www.acctla.org erdict - Alameda-Contra Costa Spring 2021 - Shingler Law
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the Verdict
www.acctla.org
Alameda-Contra Costa
TRIAL LAWYERS’ ASSOCIATION
Spring 20212021 DUES NOTICE Costa Trial Lawyers' Association contents | spring 2021
,
Alameda-Contra
2020 DUES NOTICE
To pay by debit or credit card, go to http://acctla.org/products-page/ – or –
Mail payment to: Mariana Harris, Executive Director
To pay by debit or credit card,
4450goMira
to http://acctla.org/products-page/
Loma Drive, Pittsburg, CA 94565or mail a check to:
ACCTLA, 4450 Mira Loma (925)Drive,257-4214
Pittsburg,•CA 94565
acctriallawyers@gmail.com departments
If you have any questions, please contact Mariana Harris, ED at
Enclosed is my check payable to ACCTLA
ACCTrialLawyers@gmail.com for my 2021 membership dues.
or 925-257-4214
4 From the Editors
Casey Kaufman & Ron Shingler
33 Calendar of Events
Name:___________________________________________________________
Firm: ____________________________________________________________
Address:_________________________________________________________ 6 From the President 34 Appellate
Val McGinty
Report
____________________________________________________________ Jayme L. Walker
Phone:_____________Fax: __________Email:__________________________
Website:________________________Bar Number/Admission Date:________ 15 Sustaining Members 36 Member News
Area(s) of Practice:________________________________________________
Referred by: ______________________________________________________
I apply for the following type of membership: features
___ Law Student - $ 25 ___ Legal Assistant - $ 50
___ 0-5 years in Practice - $150 ___ 5 years in Practice and Over - $195
8 Hon.
Trial Judges of the Year:
Stephen Kaus and Hon. Danielle Douglas
___ Sustaining Membership - $475** Includes one year’s membership, one admission to Jayme L. Walker and Roseann Torres
Judges’ Night banquet, one admission to What’s New in Tort and Trial Practice seminar,
16 Hon.
special recognition in The Verdict, and on our website
Rebecca C. Hardie
David Ratner
___ Expert /Vendor - $200 ___ Retired Judge/Neutral - $125
Voluntary Statistical Information:
20 ACCTLA
A Fond Look Back...
Judges’ Night Through the Years
Membership Status: Race: (Check all that apply):
___ I am a new member. ___ African American ___ Caucasian
22 Hon.
___ I am renewing my membership. ___ Asian/Pacific Islander
___ I am rejoining after a lapse ___ Native American ___ Latino/Latina Tara Desautels
___ Mixed Race ___ Other Sarah Gilson
I am also a member of: (Check all that apply) Gender:
____ SFTLA ____ CCCBA ____ AAJ ___Female ___Male ___Other
____ CAOC ____ ACBA
____ Other __________________________
26 Hon. Stephen M. Pulido
Casey Kaufman
Statement of Editorial Policy
By signing below, I hereby certify that I am:
___ A regular member (voting member whose practice predominantly involves
ACCTLA reserves the right to edit articles and letters
sent in for publication. All editorial material, 32 Some New Video Rules and Evidence from 2020
Rick Simons
including editorial comment, appearing herein
representing plaintiffs in tort matters, criminal defense, family law or general represents the views of the respective authors and
civil litigation) does not necessarily carry the endorsement of the
___ I am an associate member (non-voting member whose practice primarily ACCTLA or the Board of Directors. Likewise, the
publication of any advertisement is not to be
involves insurance defense or criminal prosecution.)
construed as an endorsement of the product or
service offered unless it is specifically stated in
Signed: ____________________________________ Date: _______________ the ad that there is such approval or endorsement.
^
2 Spring 2021 The Verdict 3from the editors LAW OFFICES OF LYLE C. CAVIN, JR. Alameda-Contra Costa Trial Lawyers’ Association
4450 Mira Loma Drive, Pittsburg, CA 94565
925.257.4214 • www.acctla.org
Maritime 2021 Officers
Jayme Walker, President
n Cat Cabalo, President-Elect
MAY 1 – MAY 31 Jennifer Fiore, Treasurer
Casey Kaufman Ron Shingler
Personal Injury Cassie Springer Ayeni, Secretary
n Executive Director
Mariana Harris
A defining feature of the American ful and informative, while Casey Kaufman’s
Wrongful Death Board of Governors
Megan Burns Valerie McGinty
Experiment is the peaceful transfer of article on Judge Stephen Pulido discusses Susan Kang Gordon Gunter Mihaescu
power. Our most recent transition was his background and recent remote trial Specializing in the representation Laurel Halbany
Catherine Haley
Will Ruiz
John Schreiber
anything but peaceful. While some poli- experiences. Michael Herman Ronald Shingler
ticians and pundits cried stop the steal and Moreover, Rick Simons wrote on cur- of victims of commercial Alison Karp
Casey Kaufman
Sonya Smallets
Joseph Tomasik
asserted baseless voter fraud claims, there
remained one institution where the truth
rent issues concerning the admissibility
of video evidence, Valerie McGinty has
and pleasurecraft accidents JoAnn Kingston
Anoush Lancaster
Denise Top
Roseann Torres
Scott Lantry Sharon Vinick
still mattered — our Courts. Judges sum- written the appellate report, and we have Teresa Li Todd Walburg
Lia Marks
marily rejected more than sixty lawsuits several recent settlement and verdict
alleging voter fraud based upon a lack of submissions. Enjoy! u
Call toll free Past Presidents
Food is a basic
evidence. We proudly dedicate this issue 888-crew-law Peter Alfert
Bryce C. Anderson
Micha Star Liberty
Suizi Lin
to all judges, particularly those who pre- (888-273-9529) Kelly Balamuth Michael J. Markowitz
human right —Ron Shingler is the founder of Shingler Law,
www.sealawyer.com
side in the Alameda and Contra Costa Richard J. Baskin David McClain
a firm in Walnut Creek comprised of seven Richard D. Bridgman Alexis McKenna
County Superior Courts. Lyle Cavin Patrick J. McMahon
professionals who represent people suffering from Stephen H. Cornet Anthony Petru
We have a series of beautiful articles
mesothelioma. Mr. Shingler is the son of an Lyle C. Cavin, Jr. A. Charles Dell’Ario Paul L. Rein
written by our members. Sarah Gilson pro- Steven W. Derby Elise R. Sanguinetti
Join members
vides insights into Judge Tara Desautels’
asbestos plant worker. He can be reached at Lia T. Marks Brian P. Evans Eric Schnumacher
of the legal community call to the bench, while David Ratner
ronshingler@shinglerlaw.com. 428 Alice Street, Suite 128 Daneen C. Flynn
William Gagen, Jr.
