a paper cut on my

nose by an attorney handing a witness a document…”

Kathy Ennis, Dept. 10

I recently sat with three of the Sacramento County’s

reporters as they collectively shared their stories on attorneys

and the importance of making a good record.

Collectively, they have over 50 years of experience reporting

and preparing appellate transcripts on everything from

auto accidents to death penalty cases. They have seen

thousands of attorneys in action. Space does not permit

sharing all of our conversation. One thing they all emphasize

is keeping a safe distance from them during trial.

Attorneys apparently forget where the court reporter is in

the room and, on occasion, reporters have had their glasses

knocked off, their $5,000 machines knocked over, evidence

spewed on them, and been hit with flying parts of

exhibits. At a minimum, the equipment surrounding each

reporter represents a personal $10,000 investment that

they are understandably protective of. Here are some additional

highlights of the conversation.

Litigation

VIEW FROM THE CIVIL TRIAL BENCH:

“Don’t Spit on Me” and Other Words of

Wisdom from 50 Years of Court Reporting By Judge Judy

Holzer Hersher

C

This article represents the thoughts and opinions of the author and should not be considered court policy

or the opinion of other trial judges. Comments should be addressed to hershej@saccourt.ca.gov

8 SACRAMENTO LAWYER JULY/AUGUST 2011

THE BASICS

Attorneys should better prepare their witnesses about

the importance of an accurate record. They should

impress upon them, and practice if necessary, the need to

speak loud enough to be heard and slow enough to be

understood. It looks better to the jury if the attorney controls

the pace of testimony, admonishing his or her own

witnesses to slow down or speak up, rather than the court

reporter or the judge. Frequent interruptions by the latter

impact the flow of the testimony and may reflect poorly

on both the witness and the attorney.

During trial, attorneys often turn to the court

reporter and direct him or her to read the witness’s

answer or his/her question back. Don’t be surprised if

you are ignored, they say. The court reporter is trained

not to read back unless and until the judge requests it. A

trial is not a deposition and the court reporter only takes

direction from the court, even when the reporter’s time is

charged to the parties in a civil trial. Admonishing the

attorney regarding this may leave the impression that the

attorney is ignorant of trial procedures or is being disrespectful

of the court.

Although self-evident, it is often forgotten. Attorneys

should place themselves physically in the courtroom in

such a way that they are not speaking with their back to

the court reporter and the jury, both of which impact

the accuracy of the record and what people in the courtroom

hear and, truth be known, jurors’ impressions

about them.

They also advise that the typical record does not

require a court reporter to prepare a word index, a concordance,

and/or to provide a searchable disk. All these

things are doable, but they require advance notice to the

court reporter and usually an additional charge. Each of

the reporters indicated that if, for example in a civil

case, there is a word index already prepared from depositions,

sharing those indexes at the beginning of the trial

will allow the reporter to immediately build a word dictionary

and trial index, making the record all the more

useful to the attorneys during the trial and after.

JURY SELECTION AND THE

IMPORTANCE OF NUMBERS

When attorneys pose a general question to a group of


jurors during voir dire, they often point to a juror to further

converse without identifying the person. This leaves the

record with an unidentified responding juror. To the extent

the answer might be important on appeal, there is an inadequate

record to identify the person. The obvious recommendation

is to identify any juror who responds to a global

question by name or number, and to remember to do so

every time.

A lot of numbers get discussed at trial, and different

attorneys and witnesses mean different things when they

use different phrases to identify them. For example, the

phrase “twelve fifty” has been used to mean $12.50, 1,250,

and/or 12,050. Street slang, as well as common usage

often plays a role in how people express numbers. The

recommendation is to be clear when stating numbers. For

example, rather than twelve fifty, say ‘twelve dollars and

fifty cents.’ Clarity is particularly important during readback

when jurors are considering damages or the value of

drugs or stolen items.

DEFICIENT ORAL DESCRIPTIONS

When an attorney or a witness refers to a chart or photograph,

they often point to it while talking, i.e., “the

defendant was standing here,” or “the impact occurred

there.” This appears in the record parenthetically by the

notation “witness indicating.” “Here” and “there” means

nothing on a cold written record and gives opposing counsel,

jurors and others free reign to engage in subjective recollection

at read back and on appeal. It is the attorney’s job

to provide an accurate and detailed oral description for the

record. Don’t wait for the court reporter or the judge to

ask for an oral description to remedy the deficiency, as it

might never come.

Just as importantly, with the increased use of Power

Point and other types of sound or picture technology, attorneys

have gotten lax in making an adequate record as to

what is being shown to the jury. Making a good verbal

record of the evidence is as important to the record in a case

as bullet points shown on a screen are to a closing argument,

they offer.

THE EMOTIONAL WITNESS OR THE

WITNESS FOR WHOM ENGLISH IS NOT

THEIR FIRST LANGUAGE

It is difficult to report a witness who is emotional. Often

their answers to counsel’s questions are hard to understand

JULY/AUGUST 2011 SACRAMENTO LAWYER

9


and can be misinterpreted. The same is true for a witness

whose first language is not English. The court reporters

suggest either that they ask their witness to repeat their

answer, or ask them if they understood him or her to say

“x”, so that the record is clear.

QUOTING FROM DEPOSITIONS OR

DOCUMENTS AND PROBLEM PRONOUNS

While the rules in this area to help insure an adequate

record seem obvious, they are often not followed. If, as an

attorney, you are going to read portions from a deposition,

you should identify where the question starts and stops,

and where the answer starts and stops. This should be done

by stating “question” before reading the question, followed

by stating “answer” before reading the answer. Otherwise,

it is hard for the court reporter to know where one begins

and the other ends. Similarly, if an attorney is quoting from

a document, it is important to make sure that he or she orally

states where the quotation begins and ends.

The use of “he”, “she” and “they” can create a confusing

record at best. Sometimes it is not clear, given the questioning,

which ‘he’ or ‘she’ you are referring to. The reporters

For more

information

visit:

www.sacbar.org

10 SACRAMENTO LAWYER JULY/AUGUST 2011

Litigation

suggest that you get in the habit of asking the question

using the person’s name. It may seem obvious to the attorney

that “he” or “she” refers to the person most immediately

discussed. However, days or months later, when the testimony

is read back in the jury room or on appeal, it may

not be so obvious to the listener or reader.

Fast-talking witnesses, late nights, daily transcripts

and long trials, followed by more fast-talking

witnesses and successive trials and inconsiderate

trial attorneys, makes for a high-stress environment.

Don’t add to it, if you can avoid it.

Michelle Madrid, Dept. 45

DAILY AND APPELLATE

RECORD PREPARATION

When attorneys advise court reporters that they are going

to require daily transcripts, at a minimum two court reporters

are assigned to the trial. Typically, a lead reporter is established

and that person communicates with all other reporters regarding

the product, timelines and whether extensions will be filed

with the appropriate Court of Appeal, should it come to that.

This means a lot of late nights and early mornings during trial

for each of the reporters, as they switch out during the day, and

prepare the record for the following one. A day’s worth of court

proceedings typically results in 200 pages of transcript. That

means each reporter is responsible for approximately 100

pages turned around in less than 24 hours. In addition to

working on their own transcripts, the reporters have to work

together, conferencing each evening regarding terminology,

proper spellings, identification of exhibits, indexing, pagination,

the number of copies to be printed, the collation and

binding of the transcript, and so on. This is particularly challenging,

especially when it comes to putting together the

record for a court of appeal. In longer trials, it is not uncommon

to have upwards of ten reporters working together.

When a trial is over, and the attorney signals there will be

an appeal, court reporters have a short window within which

to prepare the transcript, unless granted an extension by the

Court of Appeals, while they otherwise continue their work

during regular hours on the next trial or trials. 1 This is true,

regardless of the length of the trial, i.e., whether it is 5 or 150

days. Fast- talking witnesses, late nights, daily transcripts

and long trials, followed by more fast-talking witnesses and

successive trials and inconsiderate trial attorneys, makes for a

high-stress environment. (See, e.g., Malick v. Contra Costa

County Flood Control and Water Conservation District (1982)

131 Cal.App. 3d 50, for an example of the time pressures on

court reporters.) Their final recommendation is don’t add to

it, if you can avoid it.

1. Typically, criminal appeals are due 20 days after verdict and judgment,

while civil transcripts are due in 30 days. Extensions of time ar e

granted by the Courts of Appeal in those same equal increments


Main Library

813 Sixth Street, First Floor

Sacramento, CA 95814-2403

916-874-6011

www.saclaw.org

www.facebook/saclawlib

www.twitter/saclawlibrarian

NEW ACQUISITIONS

ERISA and Employee Benefit Law:

The Essentials

American Bar Association

KF3512 .P66 2010

Legal Guide for the Visual Artist

Allworth Press

KF390.A7 C73 2010

12 SACRAMENTO LAWYER JULY/AUGUST 2011

Law Library News

Robyn M. Moltzen, Public Services Librarian, Sacramento County Public Law Library

ong>Spotlightong> on the

Collection: Education

& School Law

The Sacramento County Public

Law Library recently updated and

added many new education and

school law titles to its collection.

Check out a few of these titles.

California School Law.

