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Hon. Barry P. Goode Supervising Judge civil law In the judicial branch, change is generally slow but inexorable. So it has been with the Civil Division this year. There have been a few changes in recent months, but much has stayed the same. As of January 2010, Judge Flinn left the complex civil department and Judge Maddock left his fast track department, each after three years of dedicated service. They will be missed. Judge Cheryl Mills now sits in what had been Judge Maddock’s department. Judge Goode occupies the complex civil department. In all other respects, the assignments remain the same. Judges Craddick, Zuniga and Baskin continue to serve in fast track civil departments. Commissioner Sanders still does her extraordinary work with discovery motions, ex parte applications, orders of examinations, name changes and the myriad of other things she handles. However, as described elsewhere in this magazine, in just a few more months Judges Craddick and Zuniga will move on to new assignments. They will be replaced by Judges Brady and Austin. The division is lucky to have had the benefit of two such experienced judges and is equally lucky to be getting two seasoned judicial officers to replace them. There has been one other noticeable change this year. In January 2010, the Court divided the work of the limited jurisdiction civil department among the other civil departments. So, now each of the five unlimited civil departments has a portfolio of limited jurisdiction cases as well. That means that at 8:30 a.m. (most mornings) the fast track and complex civil departments call a calendar of up to a dozen limited cases. It also means that from time to time they have trials of limited jurisdiction matters. The merger of the limited civil caseload with the unlimited civil caseload during this time of budget woes has created strains in the clerk’s office. The Court’s staff has shrunk by approximately 20% since the beginning of the current budget crisis – with commensurate reductions in the Civil Division. With fewer clerks to process papers, the unlimited civil cases have gotten priority attention to the detriment of the limited cases. Thus, defaults, writs and abstracts, new complaints and loose filings have become seriously backlogged. The Court has devised a plan to address that backlog and will, hopefully, have it cleared by late September or early October. No one likes having this backlog, and we are all looking forward to having it eliminated. We appreciate the great effort that all our staff has made to try to keep up with a truly overwhelming workload. Other changes are more subtle. For example, in the complex department, trials are now scheduled in the mornings as well as the afternoons. And Department 19 is trying an experiment in recalendaring trials. If the parties agree that their case will be ready for trial in the next thirty to sixty days, they can contact the clerk. The Court will try to get them on calendar in lieu of a case that was previously set but has settled. Of course settlement is still very important. We are fortunate to have the active assistance of the CCCBA which – together with Magda Lopez - is the engine that drives our alternate dispute resolution program. With their assistance, we were able to dispose of more than a thousand cases last year. We are on track to hit that number again this year. Although great attention is rightfully paid to alternate dispute resolution, and although much has been written about the demise of civil trials, that death has been much overstated. Indeed, as of this writing, four of the five civil departments are in the middle of trial. One department has been in trial two thirds of the time this year. Two years ago, writing in these pages, Judge Flinn discussed the use of e-filing in the complex civil department. He explained its benefits and looked forward to expanding its use to other unlimited civil cases and even some types of limited jurisdiction matters. He said “we are now very close to making e-filing available for all unlimited civil actions...” That was before the bottom dropped out of the budget. However, it is still a goal to be pursued once the budget situation improves. It seems inevitable that we will someday swap electrons for ink and paper. Change is, after all, inexorable, albeit slow. u 10 September 2010
criminal law Hon. John W. Kennedy Supervising Judge With apologies to the A’s and the Giants, I would analogize our Criminal Courts trial team to the New York Yankees: We have an abundance of heavy hitters and a deep bench. We, however, manage to do it without steroids. Our Criminal Trial Departments are filled with a strong team of experienced trial judges. In Martinez, we have Judges David Flinn, Laurel Brady, Joni Hiramoto, Theresa Canepa, Jill Fannin, Leslie Landau, and John Laettner. Each of these Judges has the experience and ability to handle any felony trial, from the most routine petty theft with a prior to the most complex gang-related homicide. This depth of experience has given us a great deal of flexibility and the capacity to try the felony jury trials within the Speedy Trial time constraints and with less need to rely on our colleagues in the Civil Division. During the fiscal year ending June 30, 2010, the District Attorney’s office filed 3,867 felony cases – almost exactly the same number as the prior fiscal year – and 9,728 misdemeanor cases, down from 11,300 last year. We tried 115 felony jury trials to verdict, including 20 homicides and 23 sexual assault cases. We attribute much of our ability to dispose of all felony cases in a timely fashion to the efficient and effective Criminal Calendar work by Judge Brian Haynes. Judge Haynes combines his many years of experience in the District Attorney’s Office with his innate sense of fairness to resolve the vast majority of felony cases by plea agreements that are satisfactory to both sides. As the felony Calendar Judge, Judge Haynes also manages a heavy load and a wide variety of pre- and post-trial proceedings in felony cases. Judge Clare Maier currently oversees our Proposition 36 and Misdemeanor Domestic Violence calendars, as well as felony motions and Preliminary Hearings. Judge Maier guides these challenging cases with her boundless energy, her deep compassion, and her fortitude to hold people responsible for living up to their obligations. With our ever-shrinking budgets, the Prop. 36 Drug Court program is running out of funding. We are presently funded through March 2011, and hope to secure additional funding to continue the program after that. The Drug Court no longer has a dedicated Probation Officer, so all Prop. 36 defendants are placed on Court Probation. Judge Maier also supervises the more serious Misdemeanor Domestic Violence cases once the defendants are placed on probation. Judge Hiramoto continues to manage our Behavioral Health Court (“BHC”) in addition to trying felony jury trials. In its third year, the BHC gives specialized and tailored attention to defendants who are diagnosed with an Axis I mental illness and are charged with a non-violent felony or misdemeanor. They are usually placed on two years’ supervision with appropriate mental health treatment. After working without a Probation Officer for a year, the BHC is fortunate to have a dedicated Probation Officer, Ms. Eku Sako, thanks to a federal stimulus grant. The BHC has survived massive cuts in state funding due to the valiant efforts of the Contra Costa County Adult Mental Health Services, the Probation Office, the District Attorney, the Public Defender, the Sheriff, community groups, and Judge Hiramoto. Attorneys with clients who may be eligible for BHC services may contact Dr. Martha Wilson at (925) 646-1154 for information. Our Mount Diablo calendar has been ably handled by Judge Harlan Grossman and Visiting Judge Greg Caskey this year. Judge Grossman applies his nineteen years of bench experience to manage this high-volume calendar. Judge Caskey, our semi-permanent Visiting Judge, is a utility player with the ability to move from Mount Diablo to Pittsburg, to felony trials, to Family Court, and to Juvenile Court as the Court’s needs shift. We continue to have the wisdom and experience of the Dean of our bench, Judge Richard Arnason, who handles our felony probation calendar. With over 45 years on the bench, Judge Arnason is a treasure trove of historical information, often based on his personal participation in the events that have shaped the Contra Costa Superior Court. Judge Joyce Cram presides over our Elder Court, including criminal cases alleging crimes against elder victims. Each of our Branch Courts is supervised by a Judge of tremendous and varied experience. Our Pittsburg Superior Court is headed by Judge Steve Austin, who has served in the Family Court, Felony Trial, and Civil Trial departments, as u Contra Costa Lawyer 11
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