Robert G. Schock
Julia Sherwin
to prevent summer hunger illuminates Judge Rebecca Hardie’s — Casey Kaufman represents clients in the Oakland, CA 94607 Michael Gatto Aaron Simon
William D. Gibbs Richard J. Simons
for children and their approach to judging during the pandemic. Oakland area. He is recognized by peers and J. Gary Gwilliam Scott H.Z. Sumner
families. Roseann Torres writes about how Judge was selected to Super Lawyers 2016 - 2021. Over 40 years of extensive trial and settlement experience Matthew Haley John M. Starr
John Hallbauer Shawn Tillis
Danielle Douglas’ experience as a lawyer He represents plaintiffs in Personal Injury and — Referral Fees Paid — Molly Harrington Leroy F. Vadney
helps her as a judge. Jayme Walker’s elder law. Mr. Kaufman can be reached at Marjorie Heinrich R. Lewis Van Blois
accfb.org/FoodFromTheBar David Hicks Erika Jacobsen White
interview of Judge Stephen Kaus is insight- casey@caseykaufmanlaw.com. Peter J. Hinton William F. Whiting
Neurology, Neurotoxicology, Occupational and Environmental Medicine Eric H. Ivary Jim W. Yu
Steven Kazan
Jonathan S. Rutchik, MD, MPH, FACOEM, FAAN
Would you like to be published? Associate Professor, University of California at San Francisco THE Verdict
— Worker’s Compensation, Personal Injury, Fitness for Duty — A publication of the Alameda-Contra Costa
Publication in The Verdict is excellent exposure. Our readers are Specializing in Neurology, Occupational / Environmental Medicine, Neurotoxicology, Organic Solvents, Trial Lawyers’ Association
most interested in issues surrounding plaintiffs’ personal injury, family, Heavy Metals, Mold, Pesticides, Neuropathy, Brain Trauma, Disability, Risk Assessment, Neuroepidemiology, - Since 1970 -
appellate, criminal and/or business law. Product Liability, Utilization Review, Upper/Lower Extremity Head, Neck, Back Injury, Plaintiff, Defense.
1 in 5 Alameda County Editors
If you’re interested in submitting an article, please email it to: Casey Kaufman • 510.900.6399
residents experiences O: 415.381.3133 • F: 415.381.3131 • C: 415.606.1465 Ron Shingler • 925.757.7020
hunger. Mariana Harris jsrutch@neoma.com • www.neoma.com
acctriallawyers@gmail.com Design & Production
Locations in San Francisco, Richmond, Petaluma, Sacramento and Eureka/Arcata Young Design • 707.853.1417
4 Spring 2021 The Verdict 5from the president
Jayme L. Walker
Colleagues and Friends, beleaguered courts and given them Kaus and Contra Costa County Superior
Thank you all so much for allowing me to unprecedented challenges to completely Court Judge Danielle Douglas. Congratu-
serve as your President in this critical year. overall the way they conduct business. lations to both of our Trial Judges of the
I am truly honored to fulfill this role and Just as we all have had to adapt to remote Year and thank you to both for their
I want to invite all ACCTLA members to proceedings, so too have the courts, but commitment to justice.
let me know how we can better serve you the courts have had to do so with their I look forward to working with all of
in these difficult times. I hope that you already insufficient resources. In my expe- you this year to address the enormous toll
find this issue of The Verdict particularly rience, Alameda and Contra Costa have that this pandemic has taken on our prac-
helpful as we all navigate our practices done an excellent job with meeting the tices, from the challenges facing the courts
amidst a global pandemic. Your 2021 goal of giving all our clients access to and our clients’ access to them, to the stress
Verdict editors, Casey Kauffman and Ron justice. I have been able to get law-and- of isolation, and all of the unprecedented
Shingler, have done an excellent job of motion hearings done remotely in a timely changes, both welcome and unwelcome,
choosing judges that can give you critical manner, and although jury trials have that this pandemic has wrought. ACCTLA
information on moving your cases forward been delayed, they have been set so we is working to bring you much-needed
in Alameda and Contra Costa Counties. can move the cases toward resolution. camaraderie through our remote programs
Thanks to all the ACCTLA members who Going forward, ACCTLA is committed to and we will hopefully be having some
contributed to this important topic. doing whatever we can to work with the outdoor in-person events this year. We have
This issue of The Verdict is one of our courts and with CAOC to meet the chal- expanded our committee tasked with
most important judge’s issues to date. The lenges that this pandemic has bestowed interfacing with the bench to offer more
crisis facing the courts is daunting. With and to continue giving our clients their resources to the courts and promote coop-
the budget cuts under Governor Brown’s day in court and access to justice. eration between the bench and the bar to
administration, California courts were Of course, no judge’s issue would be meet the challenges we face. We are also
already facing delays, staff shortages and complete without a profile of our distin- committed to giving back and promoting
untenable caseloads per judge. The corona- guished Trial Judges of the Year, Alameda diversity and inclusion in our profession by
virus pandemic has taken the already County Superior Court Judge Stephen establishing the first-ever ACCTLA diver-
sity scholarship. Hopefully 2021 is the light
at the end of a long, dark tunnel. u
Advertise in The Verdict! Onward,
Jayme
Want an easy, cost-effective way of letting other attorneys in the
Bay Area know about your practice? Advertising in The Verdict is — Jayme L. Walker is a partner at Gwilliam,
a simple solution! Each issue is seen by hundreds of attorneys, Ivary, Chiosso, Cavalli & Brewer in Oakland,
and represents plaintiffs in employment, civil
as well as judges and court staff.
rights, and wrongful death, and personal injury
For rates and further information, please contact: cases. She has been named by California Super
Mariana Harris Lawyers as a Rising Star from 2014-2021
925.257.4214 - or - acctriallawyers@gmail.com and in 2020 was named Top Women Lawyers
to Watch.