By Frank Kemerer. (KFC 648.K45)

Published by Stanford Law Books

California School Law is a comprehensive

source discussing how federal and

state law affects the day-to-day operation

of the state's traditional public,

charter, and private schools.

College and School Law: Analysis,

Prevention, and Forms.

By Michael Prairie and Timothy

Garfield. (KF 4225.P73)

College and School Law provides a comprehensive

and comprehensible framework

for managing risk in the real work

of educational administration. The

authors provide step-by-step guidance on

how to understand the basic elements of

the relevant law, anticipate legal problems

before they arise, draft effective policies,

Sacramento County Public

Law Library News

procedures and contracts to promote oncampus

dispute resolutions, and more.

Federal Education Laws and

Regulations on CD-ROM.

By LexisNexis. (KF 4105.99 .F43)

This CD-ROM, which is fully searchable,

gives you access to all the statutes

in Title 20 of the USCS and all federal

regulations from Title 34 of CFR. Also

included is a cross-reference table linking

related USCS and CFR material.

School Law and the Public Schools:

A Practical Guide for Educational

Leaders.

By Nathan L. Essex. (KF 4119. E84)

School Law and the Public Schools is a

practical, easy to read, comprehensive

guide to the legal issues facing public

schools in the U.S. today. An essential

reference for all teachers, educational

leaders, and policymakers at all levels.

The book is organized and written in a

style that is accessible to all -- even

those with little or no knowledge of

the legal issues in education.

School Law Handbook.

By Vicki M. Pitasky. (KF 4118.P58)

Find Info Like a Pro:

Mining the Internet’s Publicly Available

Resources for Investigative Research

American Bar Association

KF242.A1 L4785 2010

The Caregiver’s Path to

Compassionate Decision Making:

Making Choices for Those Who Can’t

Greenleaf Book Group Press

KF3827.I5 K55 2010

The Hidden History of Essex Law School

Trafford Publishing

KF 270.E8 B36 2010

The Lawyer’s Guide to

Working Smarter with Knowledge Tools

American Bar Association

KF320.A9 L38 2010

This title provides a complete study of

major legal issues and laws affecting

elementary and secondary students,

schools, teachers, school administrators

and staff. It includes helpful commentary

and summaries of judicial

decisions, along with information

about the litigation, the case outcomes

and the courts' reasoning

behind the decisions.

Special Education Law.

By Laura F. Rothstein and Scott F.

Johnson. ( KF 4210.R68)

Special Education Law provides a comprehensive

and current overview of the

major federal laws that apply to the

education of children with disabilities.

The Law of Schools, Students, and

Teachers in a Nutshell.

By Kern Alexander. (KF 4119.85 .A43)

Laws governing schools, students, and

teachers are developed to protect the

individuals involved in education.

This title deals with many student

issues, such as attendance, due

process rights, freedom of speech,

search and seizure, discrimination,

discipline, and testing. It also

addresses religion and employment

terms and conditions for teachers,

along with their constitutional rights.

What Do I Do When: The Answer

Book on Special Education Practice

and Procedure.

By Steven Lake. (KF 4209.3 .L35)

The IDEA imposes rigid timelines and

procedures and a school district’s failure

to comply could lead to due process

complaints, dismissal of existing actions

or even denial of FAPE. In hundreds of

plain-language questions and answers,

The Answer Book on Special Education

Practice and Procedure deciphers the

complicated procedural requirements

that districts must follow.


Surfing From River City –

Catch a Performance!

In April 2011, the Sacramento City Council

unanimously decided to loan $300,000 to the

struggling California Musical Theatre to help

it stay afloat. As members of this community,

we can support the local theaters by attending

their outstanding performances. Here are

some links to local theaters that could use

your support!

B Street Theatre

http://www.bstreettheatre.org/

B Street Theatre continues to keep critics raving

and audiences coming back for contemporary

productions ranging from popular

classics to first time debuts. Check its website

for ticket prices and to see shows for the

upcoming season.

Capital Stage

http://www.capstage.org/index.html

Capital Stage continues the commitment of

bringing the hottest new plays and playwrights

to the Sacramento region. “Every

Christmas Story Ever Told (and then some!)”

and “It’s A Wonderful Life: A Live Radio Play”

will be showing during the holiday season.

Celebration Arts

http://celebrationarts.net/index.html

Celebration Arts is a multicultural, multidiscipline

performing arts organization known for

developing raw talent and presenting fine

Updates from the PJ -

continued from page 7

time credits. (Pen. Code §§ 3000,

3000.01, 3000.08, 300.09 and 2932.)

Will this advance the Governor’s

objective? Not likely.

First, parole is a function of the executive

branch, not the courts. As the

United States Supreme Court observed,

parole is an “integral part of the penological

system” and thus traditionally handled

by administrative officers. (Morrissey

v. Brewer (1972) 408 U.S. 471.)

Second, AB 109 provides no funding

for the increased workload courts

are to assume. Courts already desperately

need additional judges and

resources to properly handle present

workloads. In Sacramento County, lit-

Compiled by Robyn M. Moltzen, Public Services Librarian, Sacramento County Public Law Library

quality productions. Check its website for

ticket prices and to see shows for the upcoming

season.

Community Center Theater

http://www.sacramentoconventioncenter.com/venues/communityCenterTheat

er/

The Community Center Theater is home to

the season productions of Broadway

Sacramento, The Sacramento Ballet,

Sacramento Opera, Sacramento Philharmonic,

Sacramento Community Concerts and

Sacramento Speakers Series. Upcoming theater

productions include “Shrek the Musical,”

“Westside Story,” and “Mamma Mia!”.

Music Circus at the Wells Fargo

Pavilion

http://calmt.com/index.cfm?page=1138

200

The upcoming seven-show season will include

the Music Circus premiere of the Broadway

musical blockbuster “Miss Saigon” and the

return of five music-theatre classics never

before produced in the nine-year history of

the Wells Fargo Pavilion, including: “Oliver!,”

“Anything Goes,” “Camelot,” “Annie Get

Your Gun,” and “I Do! I Do!”.

igants wait up to three hours to file

papers in our Family Law Court; we are

four months behind in setting demurrers

and motions for summary judgment;

and callers inquiring about traffic

citations are kept on hold an average of

14 minutes waiting to talk to a clerk.

The Administrative Office of the

Courts projects up to 38,000 new judicial

hearings per year if courts become

the state’s “parole authority.” The AOC

estimates this will require 85 to 122

new judgeships statewide, costing up

to $354 million the first year alone.

Finally, a parolee is entitled to a

hearing offering basic due process protections,

but not the full panoply of

rights associated with a criminal prosecution.

(Morrissey v. Brewer, supra, 408

U.S. at 489.) The Board of Parole

Roseville Theatre Arts Academy

http://www.rosevilletheatreartsacademy.co

m/

The Roseville Theatre Academy features The

Treehouse Players, who dedicate themselves to

providing shows that are enjoyable for the

entire family. They take classic fairytales, new

and original fairytales, and favorite storybook

tales and perform them with their own comedic

twist. They just wrapped up production of “A

Tale of Sleeping Beauty.” These shows are perfect

for ages 3 to 103!

Sutter Street Theatre

http://www.sutterstreettheatre.com/stag

e9/default.php

The Sutter Street Theatre has a history of presenting

whole seasons of award winning comedies,

musicals, and young people's theatre.

“Cabaret” and “Witness for the Prosecution” are

but a part of the upcoming off-Broadway series.

Woodland Opera House

http://thewoodlandoperahouse.art.office

live.com/default.aspx

The Woodland Opera House provides a variety

of productions such as its Theatre for Families

series, which includes “The Canterville Ghost,”

“Schoolhouse Rock Live,” and “Go Dog Go”.

Other upcoming productions include “Irving

Berlins White Christmas” and Rodgers &

Hammerstein’s “South Pacific”.

Hearings conducts parole revocations

as administrative hearings, using civil

service hearing officers. It makes no

sense to replace these summary

administrative proceedings with court

hearings in the name of reducing

costs. Instead, costs will soar.

There is much to commend

Governor’s Brown’s proposal to

realign state and local responsibilities

for low-level felons. Providing

increased local sentencing options is a

good idea, particularly for

Sacramento County where the probation

department has been decimated.

But shifting parole responsibilities to

the courts has no upside, will needlessly

increase taxpayer costs, and

could all but close the courthouse to

civil litigants.

JULY/AUGUST 2011 SACRAMENTO LAWYER

13


The Beginning: In 2008, a group of local

judges, attorneys, and law students,

with the initial guidance and direction of

Judge Judy H. Hersher, convened to consider

the formation of California’s first Jewish-

American bar association. In these initial

meetings, these future members (and now

founders) discussed the goals of an organization

that included mentoring young attorneys,

encouraging applications to the bench, serving

as an educational forum, and networking in

both business and social settings. These

founders identified the mission that drives the

association today: to serve as an educational

resource, voice and forum for Jewish attorneys

and judges on issues relating to the practice of

law, the courts and the community.

The founders named the association the Leonard M.