6 Spring 2021 The Verdict 7Trial Judges of the Year
Hon. Stephen Kaus Hon. Danielle Douglas
Alameda County Contra Costa County
by Jayme L. Walker by Roseann Torres
Judge Stephen Kaus was honored as until he was appointed judge in 2012. a previous interview, Judge Kaus said that Judge Danielle Douglas, the ACCTLA that after 13 years as a prosecutor in the come in to get some trial experience and
ACCTLA’s Alameda County Trial Judge The judge was active in the Bar Asso- his goal as a judge was to be “to be smart, Contra Costa County Judge of the Year Contra Costa District Attorney’s office, you quickly move on to private litigation.
of the Year for 2021. He was kind enough ciation of San Francisco, serving on its to be fair, to pay attention and to be for 2020, was appointed to the bench six became a prosecutor in San Francisco. What When you don’t have as many long-term
to take time out of a busy virtual court board of Directors and as chair of a com- polite.” ACCTLA members agree that he years ago. She previously worked for 13 made you move and how were the two offices prosecutors, you have less competition for
schedule to sit down and talk with ACCTLA mittee on conflict counsel for indigent has far exceeded these goals and it is a years as a prosecutor in the Contra Costa distinct? getting assignments. Second, in San Fran-
members about his background, his expe- criminal defendants. pleasure to appear in his courtroom. We County District Attorney’s Office, and an Everyone asks that question about why I cisco unlike Contra Costa, if you are the
rience with virtual trials and running his Judge Kaus started as a judge in a are thrilled to honor him as the Alameda additional year as a prosecutor in the San left. The reason I left the District Attor- prosecutor, you are the underdog. The
courtroom during the COVID era. general assignment, doing unlawful detain- County Trial Judge of the Year. Francisco County District Attorney’s ney’s office in Contra Costa was the shift result is the development of a certain
Judge Kaus is a graduate of UC ers and miscellaneous criminal matters. He Below are excerpts from my interview Office. of a new set of policies when a new D.A. amount of camaraderie among your col-
Berkeley School of Law. He had a varied then went to a direct calendar assignment with Judge Kaus on February 11, 2021. I recently had the pleasure of inter- arrived. He was also transitioning some leagues as a result of this fact.
background of experience as a trial lawyer before doing the juvenile delinquency viewing Judge Douglas. She shared her supervisors out and replacing with new
that has served him well as a trial judge. calendar for two years before returning to Judge, thank you for taking the time to speak experiences as judge, starting with her supervisors. This policy shift and super- When you transitioned to the bench, what did
He started his career as a public defender a Direct Calendar civil assignment. The with me this morning. I know you’ve had a criminal court assignment, which was visorial shift gave me incentive to try out you miss about being an attorney?
in the Contra Costa Public Defender’s judge currently presides over Department really varied and broad background. I want followed by her current assignment in San Francisco, a city where many in my I see looking back the transition was not
Office for six years. He then went into 19 in Alameda County Administration to start way back in the very beginning of why family court. We also discussed the past family live. I was also taking a pay raise as easy as I expected. I missed being an
civil litigation as a partner at the law firm Building. His trial schedule is 9:00am to you wanted to become a lawyer and then, year and how the court responded to the and it worked out well in retrospect. advocate. I went straight to criminal cases
Kaus, Kerr and Wagstaffe, where he 1:15pm Monday through Friday. ultimately, a judge. COVID-19 pandemic, and what she The San Francisco office was surpris- and had been a prosecutor for 14 years.
practiced a variety of civil litigation. In ACCTLA members describe Judge My dad was a lawyer and a judge,1 and I expects the future might hold. ingly different. The atmosphere was much When I began on the bench, I was caught
1990, he started a solo practice until he Kaus as “intelligent, fair, reads the briefs, didn’t see that I had any other discernible less competitive and I attribute that to a up in analyzing cases and thinking how I
joined Cooper, White & Cooper in 1993. and listens to reason” and “brilliant, easy- talents. Law seemed interesting and I liked Judge Douglas, if we can begin with your career couple factors. For one, there weren’t as would have done things differently. At
He remained at Cooper, White & Cooper going, insightful and highly skilled.” In Continued on page 10 before you were on the bench. It is interesting many long timers — instead, people would Continued on page 13
8 Spring 2021 The Verdict 9Continued from page 8 Perdue.3 Computers were just coming in The courts have been overburdened for a really were going to get the right screen views Judges stereotypically complain about right thing to do is to object to every
to argue. It was the 60s and the idea was and we had computers but a lot of other long time. Do you see any hope on the horizon so that the jurors would see the witness lawyers not being prepared; I haven’t question, although they are not objec-
that lawyers could accomplish things. lawyers didn’t, including the big firms. for court funding or has the impact of COVID and see exhibits, but we got that ironed generally found that. There are certainly tionable and the objections are all over-
Also, I decided I was too clumsy to be a This was a big advantage. You could been so overwhelming that it’s going to be hard out. There’s even an online program for some lawyers who are not used to being ruled. It becomes like background noise.
good doctor. generate a lot more work product than to overcome for a long time? uploading and introducing exhibits. in the courtroom and make some poor In the asbestos cases I’ve been trying
was possible with carbon paper and type- The courts are not adequately funded. choices or misstate things. But most lately, the lawyers are very good. They
When you came out of law school, you started writers. Funding was radically cut during the 2008 Have you had any problems with jurors, having lawyers that I’ve seen do a good job. fight very hard. There’s a lot of paper.
at the Contra Costa Public Defender’s Office? economic meltdown and I don’t think it’s the appropriate internet connection or access to Certainly, in the larger cases, the lawyers They’re very adamant, but when I make
Right, which was the job I wanted. I went Is there one case, either on civil or criminal, ever been restored. We now have four the internet to be able to view the trials and do a good job. Always, be honest and be a decision, they accept it, generally, and
to a program at law school where Ellen that kind of stands out in your mind as some- tenths of a research attorney per judge to everything they need to see? clear. You are unlikely to get away with that makes life easier. I mean, if some-
James and another lawyer spoke about thing that was really impactful for you? decide law and motion matters, including Not really. At the beginning of the trial, stretching facts or law beyond the break- body keeps coming back on a decision
being a public defender. They were both It’s hard to say one case. In one of my complicated summary judgments. We’re we had a questionnaire if the potential ing point. I made and trying to get me to undo it,
in Contra Costa, and that seemed like a favorites, my client was convicted of on our own in the trials, which is fine, but jurors had appropriate equipment to it is hard to move on and try the rest of
great opportunity. So, I decided to take criminal fraud and got sued by the people you can’t do that and then also properly participate. Almost all did. The attorneys I saw a quote from you. One of the things that the case. As for civility, rudeness is less
the civil service exam and I did well that he supposedly defrauded of millions. address 10 law and motion matters a week. have provided hot spots and Chromebooks was really important to you is to hear both sides common than the popular perception,
enough that I got hired. The same day I We won the civil case because the other It just can’t be done. So, we need resources, to those jurors who needed them. During and be polite and be fair. And I think that’s probably because lawyers are decent
“
was hired in Contra Costa, I received a which I don’t believe should come from the power outages last fall, some jurors exactly what everybody’s looking for in a judge. people and also because it generally is
letter from Marin saying my application filing fees. I remember Rose Bird gave a retreated to their cars and participated on When I’ve been in your courtroom, I’ve really counterproductive.
was not in the top 100, so I wouldn’t speech at a bar convention during the their phones. Our court attendant could appreciated the way you heard both sides out
There were a few hiccups technologi-
even be considered. 1980s and said that it was wrong to expect look at the jurors and spot any problems, and really were attentive. And you know, it As busy as you are, you probably don’t have
cally, but now I think they’re largely litigants to fund the courts. Federal Courts but I thought they were at least as atten- always felt like you were really trying to make time for a whole lot else, but I wanted to know,
And you got a lot of trial time during your smoothed out. We’re learning how to don’t do that. tive as they are at a live trial, and in some the right call. And I always appreciated that. who is Judge Kaus outside of the courtroom?
time as a Public Defender? I think we’ve done as well as possible ways have a better view. We also had fewer And I was wondering if you think attorneys I have two children in their 20s, so we’re
put the jurors in the right boxes on
Enough. I wasn’t anything like the biggest with COVID. We’re very fortunate that hardship requests, partly because no one need to treat each other with more civility and empty nesters. I used to go to the gym
trial horse in the office, but I had about the screen and once we got going, the Judge Desautels is the presiding judge could travel. professionalism? pretty much every morning. Then I started
7 felony trials and 25 misdemeanor trials, technology was not the problem. because she is just the right person. She’s I think we’re going to end up imple- I appreciate your view. But there are also riding my bicycle outside when the gym
so I got comfortable in the courtroom. extremely detail oriented, hardworking menting parts of this even after COVID. some comments online that sitting closed and managed to go over the handle-
The lawyers I worked with are still some and devoted to keeping the courts as open For example, in these asbestos cases, there through my law and motion calendar is bars and break both elbows. So now I have
of my best friends, so it was a great job. side wouldn’t answer the discovery we as possible. This is not what she signed are witnesses from back east. They take “physically painful.” Different strokes. I a Peloton, which my wife told me to get
propounded. Jack Palladino, who was just up for! We’re doing criminal trials live. three days coming here and going back. try to run a comfortable courtroom. I in the first place. I enjoy cooking, I enjoy
And then you left the public defender’s office to tragically murdered, did some key inves- They use masks and everybody is spread But now I don’t see why they can’t testify didn’t know what kind of judge I would gardening, both of which I got from my
go into private practice. Did you go into civil tigation on that one. out. It seems to work. In civil, we’re doing remotely if we have an adequate audio- be. I didn’t know if I was going to stay mother, and photography, which I have
law at that time and what kind of civil law trials completely on Zoom. The jurors visual setup. People are much more awake. I didn’t know if I was going to get done since grade school. I am a sports fan,
were you practicing? What is it that led you to want to throw your never leave their homes and the lawyers accustomed to viewing others on screens upset. My first trial, luckily, I had two particularly baseball.
It varied. We had a lot of cases that involved hat in to become a judge? and witnesses are all over the country. I’m now, sadly. experienced attorneys. It was a personal
insurance coverage and earth movement, Mainly, I really like law, but I was burned in my chambers. injury case with a couple of interesting A’s or Giants?
which was a hot issue at that time, especially out on the business of law. I was not good What’s your advice to civil attorneys practicing legal issues including some Howell damage A’s. I grew up in LA and I was a Dodger
after an amazing day of torrential rain on at marketing. I did not like arguing with And I wanted you to tell me about that because in your courtroom? issues, which shortly after that became fan even when they were in Brooklyn,
January 4, 1982. Until the Supreme Court partners over financial issues. Also, it was I know you at least started the asbestos Johnson There are trials, and then there’s everything the law. I was happy with it. The trial was because my father was. Then in 1958,
version of the Garvey2 case about concur- frustrating to have to gauge my work by and Johnson talc trial virtually. else. On motions, I value clear writing and smooth and it went well and then I was Duke Snider came to LA and I was ecstatic.
rent causation and negligence eliminated how much the client could afford. Now, There were a few hiccups technologically, lack of repetition. When something is just able to stay on top of it and make decisions Eventually, I became an Angels fan as a
our main legal theory, we were able to get kind of like when I was a public defender, but now I think they’re largely smoothed repeated, it confuses me because I try to that I thought were right. The lawyers kind of contrarian move and I kept that
first party coverage on landslides. I was I can do what is appropriate. There might out. We’re learning how to put the jurors figure out if it is a different point. I guess did a professional job of presenting the through the 70s even though I was up
working on some class actions on the be a case that’s a limited jurisdiction case in the right boxes on the screen and once lawyers think we miss it the first time. I case, so it went smoothly. here going to A’s and Giants games. When
plaintiff side, including a case that went and has an interesting legal issue. Within we got going, the technology was not the probably thought that as an attorney, but Most, but not all, trials have gone the Haas family bought the A’s and Billy
to the California Supreme Court called reason, I can do what it takes. problem. I was very nervous whether we I don’t think it is the case. well. Sometimes an attorney thinks the Ball happened, I decided they deserved
10 Spring 2021 The Verdict 11my fandom and I became an A’s fan. I would be because I want to resume — Jayme L. Walker is a Continued from page 9 I think it depends on the judge, and it respect that counsel have for each other.
would disqualify myself in any case involv- having a public political opinion. partner at Gwilliam, first you miss being an attorney and the depends on the issues. I will say that I felt Many attorneys know that judges hear
ing the Oakland A’s. Ivary, Chiosso, Cavalli & fact that you are calling the balls and comfortable in six months in certain areas stories about other counties, yet in Contra
Thankfully, Judge Kaus mentioned Brewer in Oakland and strikes. You have less influence in the like child custody hearings or 3044 pre- Costa County there is no issue because of
I saw you did some writing for The Huffington that he does not intend to leave the bench President of the Alameda outcome of the case, for example, what sumptions — all of that came very natural the high level of professionalism.