Friedman Bar Association (LMFBA) in honor of the late

Justice Leonard M. Friedman, a prominent member of the

Sacramento Jewish community who served on the

Sacramento County Municipal and Superior Courts and on

the California Third District Court of Appeal. Judge

Friedman was an articulate and dedicated legal scholar,

judge, and pillar of the Sacramento Jewish community who

was recognized as a role model for kindness, fairness, and

a commitment to family and the community. It often

seems that every member of the organization has their own

personal story about their positive interaction with the late

Judge Friedman. His life and career truly represents the

most important aspects of the organization: community,

Judaism, and legal excellence.

Pursuing Our Mission: Since its creation, the

Leonard M. Friedman Bar Association has worked to serve

and represent its members and surrounding community,

hosting numerous events during which national and local

speakers addressed topics relevant to the bench, bar, and

community. The association organized MCLE luncheons

on a wide variety of legal topics, including the battle for

restitution in American courts for property stolen by the

Nazis, the influence of the Hebrew bible on American law,

and the advancement of social justice through the courts.

For its younger members, the association created a mentorship

committee to assist law students and young lawyers

with networking and guidance as they begin the journey

that is the practice of law. The association also formed a

judicial committee, which organized a roundtable meeting

14 SACRAMENTO LAWYER JULY/AUGUST 2011

Affilate ong>Spotlightong>

Leonard M. Friedman

Bar Association

Leonard M. Friedman

By Avi Glikman

with local judges and their spouses to help

educate association members regarding the

pursuit of a career in the judiciary.

Within six months of its founding, the

Leonard M. Friedman Bar Association’s membership

numbered over 150 judges, attorneys,

and law students. At its inaugural annual dinner

in 2009, Erwin Chemerinsky, the founding

dean of UC Irvine School of Law, spoke to

a crowd of over 160 people on federal legal

and constitutional issues post 9-11. The following

year, Stanford Law School Professor

Lawrence C. Marshal discussed recent developments

in capital punishment and criminal

justice reform. At its 2011 event, the association

hosted Justice Richard Goldstone, a former

justice of the Constitutional Court of

South Africa and an expert on international criminal law

and human rights. During the event, which was reported

in The New York Times, The Wall Street Journal, and The

Jerusalem Post, Justice Goldstone discussed the report of

the United Nations Fact Finding Mission on the Gaza

Conflict, providing a unique opportunity for the association’s

members to hear Justice Goldstone’s personal reflections

regarding the controversial report.

Our Future: In the few years since its founding, the

Leonard M. Friedman Bar Association has worked diligently

to establish itself as a significant presence in the

Sacramento legal community and has strived to serve as a

resource and educational forum for the community at

large. As in years past, the association looks forward to

hosting a number of events this year and looks forward to

cementing its partnership with the Sacramento County Bar

Association and its affiliate organizations in order to better

serve the greater Sacramento area. New members are welcome.

The organization is on the web at www.jsaclaw.org.

Our Board: The officers of the organization are Avi

Glikman, president; Scott A. Claremon, treasurer, and

Melissa D. Bickel, secretary. The Board of Directors

include: Theodore S. Goodwin, Marc Koenigsberg,

Jeffrey E. Levine, Michael Rothschild, Michael E.

Hersher, and Hollis Kulwin.

Avi Glikman is a senior associate at Read & Aliotti, PC, in

Sacramento. He practices in the area of insurance defense and

specializes in construction defect litigation, insurance coverage

and premises liability.


OnMay

12 at Pavilions Shopping Plaza, over

120 people enjoyed the perfect weather,

excellent wines, and delicious food at the Ninth Annual

ABAS Law Foundation Wine and Food Tasting. The

Foundation has nurtured generations of young Asian-

Pacific Americans studying to become lawyers, and this has

been quite a year for one member of those generations.

Tani Gorre Cantil-Sakauye was appointed as

California's Chief Justice, making her the first Asian-Pacific

American and first Asian woman to preside over all the

courts in the state. In 1981, when the Asian Pacific Bar

Association of Sacramento was formed, Chief Justice

Cantil-Sakauyue was entering law school at UC Davis.

Preceding her to the high court were two Asian-American

16 SACRAMENTO LAWYER JULY/AUGUST 2011

Affilate ong>Spotlightong>

ABAS Law Foundation’s Ninth Annual Wine

Tasting Marks a Year of Historic Progress

Foundation board member Nirav Desai at Spoto Napa Valley Wines

By Yoshinori H. T. Himel

Associate Justices: Joyce Kennard and Ming Chin.

In the mid-1980s, Sacramento County had no Asian

Judges. At the time, the entire judicial appointments

process was a mystery to most Asian-American lawyers.

The idea of an Asian on the California Supreme Court

seemed impossible. ABAS’ dream was far less: an Asian

Judge in the Sacramento County courts.

It took Sacramento’s Jerry Chong to scope out the

arcane judicial appointment process and push for an Asian

appointment from 1986 onward. Unlike most power brokers

of the time, Chong was generous with what he

learned, educating and empowering Asian-Pacific organizations

statewide.

Meanwhile another ABAS member, San Francisco civil

A toast of Bogle wine

Event co-chair Brian Lim with Peter Khang


ights lawyer Dale Minami, started the Asian Pacific Bar

Association of California to empower APA lawyers statewide.

And Hoyt Zia, with Chong and several others, traveled the

country to form the National Asian Pacific American Bar

Association. These organizations have helped local APA bar

associations with their appointments advocacy.

In 1987, Chong, with the assistance of La Raza

President Luis Cespedes and Wiley Manuel President

Renard Shepart, created the first annual Unity Dinner in

Sacramento. Unity brought together the three associations

-- later expanded to include Women Lawyers of

Sacramento, SacLEGAL, the South Asian Bar Association

and SCBA – as well as Asian bars statewide to push the

Governor's office to appoint an Asian Judge in Sacramento.

The dream was finally fulfilled in 1988 with the appointment

of ABAS member Charles Kobayashi to the Sacramento

bench. In order to aid law students, Unity also became the

occasion for each association to award a Unity Scholarship.

When ABAS grew in membership and community

involvement, a 501(c)(3) partner was needed to fund an

expanded scholarship program and other educational and

Foundation treasurer Jeri Paik, Frank Plavan and Theresa Saechao

Affilate ong>Spotlightong>

charitable activities. Incorporator Jeri Paik created the

ABAS Law Foundation to fill that need and obtained

501(c)(3) status from the IRS in 1998. Since its creation,

the Foundation has awarded up to $20,000 annually to

students at Sacramento area law schools including

McGeorge, Lincoln and UC Davis.

This year marked the ninth year of the Annual Wine and

Food Tasting. Continuing contributors include Barbara

Boxer's appointments committee member Marilyn Araki

and Sacramento Mayor and Assemblyman Phil Isenberg,

who have given generations of law students three years of

financial assistance. Clement Kong and his firm Korshak,

Kracoff, Kong & Sugano has given generously throughout

ABAS’ existence. So has strong supporter Charles Pacheco.

ABAS is grateful to all who have supported the Wine

Tasting by sponsoring, donating, buying items, and coming

and having fun. Mark your calendar for the next ABAS Law

Foundation events: the ABAS Golf Tournament at Turkey

Creek on Sunday, September 11, 2011, and the next Wine

and Food Tasting on Thursday, May 10, 2012, at 6:00 PM

at Pavilions. See you there!

Carole Chong and Judges Trena Burger-Plavan and Cheryl Meegan

Reach A Variety of Sacramento Area Professionals

ADVERTISE IN Sacramento Lawyer Magazine Call (916) 564-3780 x200

JULY/AUGUST 2011 SACRAMENTO LAWYER

17


The South Asian Bar Association (SABA) of

Sacramento celebrated the third anniversary of its

existence at Downey Brand LLP in April, with Indian appetizers,

desserts, fine wines, and over 100 friends and guests.

Headlining the reception was keynote speaker Central

U.S. District Magistrate Judge Jay Gandhi, the first South

Asian federal magistrate judge in the country. Judge Gandhi

18 SACRAMENTO LAWYER JULY/AUGUST 2011

Affiliate ong>Spotlightong>

South Asian Bar Association of Sacramento

Celebrates its Third Anniversary

From left to right: Justice Louis Mauro, Justice Elena Duarte, Judge

Jay Gandhi, Judge Kendall Newman, and Judge James Mize

From left to right: Bradley Coutinho, Biran Shah, Judge Jay

Gandhi, Gene Bains, and UC Davis Professor Anupam Chander

From left to right: Judge Emily Vasquez,

Rebecca Whitfield, and Whitney McBride

By Shama Mesiwala, President and Co-founder of the South Asian Bar

From left to right: Judge Jay

Gandhi, UC Davis Professor

Rachana Shah, and Robert Parker

Photographs by Frank Roe

spoke eloquently of his father’s journey from Punjab, India,

to the peach orchards of Yuba City and his own journey to

the federal bench as the son of immigrant parents.