Post. I think your brother’s in journalism too. any time soon. Contra Costa County Trial Lawyers Association. counts to dismiss is the prosecutor’s job because of my experience as a prosecutor
Do you have an interest in that? Congratulations to Judge Kaus — She represents plaintiffs in employment, civil and what the plea deal will be, although and the ability to read people. My experi- Let’s transition and discuss COVID-19, and
Yes. I can’t explain my brother. I disagreed the Alameda County Trial Judge of the rights, and wrongful death, and personal injury as judge you have discretion over sentenc- ence picking jurors was useful and devel- how you felt when the drastic measures were
with a lot of things he said and emailed Year for 2021. It has truly been a chal- cases. ing. I realized when I started on the bench, oped my sense for reading people, which implemented in response to the pandemic. How
him constantly. He knew Arianna Huff- lenging year for trial lawyers and judges this is not my show. Somebody else is comes in handy. did you feel then and how do you feel now?
ington and got me a slot where I could alike, but Judge Kaus has helped to move 1
Judge Kaus’ father was Otto Kaus and was a California putting on the case and, as a judge, you There are other areas, however, that I felt very helpless because everything
Supreme Court Justice from 1981-1985.
blog instead of annoying him. I blogged cases along and presides over one of the are just making the calls. are so foreign to me I can truly say that I happened very quickly and there was not
2
Garvey v. State Farm Fire & Casualty Co., (1989) 48 Cal.
mainly about politics, law and baseball. few courtrooms in the Bay Area doing 3d 395. In addition, criminal law is very am still learning every day. Discovery is much communication at first. Now I feel
When I leave the bench, one of the reasons fully remote civil jury trials. u 3
Perdue v. Crocker National Bank, (1985) 38 Cal. 3d 913. statutory, so as a judge you feel as though an area that is unique and, in family law, we have it together and we have a plan.
you are not helping because the prosecu- you must know civil procedure well because Today, I just feel overworked, as many
tor is deciding how to manage the case. there is significant discovery in some cases. others do, but not helpless. Contra Costa
But when I transferred to family law, I On the other hand, domestic violence moved into action faster than most and
had a completely different experience… restraining orders crossed over to my we are managing things.
ACCTLA Diversity Mixer the opposite in fact. prosecutor background. When it comes
to custody cases and what is in the best Did you feel there was angst among the litigants
In regard to your assignment to family court, interest of the child, the family code lays and bar due to the lack of communication from
October 2, 2020
did you ever think in law school that you would out the factors to apply such that you can the court?
Special Thanks to Torres Law Group and JAMS, our Diversity Sponsor practice family law? What were some of the catch on quickly. Simply put, it is a formula. For the most part, I don’t think there has
early challenges presiding over an area of law been a problem, and the attorneys have
that were foreign to you? Is there a way to assist new judges who are been remarkable. I think the reason Contra
In law school, the one thing I said I will appointed to family court? Costa is doing so well is the open line of
never do is family law. I still stand by I am learning that this is where the lawyers communication between the bench and
that decision, because as a 26-year-old come in. They do discovery and have the bar. Certainly, there are things we
graduating from law school, I don’t know voluminous amounts at times, but they cannot communicate, but when we do and
if I would have had the maturity to deal must present their case in a way that makes do it often, it has made a difference. One
with the intense emotions you encounter sense to the judge. What I see at times, example is that we are now using electronic
on a daily basis in family cases. Now, however, is a voluminous amount of dis- binders. It’s new, but we also offered a
more than 20 years after graduating, I covery left for the judge to decipher. That training to the bar. We implement and we
do feel I have the maturity to handle is not the way to handle it. It must be provide training to the attorneys so it can
these cases with more life experience and properly presented by the lawyers for us be successful. This is one difference in
what comes with age. Unlike criminal to do our jobs well. Contra Costa that I appreciate as a judge.
law, there is a lot of discretion for the I think that is what stands out in Contra
judge in deciding cases. As a colleague On that topic, do you see only new attorneys Costa County that is possibly not happen-
once said to me, being in family law is making that mistake? ing in other counties.
the “truest form of judging.” I completely I see a strong mentoring and training
agree. program in the Contra Costa Bar and I was What are the new practices implemented during
pleasantly surprised that it does not appear COVID-19 that you now realize we should
What made the difference for you in the ability to be an issue with younger attorneys. The have implemented long before the pandemic?
to learn family law from the bench quickly, Bar does a great job of training new attor- I personally like the E binders while some
and how long did it take to feel comfortable in neys and we appreciate that on the bench. judges do not. I work from home on week-
that assignment? Another difference in family court is the ends and don’t have to lug a big binder
12 Spring 2021 The Verdict 13home. The appellate court has gone com- Did you find that San Francisco was ahead having adequate staffing for services pre-
pletely paperless. That happened quite a of the curve concerning the use of technology? viously provided is a big concern. It will
while ago, so we have to scan the entire I was surprised it was not more tech savvy not be the same, and more patience will u Current ACCTLA Sustaining Members u
file and exhibits, which is a lot of work. So at all in San Francisco and, of course, I be needed as things move slowly.
if this E binder will stay, it will be great for was working at the hall of justice, a place
MARY ALEXANDER CATHERINE HALEY LAW OFFICES OF PAUL L. REIN
appeals and less work for staff to handle. that if you plugged something in, the This seems similar to when we reopen gyms and
CASSIE SPRINGER AYENI Paul L. Rein
It is also cost effective for litigants to lights could go out. On the other hand, everyone goes running in and there are not MATTHEW D. HALEY
Aaron Clefton
have the court go paperless. They have to I hear Sacramento has installed huge enough treadmills, so people are pulling others RICHARD J. BASKIN HEINRICH LAW
make four copies of trial binders and they monitors in the courts for zoom hearings; off after 30 minute. Does this analogy apply R. LEWIS VAN BLOIS
BRADLEY BOWLES Marjorie Heinrich
can often be thousands of pages. I think meanwhile, we are still using computers. to what we can expect at court? Ethen Wimert TERESA LI
J. MICHAEL BROWN
the one thing that COVID did is it imme- The Sacramento judges can more easily That is a great analogy, and when we SUIZI LIN
MEGAN BURNS MICHAEL D. HERMAN
diately brought us into the 21st century see the litigants on the large screens and started to open last year, things trickled
JOHN E. HILL MAUNE, RAICHLE, HARTLEY,
— doing things we should have imple- yet I feel that Contra Costa County is in. But now, in our second year of COVID, CATHERINE CABALO
FRENCH & MUDD
mented a long time ago, and the attitude doing fine. But when we go to paperless firms are up and running in no time and JOSEPH W. CAMPBELL ALISON KARP Sarah Gilson
was “we will get to it” but we never did. files, we will have to get caught up. clients want things filed. So it is now a William F. Ruiz
STEPHEN H. CORNET CASEY KAUFMAN
I also think that having the ability to do fire hose instead of a trickle. Our resources
JONATHAN DAVIS KAZAN, McCLAIN, GUNTER MIHAESCU
remote hearings, not on court call, has Anything you would like to say to lawyers do not match what the need is right now.
made a huge difference in family court. regarding the impact of COVID-19, that you Again I will say, be patient. That is the A. CHARLES DELL’ARIO SATTERLEY & GREENWOOD O’DONNELL & SMITH
Steven Kazan James O’Donnell
Just looking at DCSS child support hear- want them to know since no one knows how issue I see now. It is a tsunami out there, DERBY, McGUINNESS
David McClain Sarah Smith
ings, the appearance rate has shot up. long we will work in this style? so be nice to your judges and staff. & GOLDSMITH
Joseph D. Satterley ANTHONY S. PETRU
Before the appearance rate was possibly Exercise some patience. Right now, lawyers My final thoughts concern the diffi- Steven L. Derby
Gordon Greenwood
65-70% and now it is likely 90%. It is are not seeing the staff and may forget cult job our court reporters now have with Celia McGuinness DAVID RATNER
Justin Bosl
interesting to think that there was a con- about them. The duties of the court clerks virtual appearances. It is very difficult to JESSICA DeWITT Denyse Clancy JOHN RICE
cern for litigants not having internet have gone up by 30-40% and they were transcribe remotely, and often we cannot Petra DeJesus
JENNIFER FIORE ELISE R. SANGUINETTI
service or devices to make remote appear- re-calendaring hundreds of cases as hear the litigants clearly. The lawyers Laurel Halbany
MICHAEL E. GATTO CARNEY R. SHEGERIAN
ances. But that turned out to not be an COVID began. There were mistakes of should be cognizant about the mic and John Langdoc
issue. For people who don’t have cars, they course, but lawyers need to realize they ensure it is working. Since family law GILLIN, JACOBSON, ELLIS, Toven Lim JOHN SCHREIBER
are also having an easier time appearing are doing more with less. Going forward, attorneys want a transcript, they should LARSEN & LUCEY Jessica Meltser RONALD J. SHINGLER
now since Martinez is not public trans- there will still be mistakes made so becom- put some thought into making a good Luke Ellis Martin Neira
Andrew R. Gillin Ted Pelletier SCOTT SUMNER
portation friendly. There are also people ing impatient is not helpful. record. Test out your equipment in advance
James Larsen Ian Rivamonte SHAWN TILLIS
who cannot miss work for court, and we I know we will get through this time of court. We know there are some head-
Kristin M. Lucey Henry Steinberg
have learned their supervisors will give but realize there are going to be more phones that cost $30, and they work well. JOSEPH TOMASIK
ROBERT GRAY Michael T. Stewart
them a break for 20 minutes to appear hiccups. Treat people courteously and Prepare in advance and it will go smoother DENISE TOP
Matthew Thiel
for court in a quiet place, and that is huge. know they are not going to get it perfect. for all of us. u REBECCA GREY
JoANN KINGSTON ROSEANN TORRES
The same is true for people with daycare Additionally, there are going to be more GWILLIAM, IVARY, CHIOSSO,
issues — they have found a way to secure bumps in the road that are based on — Roseann Torres is the MARK L. VENARDI
CAVALLI & BREWER ANOUSH LANCASTER
the time needed to appear remotely. budget concerns. Maintaining staff is owner of Torres Law Group J. Gary Gwilliam SHARON VINICK
SCOTT LANTRY
Overall, we are finding that showing going to be difficult. in Oakland since March Steven J. Brewer TODD WALBURG
up in person is more prohibitive than hav- In Contra Costa, we have five judicial 2004. The firm handles Randall E. Strauss LAW OFFICES OF LYLE C. CAVIN, Jr.
Lyle C. Cavin, Jr. ERIKA JACOBSEN WHITE
ing internet and devices. It works for most seats open — that is lot to be down at personal injury matters, Robert J. Schwartz
— not everyone — and it saves money. If once. Then consider we are also down and is uniquely positioned Jayme Walker Lia Marks JIM W. YU
the litigant is out of state, they do not have with staffing of each department. My with bilingual attorneys who speak Spanish
to fly, get a hotel and rental car. Litigants educated guess is we are down to just 80% along with all staff. Roseann previously worked Become a sustaining member and reap the benefits!
also save on attorney’s fees since there is of our normal staffing levels. I think right as a prosecutor in San Joaquin County and They include free admission to Judges’ Night and the What’s New in Tort & Trial seminar.
less travel time billed, and it seems more now what we are seeing is that we can Deputy County Counsel before opening her See page 2 for the Dues Notice or call Mariana Harris, 925.257.4214
people can actually afford lawyers now. open the courts in the near future, but own firm.
14 Spring 2021 The Verdict 15Hon. Rebecca C. Hardie decades. Now, there is more emphasis
on evidence-based practices and data
What pleases you the most about being a judge?
There are many great things about being
and litigants can seek redress. It is also
helpful for attorneys if a judge communi-
analysis in the practice of many areas a judge, but the best and most important cates her expectations in terms of briefings,
of the law — juvenile law, family law, aspect is the sense of providing justice submissions, and courtroom behavior.
guardianships, and in bail-setting/pre- by giving litigants their “day” in court
trial detention and sentencing in crimi- and rendering decisions based on the evi- Do you think our judicial system is adequately
nal cases. dence and the law without any regard explained to litigants? If not, whose responsi-
to outside pressure or obligation. Some bility is it to make the system more transparent?