In addition to Judge Gandhi, SABA of Sacramento was

honored by the attendance of Magistrate Judge Kendall

Newman from the Eastern U.S. District Court, Presiding

Justice Vance Raye of the California Third District Court of

From left to right: Karen Goodman, Malavika Kumar, Michael Levy,

June Coleman, Presiding Justice Vance Raye, Shama Mesiwala, and

Judge Jay Gandhi

From left to right: Sarah Scott, Judge Kendall Newman, Natalie

Johnston, Maryam Sidiqqui, and Latika Sharma

From left to right: Justice William Murray,

Judge Raoul Thorbourne, and Raymond Rouse


Appeal, Justice Kathleen Butz, Justice Louis Mauro,

Justice William Murray, and Justice Elena Duarte of the

California Third District Court of Appeal. Also in attendance

were Judge James Mize, Judy Hersher, Judge Emily

Vasquez, Judge Russell Hom, Judge Raoul Thorbourne,

Judge Thadd Blizzard, Judge Richard Sueyoshi, Judge

Lawrence Brown, and Referee Natalie Lindsey from the

Sacramento County Superior Court. UC Davis Law

School Dean Kevin Johnson and Lincoln Law School

Affiliate ong>Spotlightong>

From left to right: Justice Kathleen Butz, Judge Russell Hom, Justice William

Murray, Judge James Mize, UC Davis Law School Dean Kevin Johnson, Justice

Elena Duarte, and Justice Louis Mauro

Patricia Sturdevant and Judge Thadd Blizzard

From left to right: Kiren Chohan, Sukhi Brar,

Jeff Bedell, and Gaurav Kalra

From left to right: Tej Grewal, Joe Dhillon, and

Amar Shergill

Dean James Schiavenza were also present. .

SABA of Sacramento is grateful to the North American

South Asian Bar Association (NASABA) for partially underwriting

the cost of the reception and to Downey Brand LLP

for the generous donation of its banquet room facilities for

the reception.

Shama Mesiwala is a senior judicial attorney for California

Third District Court of Appeal Justice Ronald Robie.

From left to right: Judge Lawrence Brown, Judge

Kendall Newman, and Judge Russell Hom

From left to right: Malavika Kumar, Bindhu Varghese, Taleen Aiazian, Gaurav Kalra,

Matthew Wise, Scott Claremon, and Sonia Fernandes

From left to right: Michael

Terhorst, Karen Goodman, and

Linnea Johnson

From left to right: Justice

Louis Mauro, Ruthie Ashley,

and Renju Jacob

From left to right: Raymond Rouse, Nicole

Sargent, Lincoln Law School Dean James

Schiavenza, and Dima Rodica

From left to right: Negin Yazdani, Rabia Paracha,

Fatima Alloo, Errol Dauis, and Ramaah Sadasivam

JULY/AUGUST 2011 SACRAMENTO LAWYER

19


Y

es, it’s the guy from A Man for All

Seasons. 1

The Saint Thomas More Society,

Sacramento (STMS), is an independent organization

sponsored by Catholic lawyers, governed

by a board, with its membership open to

attorneys and other legal professionals and legislative

advocates of any religious persuasion

who subscribe to its purposes. The purposes of

STMS are to serve as a mutual support group,

to foster individual spiritual growth, to further

interfaith understanding, and to promote the

teachings of the Second Vatican Council. STMS does not

engage in advocacy or take stands on controversial political

questions; nor does it engage in fundraising.

St. Thomas More Societies are generally Roman Catholic

lawyer groups, as St. Thomas More is the patron saint of

lawyers. There is no national linking of these societies, with

various cities or university campuses maintaining

autonomous groups. In Sacramento, there was an earlier

group in the 1950s, and there is evidence that a student

group existed at UOP-McGeorge in the 1980s. The current

incarnation in Sacramento was tied to Bishop Francis A.

Quinn’s request, in 1988, to hold a Red Mass -- a tradition

dating back to the 13th century of requesting that the Holy

Spirit bless public officials and members of the legal community

with guidance and understanding in their work.

Because the traditional color of the Holy Spirit is red, priests

would wear red vestments, and the lawyers and judges who

20 SACRAMENTO LAWYER JULY/AUGUST 2011

Affiliate ong>Spotlightong>

Sacramento’s St. Thomas

More Society By

St. Thomas More Society members gathering

at the April 2011 meeting

St. Thomas More, the Patron

Saint of Lawyers

The late Rev. Charles

McDermott, a founding

member of the STMS

Heather Hoganson

wore court robes also switched to red for the

occasion.

According to Bob Roth, one of STMS’

founding members, the first meeting of the

current “St. Thomas More Society of

Sacramento County” took place on May 10,

1988, in the basement of the Cathedral.

Fifteen lawyers were in attendance. That

number doubled the next year, with 31 paid

charter members.

STMS became an affiliate of SCBA in 2005

and the officers and directors of STMS have

been frequent sponsors of SCBA events, such as the Bench

Bar Reception and membership recruitment efforts.

The current Board is as follows:

President: Plauché Villeré

Vice President: Paul Starkey

Recording Secretary: Heather Cline Hoganson

Treasurer: Victoria Cline

Liturgical Director: Elizabeth Spring

Board Members At Large: Herb Bolz, Bruce Timm,

Michael Terhorst

STMS has, for the past six years, co-sponsored an annual

Ethics luncheon with the J. Reuben Clark Law Society

(JRCLS) and the Brigham Young University Management

Society (BYUMS). Speakers have included Justice

Nicholson, Justice Davis, Judge Mize, Professor Paton of

UOP-McGeorge, and Professor Hanson, Executive

Arnold Kunst discusses lessons from Lincoln at

the April 2011 meeting


Director of the Markkula Center for Applied Ethics (Santa

Clara University).

The most recent luncheon in April featured Arnold

Kunst, who discussed the humor, the frailties, and the legacy

of President Lincoln. As we enter into the 150th

anniversary of the start of the Civil War, Kunst described

how the senior partner of a two-man law firm in

Nowheresville, U.S.A., persisted in running for elections,

eventually becoming the 16th President of the United

States, and how Lincoln grappled with creating and implementing

the Emancipation Proclamation.

In addition, this past January STMS co-sponsored an

Ethics & Civility luncheon with La Raza Lawyers of

Sacramento, featuring the Honorable Morrison England

and Professor Fred Galves of UOP-McGeorge. Plans are

also underway for a joint evening event with the Hellenic

Law Association of Sacramento (HELLAS), a new SCBA

affiliate of Greek Lawyers and hellenophiles, to discuss the

impacts and legacy of early church law.

STMS generally gathers on second Wednesdays during

the academic year for Mass and lunch at the Newman Center

at California State University Sacramento — 5900 Newman

Court, off "H" Street in Sacramento. Based on a member

survey last summer, STMS is also hosting other non-

Affiliate ong>Spotlightong>

lunchtime events, such as a breakfast gathering in May, and

an after-work reception on June 22nd in Old Sacramento.

At the June reception, held on the Feast Day of St.

Thomas More, the first Fr. McDermott Award for

Integrity will be awarded to Bishop Quinn (retired), who

has supported STMS over these past 20-plus years and

who has shown STMS members a model of principled conviction.

The award is named after the late Rev. Charles

Sylvester McDermott, former Vicar for Theological and

Canonical Affairs for the Diocese of Sacramento, and a

founding member of STMS. Father Sylvester served as the

group’s unofficial chaplain and advisor for many years.

For questions or reservations, please email stms.sacramento@yahoo.com.

1. Multiple Oscar-winning 1966 film (including Best Picture), star-

ring Paul Scofield, directed by Fred Zinnemann.

Heather Hoganson, a former editor-in-chief of the Sacramento

Lawyer, is the recording secretary for STMS. She previously

served as chair of the SCBA’s Law Practice Management &

Technology Section (SLUG) and of the Administrative Law

Section. She is a staff counsel specialist at the Department of

Alcoholic Beverage Control.

JULY/AUGUST 2011 SACRAMENTO LAWYER

21


Community Service

Law Foundation

Awards $5,000 Grant By

This Spring, the Sacramento

Law Foundation—the charitable

arm of the Sacramento County Bar

Association—awarded a $5,000 in

grant to WEAVE, Inc., an organization

working to improve access to justice

in the local community.

"The Sacramento Law Foundation

is pleased to award this grant supporting

WEAVE's efforts to improve

access to justice for victims of

domestic violence in the Sacramento

community," said SLF Vice President

Rich Miadich.

WEAVE provides a safe house and

crisis intervention services for survivors

of domestic violence and sexual

assault, including counseling, prevention

programs, and 24-hour sup-

22 SACRAMENTO LAWYER JULY/AUGUST 2011

port and response teams throughout

Sacramento County.

The grant funds will help WEAVE

provide court preparation and

accompaniment services in a variety

of legal issues, including child custody,

restraining orders, and dissolution

matters.

"We are thrilled to have the support

of the Sacramento Law

Foundation for WEAVE's legal program,”

said WEAVE Executive

Director Beth Hassett. “The need for

these services continues to grow at a

time when funding is declining. This

critical funding will help us train legal

volunteers to assist victims of domestic

violence and their families. We are

honored that the foundation has cho-

Stephen

Duvernay

sen to offer us this opportunity."

The Sacramento Law Foundation

is a 501(c)(3) non-profit corporation

which provides grants to programs

that improve the administration of

justice, enhance public confidence in

the legal profession, and cultivate

understanding of and respect for the

rule of law. To volunteer, make a contribution,

or for more information about

the SLF, visit its website at http://saclawfoundation.org.