How has your view of the practice of law changed decisions are more difficult than others The courts have a responsibility and vital
since you started practicing? because you know there will be significant role in educating about the judicial system
Because there is much more awareness ramifications for the person (or persons) and process and allowing access to the
about social justice issues and the need before you but, in the end, it is a great judicial system. Over the last several years,
for court access, the practice of law has sense when you render a decision after there has been a heightened awareness and
become critical to social change and giving careful consideration to the evi- emphasis on assisting self-represented
advancing the need for addressing issues dence and arguments by both (or all) litigants in navigating the complexities of
of racial justice and the needs of margin- sides in a matter. the court system. Although the public has
alized communities. some basic understanding of the criminal
What disappoints you the most about being a justice system, the issues addressed through
Is the view from the bench different from the judge? the court system are much broader,
by David Ratner
view as an advocate? If so, how? Sometimes it is difficult when the law does whether it’s a matter of caring for an elderly
The view from the bench is very different not permit a judge discretion in the parent, a loved one with a mental disorder,
than that of an advocate. The only stake decision-making for particular issues. stepping in to seek custody of a child,
Hon. Rebecca C. Hardie, the recently Judge Hardie is married to Sharon several years working as a probation you have in a case as a judicial officer is a Although discretion can lead to abuses, seeking recovery for the tortious conduct
appointed Presiding Judge of the Contra Bunzel, an attorney at O’Melveny and officer, to attend law school. reasoned and fair decision that is based discretion can also allow latitude to render of another, resolving an employment dis-
Costa Superior Court, sits in Department Meyers. They have two children. Thereafter, I worked as deputy district on the facts proven by the attorneys or a decision that is more “just” in certain pute, or seeking safe haven from a domes-
5. She was appointed to the bench by Judge Hardie was one of the few attorney and later as an Assistant U.S. litigants, and the law that applies to those circumstances, especially as it relates to tic violence situation or maintaining safe
former Governor Arnold Schwarzenegger openly gay judges appointed by Governor Attorney. Before my appointment to the facts. There is no sense of “losing” or sentencing issues in criminal cases. housing. Courts now offer extensive online
on February 18, 2010. Schwarzenegger. bench in 2010, I worked as in-house “winning” an issue or argument. As a and self-help resources. Local bar associa-
Judge Hardie earned her B.S. degree counsel at PG&E and, before leaving, was judge, there is no trailblazing, just follow- What can lawyers appearing in court do to tions and community programs have also
from Western Michigan University and Judge Hardie, tell us a little about your back- the director of tort litigation. Since being ing established trails and ensuring that make the judge’s job easier? taken on significant roles in educating the
her J.D. degree from the University of ground and why you came to California. on the bench, I have presided over crim- the parties have a fair opportunity to be Attorneys who come to hearings prepared public and providing links to essential
California Hastings College of Law. I am from the Midwest. Both of my inal matters and spent five years as a heard and the unbiased application of — with a good grasp on the facts relevant services for court users.
The judge began her legal career in parents were educators at Western juvenile judge, the last two as the Presid- the law. to the issue(s) to be decided and with cited
1992, working first as a deputy district Michigan University — my mother ing Juvenile Judge before becoming the authority for their positions — make a What are the most challenging aspects of serv-
attorney in Marin County. She then went taught social studies and founded the Assistant Presiding Judge. I became the What surprised you the most about sitting as judge’s job much easier. Hearings are more ing as Presiding Judge?
into private practice as an associate at women’s studies program, and my father Presiding Judge of the court in January a judge? productive for everyone involved when I have only just begun my tenure as the
Pansky, Markle and Drapiewiski. In 1994, was a voice teacher. I excelled in sports of 2021. Sitting as a judge is a vastly different role issues are presented in briefs in advance presiding judge, but given the pandemic,
she returned to the public sector as a and became an avid horsewoman at a than litigating cases and representing a of hearings. It is also helpful when the the most significant challenge thus far has
probation officer with the U.S. Probation young age. After graduating college with How has the practice of law changed since you party or a side as an advocate. A judge parties are able to remain respectful of been balancing the need to keep our courts
Office. a major in criminal justice, a group of started practicing? cannot advocate for any side and cannot one another even when they may be far open to the public, the tremendous respon-
In 1996 she accepted a position as an friends and I loaded a U-Haul and headed I believe there is much more awareness be driven by a “desired” outcome. I truly apart on the issues in a case. sibility of ensuring the safety of court
assistant U.S. attorney. She remained in to California in hopes of better jobs than today about the inequities that exist in enjoyed advocating a position and litigat- employees and court users, and the rights
that position for eight years. She then left what could be found in the Midwest at the justice system than there was when ing cases, but now as a judge I much What should judges do to make lawyers’ jobs of litigants in timely resolution of their
to join Pacific Gas and Electric (PG&E). that time. I worked at a group home for I was practicing law, not only in criminal prefer the role of an impartial arbiter of easier? cases. The COVID-19 pandemic has
Hardie rose through the ranks at PG&E, at-risk youth and later in both juvenile justice but civil justice as well. Social the facts and ensuring the law is applied Judges should always maintain a dignified upended “businesses as usual.” Our Court
ultimately becoming a director. and adult probation. I decided, after and racial inequities have existed for fairly and impartially. and respectful forum in which attorneys was one of the first in the state to close
16 Spring 2021 The Verdict 17down operations in March of 2020 as the There is still much work to be done to remote technology. It can provide more s
pandemic hit our community. We imple- serve marginalized communities but “access” for litigants who are employed,
mented new technology and offered most educating the public about the legal sys- tasked with providing care to dependents,
types of hearings remotely. In addition, tem and working toward more access helps or who have limited transportation;
we undertook safety precautions by sig- serve those who otherwise have been attorneys can appear in multiple “loca-
nificantly reducing the number of people unrecognized and underserved historically. tions” while utilizing Zoom, Bluejeans,
permitted in our courthouses, and man- There have been tremendous strides in or Courtcall, reducing costs otherwise
dated social distancing and facial masks expanding access to the judicial system. passed on to paying clients; and the pro-
at all times. We were able to resume court The recent events relating to systemic ceedings tend to run more efficiently
business in a relatively short timeframe, racism and social injustice have caused because people do not have shuffle
even conducting over 80 jury trials more awareness for the need to change through security checkpoints and in-and-
between May and December of 2020. and to the importance of this work. out of courtrooms.