Stephen Duvernay is President of the

Sacramento Law Foundation and an

associate at Klinedinst PC. He specializes

in representing clients in complex

civil litigation, professional liability and

appellate matters.

From left to right: SLF President Stephen Duvernay, WEAVE Director of Development and Community Relations Amber Stott, WEAVE

Executive Director Beth Hassett , SLF Board Member Michael Terhorst, SLF Vice President Rich Miadich, and WEAVE staffer Paula Pimentel.


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JULY/AUGUST 2011 SACRAMENTO LAWYER

23


After 20 years on the bench, 3rd District Court of

Appeal, Associate Justice Tani Cantil-Sakauye

was appointed by Governor Jerry Brown to serve as Chief

Justice of the California Supreme Court, replacing the retiring

Ronald M. George. On February 10, 2011, over 900

of the new Chief Justice’s family, friends, colleagues and fans

gathered to celebrate her Investiture as Chief Justice. Sitting

among those attending the largest event in Sacramento

County Bar Association history, I marveled at how many

showed up to support one of their own. In an earnest, lyric

tone, the Chief Justice detailed her first 39 days. Her easy

warmth met the admiration of the crowd. The script was

her telling synopsis of how a jurist acclimates to the job of

Chief Justice.

Chief Justice Cantil-Sakauye is the quintessential native

Sacramentan. Born in Sacramento, she attended McClatchy

24 SACRAMENTO LAWYER JULY/AUGUST 2011

The Chief Justice

A Chat With The

New Chief Justice By

Helene Friedman

Photography by Charr Crail

High School, Sacramento City College, UC Davis and UC

Davis King Hall School of Law. She served at the Sacramento

District Attorney’s Office, on the senior staff in Governor

George Deukmejian’s office, on the Sacramento Superior

Court, and on the Third District Court of Appeal.

I met with her for this interview on Day 47 of her being

California Supreme Court Chief Justice Tani Cantil-Sakauye speaking at her February 2011 Investiture Celebration in Sacramento.

Chief Justice at the Natomas location of the Administrative

Office of the Courts (“AOC”). Having arranged the meeting

through her various ‘handlers’ (their word), I witnessed that

not only is Tani Cantil-Sakauye the Chief Justice, but a grand

overseer, managing a conglomerate of jurists, administrators

and committees. Almost immediately, we segued into how

she is addressing the fiscal constraints all California government

branches now face.

She conceded she has been working nearly 24/7 on

where to apply the deep budget cuts, and has engaged in


frank discourse on this issue with the Governor and Senate

President Pro Tem Darryl Steinberg (a classmate from UCD

King Hall School of Law,’84). Moreover, the Chief Justice

said that the decision where to apply budget cuts in the judicial

branch of government is an issue discussed and voted

on by the Judicial Council.

Court Governance

Frankly, I had a vague understanding of the structure

and purpose of AOC and its relationship to Judicial

Council. 1 The Chief Justice said that few understand the current

court structure, in large part because it is only 14 years

young compared to the prior court structure, which was

over 160 years old. She animatedly unraveled the current

structure of the AOC enacted by the passage of the Lockyer-

Isenberg Trial Court Funding Act of 1997, Cal. Gov’t. Code §

77200 et seq., and opined that few are familiar with how the

courts are governed. 2

Sensing that this interview might be an educational

opportunity, she launched into the statewide court compo-

The Chief Justice

sition, essentially outlining the pyramid structure of

California’s courts’ governance. Basically, the Judicial

Council is the policymaking body of the courts, made up of

Chief Justice Tani Cantil-Sakauye being administered the oath of office by Ninth Circuit U.S. Court of Appeal Judge Consuelo M. Callahan

at the Sacramento Investiture Celebration.

judges appointed by the Chief Justice, attorneys appointed

by the State Bar Board of Governors, members from each legislative

house, and advisory members, including court executives

or administrators and the president of the California

Judges Association. The AOC is the staff agency to the

Judicial Council. 3

According to the Chief Justice, over 22 advisory committees

4 made up of volunteer attorneys, judges and court

personnel feed information, public opinions and proposals

to the Judicial Council on a variety of topics. These

topics range from access and fairness to appellate practices,

criminal jury instructions to information technology

and more. The Judicial Council committees vet proposals

on these topics assessing whether and how to institute

them; the Council also seeks further public comment.

The Chief Justice knew the process intimately having

served on Judicial Council committees “forever.” She

JULY/AUGUST 2011 SACRAMENTO LAWYER

25


concedes it’s slow, but believes that is appropriate.

In her first 39 days, the Chief Justice met other states’

Chief Justices in Washington, DC to discuss issues endemic

in the judicial branch. She discovered common discontents

within courts across the country. However, she learned that

only California – again the vanguard state - is experiencing a

new development: a small group

of jurists is discussing internal

court matters with members of

the Legislature. Apparently, this

maneuver is unusual, cutting

edge and, statewide, members of

the legal community have disparate

opinions on what this

means and whether it works.

The Young Prosecutor

Chief Justice Cantil-Sakauye

shared how a domestic violence

prosecution she stepped into for a

sick colleague triggered her learning

about this area of law and the

complex psychology of violence

in relationships. The victim, tormented

by the experience but still

in love with the perpetrator,

recanted on the stand.

Apparently, this was a common

occurrence but new to the young

prosecutor. Cantil-Sakauye privately

conferred with the witness

who admitted the defendant had

also raped her, an allegation never

before revealed and not charged.

Thereafter, the judge, berated the

young prosecutor and admonished

her to ‘control her witness.’

This was the ‘80s and few

understood the complexities underlying this sort of prosecution.

Faced with an acquittal, Cantil-Sakauye made it a

point to learn about “DV,” the psychological drama underlying

it and the vulnerability of women locked in it. In fact,

even as a judge in the 90s, she recalled colleagues who minimized

DV cases: “they’re too simplistic,” “the victim always

recants,” “we’ll have to dismiss.” She encountered an all too

dismissive, misinformed view of domestic violence.

The DV Judge

A year before then-Judge Cantil-Sakauye took over the

Sacramento Superior Court domestic violence court, she

26 SACRAMENTO LAWYER JULY/AUGUST 2011

The Chief Justice

received a call from police who were processing the aftereffects

of a bloody, tragic scene. A man returned home early

one morning and his wife told him she was finally leaving

and taking the children. Unhinged, he fatally shot the children

as they slept and turned the gun on himself in front of

her. The police took the woman in and she insisted they call

Judge Cantil-Sakauye. The woman

was the judge’s court reporter. The

judge went to the station and

found her clad in pajamas, beat up,

scratched and reeling from the

unimaginable tragedy. The court

reporter had never disclosed it but

her family life was shrouded in

domestic violence.

From the telling, it was apparent

that Judge Cantil-Sakauye

experienced and, indeed recognized,

a confluence of pivotal

events over the years that led to her

accepting the offer to preside over

the DV court in Sacramento.

The Chief Jurist

For Tani Cantil-Sakauye, the

last 8-9 years have been a whirlwind.

Selected for the 3rd District

Court of Appeal in her first try, she

was sworn in mere days after her

appointment and immediately

dove into an energizing new challenge.

The summer of 2010, having

been nominated Chief Justice,

her life escalated into yet another

‘invigorating’ phase. She was left

time for only those responsibilities

Chief Justice Tani Cantil-Sakauye.

attendant to the next life: getting a

condo in San Francisco, furnishing

it, and making sure the family in Sacramento – her 2 daughters

(15 and 12-1/2), husband, mother and in-laws – were

situated to adapt to the dramatic, new development in the

Cantil-Sakauye village.

And indeed, it would take a village. Serendipitously, the

Chief Justice’s husband, who she knew in high school and

met again years later when he was a police officer and she a

prosecutor, was retiring. Retired Police Lieutenant Mark

Sakauye would oversee their daughters’ lives on school days.

In deciding to maintain the stability of their children’s home

life and schooling by keeping them in Sacramento, they met

with family support. Mostly, the Chief Justice’s responsibili-


ties keep her in San Francisco during the week and then she

returns home with the family in Sacramento weekends. This

time the confluence of events and family support smoothed

her transition to take the job as the second woman 5 – and

first Asian American – to lead California’s courts.

As we discussed her life, we also segued onto persons

whose unique thinking inspires Tani Cantil-Sakauye’s imagination

and admiration. Malcolm Gladwell, the author of

Outliers is one. In Outliers, Gladwell discussed factors that

contribute to high levels of success, particularly timing. The

Chief Justice Tani Cantil-Sakauye with Sacramento County Bar

Assocation Appellate Law Section Chair Brendon Begley.

tapes of Gladwell’s books, other vanguard thinkers and

inspiring social commentators provide company for the

Chief Justice during her commutes, even leave her lingering

in the car just to hear the wrap-up of that last great passage

or idea.

Sacramento Gets Involved

At the SCBA Annual Meeting in December 2010, the

new Chief Justice – just sworn in that morning - called for

Sacramento-area judges and attorneys to "step up" and

apply for positions on statewide committees that advise the

Judicial Council. She is as much a fan of the Sacramento

legal community as it is of her. Asserting that Sacramento

has talent and passion in our legal community, she affirmed

that California needs this area’s local lawyers and judges to

be involved. Yes, this means you! I am sure Chief Justice

Tani Cantil-Sakauye would be delighted if you took some

time to review www.courts.ca.gov, the new website of the

California Courts. The site debuted February 2011 and is

an excellent place to begin to learn how you too can get

The Chief Justice

involved! The time is right for Sacramento to support one of

our own.

1. http://www.courtinfo.ca.gov/courtadmin/aoc/

2. http://www.courtinfo.ca.gov/reference/documents/2008_operational_plan.pdf

3. The AOC has 11 internal divisions including an Appellate and Trial

Court Judicial Services Division, a Center for Family, Children and the

Courts, a Finance Division, an Office of Construction and

Management, an Education Division/Center for Judicial Education and

Research and an Office of the General Counsel, among others. AOC

Chief Justice Tani Cantil-Sakauye greeting guests at the

Investitture Celebration in Sacramento.

also has 3 regional offices and over 900 employees. See

http://www.courtinfo.ca.gov/reference/documents/factsheets/AOC.pdf

4. The Judicial Council Advisory Committees include, but are not limited

to, Access and Fairness, Civil Jury Instructions, Criminal Jury

Instructions, Appellate Advisory Committee, Civil and Small Claims,

Court Executives, Court Interpreters, Court Technology and Judicial

Education and Research (CJeR), et al.

5. Rose Elizabeth Bird (November 2, 1936–December 4, 1999) served

for 10 years as the 25th Chief Justice of the California Supreme Court.

Helene Friedman, a Senior Staff Counsel at the California

Department of Child Support Services, has worn many pro bono

hats. She was co-editor of this magazine for 3 years and Editor

of the Sacramento County Bar Association pictorial Directory for

2. Helene served 7 years as Director at Large on the Sacramento

County Bar Association Board and served as a Member of the

Boards of Legal Services of Northern California, Voluntary Legal

Services Program, Women Lawyers of Sacramento and the

Sacramento County Superior Court Bench/Bar Media

Committee. Helene is currently training to be a volunteer at the

Sacramento SPCA.

JULY/AUGUST 2011 SACRAMENTO LAWYER

27


28 SACRAMENTO LAWYER JULY/AUGUST 2011

Section & Affiliate News

Barristers’ Club Update

The Barristers’ Club of Sacramento is

Proud to Welcome Two New Members

to the Board of Directors

The Barristers’ Club of Sacramento is continually

striving to come up with original and innovative

ways to contribute to the Sacramento legal community,

particularly to help younger lawyers as they make their

transition from law school to law practice. In keeping

with that goal, the Board of Directors has decided to enlist

Ian Barlow

two new recruits. Please welcome our newest members to

the Board of Directors, Ian Barlow and Kurt

Hendrickson.

Ian is an associate attorney at Wexler Wallace LLP. As a

member of Wexler Wallace’s Sacramento office, his practice

emphasizes business litigation and complex class

actions involving e-commerce, products liability and consumer

protection litigation. Ian earned his Bachelor of

Arts in Political Science and Rhetoric from the University

of California at Berkley in 1997. He also earned a Masters

of Public Policy from the UCLA Luskin School of Public

Affairs in 2006, where he received an award of honors for

his thesis on reducing avoidable unlawful detainers in

By Amanda Gimbel,

Barristers’ Media Chair

California. Ian received his Juris Doctor from the UCLA

School of Law in 2006, with concentrations in both

Critical Race Studies and the David J. Epstein Program in

Public Interest Law & Policy. He was also chief articles editor

for the Asian Pacific American Law Journal. In his

spare time, Ian enjoys spending time with family and

friends, playing music, and getting out to an occasional

Kings or River Cats game.

Kurt is an associate at Knox, Lemmon, Anapolsky, &

Schrimp, LLP. His practice focuses on business litigation

and administrative law. Kurt graduated from Arizona State

Kurt Hendrickson

University in 2003, having earned dual Bachelors Degrees

in Science and Sociology. Kurt earned his Juris Doctor

from the University of the Pacific, McGeorge School of

Law in 2007. During his third year at McGeorge, Kurt

worked as a state field director managing three grassroots

programs for a 2006 California gubernatorial campaign.

Additionally, he was an active participant in on-campus

activities, and served as the president of the Junior

Barristers’ Club, an affiliate of the Barristers’ of

Sacramento. In his spare time, Kurt enjoys playing golf

and organized basketball. He also actively follows politics

at both the state and federal levels.

If you are interested in serving on the Barristers’ Board


of Directors or simply seeking to become more involved

with the Barristers’ Club, please contact us at

SacBarristers@gmail.com.

The Barristers’ Club of Sacramento’s

Annual Summer Associates Reception

is Here!

The Barristers’ Club is hosting its Nineteenth Annual

Summer Associates Reception. This event honors the

summer associates and firms participating in the

Sacramento County Bar Association’s Diversity Hiring and

Retention Program. These firms have hired a first year

diversity law student for the summer. The Summer

Associates Reception is also intended to celebrate all of

our Sacramento-area summer associates. This year’s

Reception will be held on Thursday, July 21, 2011 from

5:30 p.m. to 7:30 p.m. at The Park Ultra Lounge at

Section & Affiliate News

Cafeteria 15L. The Park Ultra Lounge is located at 1116

15th Street on the corner of L and 15th Streets. If your

firm is interested in sponsoring the event, or you would

like to attend, please contact Amanda Gimbel at agimbel@mathenysears.com.

Barristers’ Giving

The Board of Directors continues to fulfill its mission

of giving back to the Sacramento community by helping

those less fortunate. As previously mentioned, the

Barristers’ Club helps prepare and serve meals at St.

John’s Shelter for Women & Children on the second

Wednesday of every month. In addition, the Board has

also named a Charity Chair, Daniel Kim. If you would

like to get involved and help out your community with

the Barristers, please contact Daniel at dkim@mathenysears.com.

The Barristers’ Club of Sacramento, in conjunction with various

Sacramento-area law firms, invites you to the

Nineteenth Annual

Summer Associates Reception

This event honors the summer associates and firms participating in the

Sacramento County Bar Association’s Diversity Hiring and Retention Program.

These firms have hired a first year diversity law student for the summer.

The Summer Associates Reception is also intended to celebrate all of our

Sacramento-area summer associates.

Please join members of the local bench and bar in personally welcoming

summer associates to Sacramento.

WHEN: Thursday, July 21, 2011 from 5:30 p.m. to 7:30 p.m.

WHERE: The Park Ultra Lounge at Cafeteria 15L

1116 15th, Sacramento, CA 95814

(corner of 15th and L Streets)

RSVP/SPONSORSHIP INFO:

to Amanda R. Gimbel, agimbel@mathenysears.com or 916.978.3434

JULY/AUGUST 2011 SACRAMENTO LAWYER

29


Courthouse Steps

Diepenbrock Harrison

announced that Mark E.

Peterson has returned to

the firm as an associate

attorney. Peterson will be

working in the firm’s Real

Estate and Business Law

Department. Peterson originally

joined Diepenbrock

Harrison in 2006. He is

now returning after spending

two years at the Dallas,

Texas, office of Baker &

McKenzie, LLP, a large Mark E. Peterson

international law firm. At

that Baker & McKenzie, Peterson’s practice focused on

complex business transactions, debt and equity financings,

international mergers and acquisitions, and federal securities

law matters. A member of the State Bars of California

and Texas, Peterson earned his B.A. in Economics from

Brigham Young University in 2002. In 2006, he obtained

a J.D. degree, Cum Laude, from the University of Michigan

Law School. While attending law school, Mark was a member

of the Michigan Law Review.

Palmer Kazanjian Wohl Hodson is excited to announce

that Jenny Phillips has joined the firm. Ms. Phillips brings

with her an expertise in healthcare law and is an integral

part of the firm's ERISA and healthcare practice. Ms.

Phillip's prior practice included multi-million dollar trials

and arbitrations involving provider/payor disputes. Her

experience also includes advising clients on issues involving

the Health Information Portability and Accountability

Act (HIPAA), Stark and anti-kickback laws, and state

licensing for clinics and health facilities. Ms. Phillips graduated

with distinction from University of the Pacific,

McGeorge School of law and subsequently obtained her

Master of Laws in Government & Public Policy with an

emphasis in health law.

Knox, Lemmon, Anapolsky & Schrimp, LLP is pleased to

announce that Andrew D. Loveland has joined the firm.

Mr. Loveland has more than ten years experience handling

a wide variety of business, probate and nonprofit tax and/or

tax-exempt matters. He will

expand his work in these

areas, with an emphasis on

expanding the firm’s estate

planning practice. Prior to

joining Knox, Lemmon,

Anapolsky & Schrimp, LLP,

Mr. Loveland worked as an

associate with the

Sacramento law firm of

Kronick, Moskovitz,

Tiedemann & Girard and the

Savannah, Georgia, law firm

of Hunter, Maclean, Exley &

Andrew D. Loveland

Dunn. Mr. Loveland holds a

J.D. from the University of California, Davis School of Law,

a LLM. in Taxation from Georgetown University Law

Center, a M.A. from the University of Colorado, and a B.A.

from the University of Miami.

Sacramento attorney Sonia Fernandes was awarded

the 2010 Jack Berman Award of Achievement for

Distinguished Service to the Profession and the Public

by the California State Bar Association in recognition

of her outstanding leadership and volunteerism in the

community. Created in 1992 by the California Young

Lawyers Association, the award was renamed in 1994

for San Francisco lawyer Jack Berman, whose extensive

pro bono work earned him the admiration of colleagues

and clients. The award recognizes the public

service of a young or new lawyer. Fernandes, now staff

counsel for the enforcement division of the state’s

Department of Managed Health Care, volunteers

monthly at Sacramento’s My Sister’s House legal clinic,

which assists victims of domestic violence. As a board

member of Women Lawyers of Sacramento, she helped

create and chairs the Ad Hoc Child Protection

Committee, which has focused on eliminating the sexual

exploitation of children and human trafficking and

the illegal trade of human beings for sexual exploitation

or forced labor. Ms. Fernandes is an SCBA Board

Member at Large.

Seyfarth Shaw LLP announced that Morgan T. Jones has

JULY/AUGUST 2011 SACRAMENTO LAWYER

31


joined the firm’s Sacramento office as a partner in the real

estate department. He arrives from McDonough Holland &

Allen PC, where he was a shareholder. Jones is joined by

associate Robert J. Wood. Jones’ practice focuses on banking

with a particular emphasis on financing transactions,

restructurings, loan enforcement, and real estate. His

financing practice includes all types of secured commercial

and agricultural real- property loans, as well as issuers of

letters of credit in bond transactions. Jones also represents

lenders in managing REO, sales of REO, and loan sales.

Jones received his B.A. from the University of California,

Santa Barbara, his M.A. from the University of California,

Los Angeles and his J.D. from the University of California,

Los Angeles School of Law, where he served on the UCLA

Law Review and the UCLA International Law Journal. He

is admitted to practice law in the state of California. He is

a fellow in the American College of Mortgage Attorneys.

Mary E. Olden has

joined Downey Brand LLP as

counsel in the firm’s litigation

group. Olden received

her J.D. from the University

of California, Davis School of

Law in 1983 and her B.S.

from the University of

Houston, Texas in 1970.

Prior to joining Downey

Brand, Olden was a shareholder

at McDonough Holland

& Allen PC. Her practice

focuses on bankruptcy and

construction law.

32 SACRAMENTO LAWYER JULY/AUGUST 2011

Mary E. Olden

Best Best & Krieger LLP is pleased to announce that 18

attorneys from McDonough Holland & Allen have joined

BB&K. The group of attorneys from McDonough is led by

that firm’s chief executive officer, Edward J. Quinn, Jr.,

and includes T. Brent Hawkins, one of the state’s premier

redevelopment attorneys, and Iris P. Yang and Harriet

Steiner, two of California’s most respected city attorneys.

The new attorneys, many of them joining BB&K’s municipal

and redevelopment practice, will work in BB&K’s

Sacramento office.

Quinn, who specializes in land use and redevelopment

law, has represented cities, manufacturers and private developers

throughout the state. Quinn also advises domestic

Courthouse Steps

corporate clients on foreign investment and has assisted foreign

clients with real estate and industrial investments in

the United States.

Yang, who has been the city attorney for Paso Robles since

1994, also serves as special counsel to a number of redevelopment

agencies in the state, including Santa Rosa,

Richmond, Redwood City, Modesto, and Ventura. She has

developed a specialty in advising public agency clients on conflict

of interest matters under the Political Reform Act, campaign

finance matters, economic disclosure, and lobbying.

Hawkins serves as general counsel to the California

Redevelopment Association, a position McDonough has

held for more than 25 years, drafting much of the redevelopment

legislation enacted during that time. Hawkins

also represents the redevelopment agencies of

Sacramento, Los Angeles, San Jose, Oakland, and several

other cities in the state.

Quinn, Hawkins and Yang are among the authors of various

editions of Redevelopment in California, considered the

definitive guide for policymakers, redevelopment officials,

developers, attorneys, and citizens on the law and practice

of redevelopment in the state. The publication has been frequently

cited by the courts.

Steiner, who has been city attorney of Davis since 1986,

represents cities, special districts and joint powers agencies

as city attorney, general counsel and special counsel. Her

specialties include land use, environmental law, telecommunications

law, cable television franchising, wastewater

and municipal water, and public financing.

Quinn, Hawkins, Yang, and Steiner will become BB&K

partners in the firm’s municipal and redevelopment practice,

joining a practice that boasts 110 attorneys.

Other McDonough attorneys joining the municipal and

redevelopment practice are:

Linda R. Beck, partner: With a practice focusing on

construction law for public agencies, Beck is known for

working on such diverse public projects as waste water

treatment plants, storm drains, libraries, and police, fire and

emergency operations facilities.

Seth Merewitz, partner: Provides advisory and transactional

services to land owner groups, public agencies and

private entities with a focus on residential master-planned

communities, land use, infrastructure financing, affordable

housing, redevelopment law, commercial and industrial

land use, and general municipal law.

Kara K. Ueda, partner: As city attorney for Rio Vista and

assistant city attorney for Davis and Paso Robles, Ueda’s

practice includes transactional, advisory, and litigation matters

for public agencies and private entities. Ueda formerly


was a staff attorney for the League of California Cities.

Ethan Walsh, partner: Specializing in redevelopment,

affordable housing and land use law, Walsh’s practice

includes assisting redevelopment agencies and private

developers in structuring transactions for commercial, residential

and mixed-use projects. He is also a co-author of the

4th edition of Redevelopment in California.

Joseph E. Coomes, Jr., of counsel: Serves as special

redevelopment counsel to more than 50 cities and several

counties in California. He also represents a number

of developers engaged in redevelopment and large land

use projects.

Ann Taylor Schwing, of counsel: Her practice focuses

on appeals, motions, and research.

Kimberly E. Hood, associate: Practices all aspects of

public law, with the majority of her practice in the areas of

public agency litigation, eminent domain, and employment.

Erinn M. Lopez, associate: With a focus on transactional

matters, her emphasis is on redevelopment, real estate, land use,

and affordable housing for public agencies and private entities.

Irene S. Zurko, associate: Her practice includes advisory,

litigation, and transactional services to cities, counties,

redevelopment agencies and other public entities.

The following McDonough attorneys who specialize in

health care, business and labor law will be joining other

BB&K practices:

Cathy Deubel Salenko, partner. A health care attorney

with more than 25 years of experience, Salenko counsels

public and private providers and payors in a wide variety of

health care transactional matters. She will become part of

BB&K’s business planning and transactions practice.

Gary Loveridge, of counsel: His practice encompasses

all aspects of health care law with emphasis in mergers and

acquisitions, nonprofit affiliations, regulatory compliance,

and corporate and governance restructuring. Loveridge

counsels boards, senior management and physician leaders

on ways to achieve their goals. He is joining BB&K’s business

planning and transactions practice.

Susan L. Schoenig, partner: While her practice has

involved a wide range of real estate and commercial litigation,

Schoenig focuses on employment law and advises a

diverse group of public and private employers in all types

of employment and labor matters. She is joining BB&K’s

labor and employment practice.

Stacey Sheston, partner: Her practice focuses on advising

public agency employers and on public agency litigation,

including eminent domain. Sheston’s clients include

public agencies and private clients. She is joining BB&K’s

labor and employment practice.

Courthouse Steps

Laura Fowler, associate: A litigation attorney, Fowler

specializes in employment law and represents employers in

a variety of court and administrative proceedings. She is

joining BB&K's labor and employment practice.

Hanson Bridgett LLP announced a major expansion of

its Real Estate and Construction Section, as well as its

Sacramento office, with the addition of nine attorneys

from McDonough Holland & Allen PC. Joining Hanson

Bridgett as partners from McDonough are Robert W.

O’Connor, previously head of McDonough’s construction

practice, André K. Campbell, William A. Lichtig, Tyson

M. Shower and Sean-Thomas P. Thompson. In addition,

Dawn M.D. Balzarano, Joel W. Darrington, John W.

Klotsche, and Erin K. McDonough join Hanson Bridgett

as associates.

O’Connor, a construction lawyer for more than 34

years, specializes in construction law, litigation, and alternative

resolution of construction disputes. He represents

owners, general contractors, subcontractors, suppliers, and

design professionals in public works and private projects.

He has been an active mediator and arbitrator of construction

disputes for more than 15 years. He is a member of the

State Bars of California and Oregon and is admitted to

practice before the United States District Court for the

District of Oregon, the Eastern and Northern Districts of

California, the U.S. Court of Appeals for the Ninth Circuit,

and the U.S. Court of Federal Claims. He received his J.D.

from the University of Oregon School of Law in 1975. He

received a B.A., with Highest Honors, from the University

of California, Santa Barbara in 1972.

Campbell specializes in construction law, including

bidding and protest issues, government contract law, the

drafting and negotiating of contracts, and the litigation,

arbitration and mediation of disputes. Mr. Campbell

served as a major in the U.S. Air Force. He is a member of

the State Bar of California and admitted to practice before

the U.S. District Court for the Eastern and Northern

Districts of California as well as the U.S. Court of Federal

Claims. He received his J.D. from Loyola Law School in

1996. He received an M.S. from Rensselaer Polytechnic

Institute in 1991 and a B.S. from the U.S. Air Force

Academy in 1981.

Lichtig’s practice focuses on construction, surety, and

public contract law. He represents contractors, public and

private owners, material suppliers and sureties in a wide

array of matters. He also serves as a mediator, arbitrator and

Continued on page 34

JULY/AUGUST 2011 SACRAMENTO LAWYER

33


In

Community Service

VLSP Partnership Helps

Protect Juvenile Records By Vickie Jacobs,

VLSP Managing

Attorney

September 2010, the Voluntary Legal Services

Program of Northern California launched a

new project that provides services to clients who need

help with the sealing of their juvenile records. Our staff

attorney for this project is Victoria Ciganda, who also

manages VLSP's Employment Law Clinic. With the support

of the law firm of DLA Piper, the legal department of

Hewlett Packard in Roseville, and the Sacramento County

Probation Department, Ciganda puts on a monthly clinic

where volunteers assist low income clients who are seeking

the sealing of their juvenile records as provided by law.

Sealing of juvenile records can help rehabilitated adults

get into student loans, jobs and the military. Contrary to

popular belief, juvenile records are not automatically sealed

on a person's 18th birthday; a petition must be filed to have

the records sealed. At the age of 18, a person can have

his/her juvenile records sealed. Once sealed, by law the

juvenile proceedings are deemed never to have occurred,

no one can obtain access to the records, and they are

destroyed five years from the date of sealing. The Clinic's

staff and volunteers do not currently represent clients in

legal proceedings, but they do give legal advice and help

with the preparation of the legal documents needed to seal

juvenile records. Participation in the Clinic allows clients

to significantly expedite the record sealing process.

The volunteers from DLA Piper and Hewlett Packard

received training on the law regarding sealing of juvenile

records and the petition paperwork. Officer Cathy McCoin

Courthouse Steps - continued from page 33

special master. He has lectured on a variety of topics,

including lean project delivery, mechanics’ liens and related

remedies, and construction claims and disputes. He is a

member of the State Bar of California. He received his J.D.

from the University of California, Davis, School of Law in

1982. He received a B.A. from the University of California,

Santa Cruz in 1979.

Shower is a litigation and transactional attorney specializing

in construction law with an emphasis on public and

private contracting, mechanics’ liens, stop notices, and

surety disputes. He is a member of the State Bar of

California and admitted to practice before the U.S. Court of

34 SACRAMENTO LAWYER JULY/AUGUST 2011

of the Sacramento County Probation Department initially

screens prospective low-income clients to determine

whether the Probation Department considers them eligible

for records sealing. The support of the Probation

Department has been invaluable in providing training and

on-site assistance at our monthly clinic.

The volunteers have found the experience at the Clinic

rewarding. MariJo Rogers, of Hewlett Packard, says that

she looks forward to going to the Clinic:

"The opportunity to encourage a young person to speak

about the positive activities they've been involved in, and

the aspirations they have for their future, is rewarding.

These are young adults who've run into serious trouble and

have woken up, want to change. We know how hard that

can be. But there it is, at night, and some of them come

from far away, to work with us to get their record sealed.

"One young man asked why we wore name tags with

our first names on them. 'Is this so you know each other?'

he asked. 'No,' we said, 'it's so you can know us.' He

appeared taken by surprise and said that he never thought

people would wear a name tag just for him. It's these

small, unguarded moments that stay with me."

VLSP is looking forward to a long association with DLA

Piper, Hewlett Packard's legal department and the Sacramento

County Probation Department in providing services that will

allow young adults to move on with their lives and become

productive citizens. For further information about this project,

please contact Victoria Ciganda at (916) 551-2133.

Appeals for the Ninth Circuit and all federal district courts.

He received his J.D. from the University of California,

Davis, School of Law in 1997. He received a B.S. from the

University of California, Haas School of Business in 1994.

Thompson’s practice focuses on construction matters,

including the drafting of contracts, mediation, arbitration,

and litigation. His specialties include insurance coverage,

mechanics’ liens, stop notices, surety bonds, bidding, and

licensing. He is a member of the State Bar of California and

admitted to practice before the U.S. District Court for the

Eastern and Northern Districts of California. He received

his J.D., with distinction, from the University of the Pacific,

McGeorge School of Law in 2000. He received a B.A. from

the University of California, Davis in 1996.


Federal District Court Seeks Additional

Volunteer Neutral Evaluators

Index of Advertisers

Annual Bench Bar Reception . . . . . . . . . . . .Back Cover

ABAS Golf Tournament . . . . . . . . . . . . . . . . . . . .Page 4

Bank of Sacramento . . . . . . . . . . . . . . . . . . . . .Page 10

Buzz Wiesenfeld . . . . . . . . . . . . . . . . . . . . . . . . . .Page 6

Darrel W. Lewis . . . . . . . . . . . . . . . . . . . . . . . . . .Page 6

Data Safe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 23

Intercept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 21

JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 9

Jay-Allen Eisen Law . . . . . . . . . . . . . . . . . . . . . . .Page 5

Ken Malovos . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 23

MaryBurroughsStudio.com . . . . . . . . . . . . . . . . .Page 23

Northern CA Collection Service . . . . . . . . . . . . .Page 11

Sacramento Law Library . . . . . . . . . . . . . . . . . . .Page 12

Summer Associates Reception . . . . . . . . . . . . . .Page 29

Thomson West . . . . . . . . . . . . . . . . . . . . . . . . . .Page 15

Ueltzen & Company . . . . . . . . . . . . . . . . . . . . . .Page 6

WLS ArtFest . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 30

By Sujean Park, ADR and Pro Bono Director, U.S. Eastern District Court

The United States District Court for the Eastern District

of California is looking for experienced attorneys to

volunteer as neutral evaluators in the court’s Voluntary

Dispute Resolution Program (VDRP). The VDRP Panel currently

consists of approximately 110 attorneys.

The Eastern District has the heaviest caseload of any federal

court in the United States. As a case management tool,

the court employs various alternative dispute resolution

(ADR) methods. Through Local Rule 271, the court provides

a form of ADR to civil litigants. Litigants appearing

before the court can elect to participate in the program on a

voluntary basis. Referral to the VDRP is contingent upon the

consent of all parties. Through the program, an experienced

litigator is designated as a neutral evaluator to meet with the

parties to discuss the case and attempt to narrow the areas

of dispute. In many instances the process leads to settlement

outside of formal court proceedings.

The success of the VDRP depends on those who serve on

Court News

the panel of neutrals. The court strives to match parties with

prospective neutral evaluators who have both experience and

expertise in the area of law at issue. Every effort is made to

distribute VDRP assignments among panel members so that

each neutral is assigned no more than two cases each year.

Persons selected to serve as neutral evaluators can complete

the mandatory VDRP training in one of two ways.

VDRP panel members can view a court-provided DVD of the

training session or attend the next live training session,

which is tentatively scheduled for the summer or fall 2011.

More detailed information on the training will be available at

a future date.

Anyone interested in more information or in serving as a

neutral evaluator should contact Sujean Park, ADR and Pro

Bono Director for the U.S. Eastern District Court, at: 501 I

Street, Suite 4-200, Sacramento, CA 95814. She can also be

reached by telephone at (916)930-4278 or via email at

spark@caed.uscourts.gov.

C A L E N D A R

Second Wednesdays -- SCBA Barristers serve at St. John’s Shelter for

Women; Contact Daniel Kim at 978-3434 or dkim@matheny-sears.com

to volunteer

July 1 -- Submission deadline for September/October issue of

Sacramento Lawyer

July 7 -- Joint Section Representatives' and MCLE Committee

meeting, noon, SCBA Office

July 21 -- Barristers’ Club Nineteenth Annual Summer Associates

Reception. Park Ultra Lounge from 5:30-7:30 p.m. This is a hosted

event. Contact Amanda Gimbel at agimbel@mathenysears.com or

978-3434 – see page 29

July 27 -- SCBA Appellate Law Section Summer Get-Together.

1007 – 7th Street, Suite 500, 5:30 p.m. Contact sfinelli700@yahoo.com

September 1 -- Submission deadline for November/December issue of

Sacramento Lawyer

September 11 -- ABAS Golf Tournament. Turkey Creek. Contact

Golf@ABASLawFoundation.org

September 22 -- WLS Artfest at The Vizcaya, 6-8 p.m.

Contact Kimberly Lucia at klucia@boutinjones.com or 321-4444

October 12 -- SCBA Annual Bench Bar Reception. California

Automobile Museum, 5:30-7:30 p.m. Contact Reception@sacbar.org

or call 564-3780 x 200 – see back cover

JULY/AUGUST 2011 SACRAMENTO LAWYER

35


SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

1329 Howe Ave., #100 • Sacramento, CA 95825

SAVE THE DATE

Wednesday, October 12, 2011

California Automobile Museum

2200 Front Street, Sacramento, CA 95818

Announcing Judge of the Year

Appetizers and hosted bar

Jazz combo

For more information contact:

Reception@sacbar.org or call 564-3780 x200

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