When COVID-19 infection and death
rates spiked in December, we made the Why did you want to become a judge? What beneficial changes in the Contra Costa
difficult decision to suspend jury trials and I have spent most of my professional years County Superior Court have been either brought
limit physical access to our four court- in public service related to our justice about or accelerated by COVID-19?
houses. We have reviewed that decision system. I worked with at-risk youth in a As previously mentioned, moving much
several times since December, most group home setting, as a probation officer of the court business to remote platforms
recently on February 10, when we again for juveniles and adults, and as a prosecu- has allowed much greater court access to
extended the suspension and limited tor. I have a deep respect for our judicial attorneys and the community. For disad- P F Erika Jacobsen White
physical access until March 1. We have system, and becoming a judge was the vantaged communities, there is no longer New location . . . same commitment to fighting for justice!
consulted our county Health Services next logical step for continuing to serve the need to figure out how to get to and
several times over the last year and have and give back to the community. from a courthouse or having to choose
incorporated their suggestions and CDC between losing wages or jeopardizing
guidance in our court operations. How has COVID-19 changed our judicial system? employment because of time taken off
Our judicial system is not known for being from work in order to attend court pro-
Do you perceive that a difference exists between nimble and quick to adapt to change. The ceedings that would have previously taken
law and justice? If so, what can the judiciary pandemic tested judicial leaders to be hours (including transportation and end-
do to either eliminate or mitigate the differences? creative and to think “outside the box” in less waiting for a case to be called). u
If the law is applied equally to all, then finding ways to balance the safety of court
there is justice. However, there exists years personnel and the public, while also being — David Ratner is a
of inequity in the application of the law. mindful of constitutional and statutory founding partner of Ratner
Awareness and education is key in con- rights of litigants. The judicial system has Molineaux, LLP in Walnut
fronting the issue of equal justice for had to quickly change and incorporate Creek. The firm primarily
everyone. Laws have evolved over time technology that, although embraced by represents victims of sexual
and so must those who are part of the many in the private sector, was not utilized assault, sexual harassment,
justice system, whether in the role of police by the government or judicial system. gender, disability and other forms of discrimi-
officer, probation officer, prosecutor, nation. Before opening his California practice,
defense attorney or a judge. The judiciary What will the post COVID-19 new normal look David was managing partner of Morelli
must continue to reflect and educate itself like for Contra Costa County Superior Court? Ratner PLLC in New York, where he tried
and lead on the issue of equality and justice. I believe that remote hearings, via Zoom personal injury, medical malpractice, mass tort
or other platforms, will continue to be pharmaceutical cases and employment matters.
Do you think our (county, state, federal) judi- utilized by the Court and litigants well He is on the Board of Directors of the Contra
cial systems serve marginalized communities beyond the end of the pandemic. Judicial Costa County Bar Association and a member
adequately? If not, what can and should be officers and court users have discovered of the Labor and Employment and Senior
done to improve this? significant benefits gained by the use of Section leadership teams.
18 Spring 2021 The Verdict 19A fond look back...
ACCTLA Judges’ Nights Through the Years
Matt Sanguinetti, Kelly Balamuth
& Elise Sanguinetti
ACCTLA would like to thank our generous sponsors
for making this year’s Judges’ Night a success!
— DIAMOND SPONSORS —
ADR Services, Inc.
Doug Merritt and Kathleen Brice, Ringler Associates
Fiore Achermann
2004
Gillen, Jacobson, Ellis, Larsen & Lucey 2016
2010 Gwilliam, Ivary, Chiosso, Cavalli & Brewer Nick Casper, Dorian Peters & Suizi Lin
2019
Bill Gagen Haley Law
Elizabeth Arellano, Dan Cantrell, Scott Lantry,
Heinrich Law
Kim Campbell & Greg Abel
Joseph, Greenwald & Laake, P.A.
Judicate West
Kazan, McClain, Satterley & Greenwood
Law Offices of John E. Hill
Law Office of Michael E. Gatto, PC
Law Office of Suizi Lin 2002
Law Offices of Teresa Li, PC Lisa Rein, Hon. Thelton Henderson & Paul Rein
2009 2006
Maune, Raichle, Hartley, French & Mudd, LLC
Judge Judith Craddick & Lorin Blum Andy Schwartz, Judge Steve Austin & Peter Alfert
Physician Life Care Planning
Springer Ayeni
Stebner & Associates
The Tillis Law Firm
Van Blois & Associates
2015
Judge Gail Bereola, Olu Bereola, Cat Cabalo, Suizi Lin & Paul Rein — GOLD SPONSORS —
Casper, Meadows, Schwartz & Cook
Furtado, Jaspovice & Simons 2018 2007
2005 JAMS Judge Joyce Cram & Bryan Cram
Debbie Jimenez, Marianne Gagen, Rachel Margolis,
Justice Maria Rivera, Elaine Needham Law Offices of Lyle C. Cavin, Jr. & Associates Melissa Ignacio & Mike Markowitz
Steve Kazan, Sue Schechter, Joseph Satterley & Gordon Greenwood & Judge Winifred Smith Top Law
Charles Farnsworth, Judge Frank Roesch,
Alex Van Broek & Judge Brad Seligman
— SILVER SPONSORS —
Brady Law Group
Alan Charles Dell’Ario
Law Offices of John T. Schreiber
Peiffer, Wolf, Carr, Kane & Conway
Sumner Law
Torres Law Group
Veritext Legal Solutions 2019
2008 Whiting, Ross, Abel & Campbell, LLP Rachel Coen, Cassie Springer Ayeni
2019 2018
Gary Gwilliam & Hon. Bill Lockyer & Becky Peterson-Fisher
20 Spring 2021 The Verdict 21Hon. Tara Desautels
by Sarah Gilson
One might assume, seeing the confidence In fact, it was only in overcoming this they are fully connected to the case they
with which Presiding Judge Tara Desautels fear that Desautels discovered what even- are trying to make. While Desautels notes
approaches the many challenges of her tually became her path to the bench. that she has seen a variety of litigators
role, that she has always had this destiny Although speaking before an audience over the course of her career and, from a
in mind for herself. We have all known filled her with dread, the act of teaching judicial perspective, values the diverse
young gunners — youth who knew what and forging a one-on-one connection with styles of presentation across the Alameda
they wanted and were driven to achieve individuals felt both safe and rewarding. County bar, it is a simple fact that argu-
their goals, seemingly upon emerging from She found that she really enjoyed explain- ments made for the sake of speaking,
the womb. One might assume it takes ing her thoughts and opinions and, in entirely performative as versus connective,
being a young gunner to get to a bench return, learning from her individual simply sound less true. A jury comprised
of such distinction. In Judge Desautels’ exchanges with others. She made a con- of individuals who are each learning and
case, one would be wrong. scious and dedicated effort to apply this participating in a “conversation” will be
It was never an inevitability that the sense of connection when speaking before more engaged than a faceless crowd being
Honorable Tara Desautels would become her classmates, and thereby little by little spoken at.
Presiding Judge of Alameda County. If you fought through a fear she never imagined Many judges undoubtedly consider
knew her as a child, you might actually be she would overcome. So long as she remem- their profession a calling. In Desautels’
surprised by her life’s direction. Even into bered to connect with each person in her case, this was quite literal. Although she
her teens, she was painfully shy, with a audience, and imagined public speaking had transitioned from the District Attor-
crippling fear of public speaking. The as a process of teaching and learning, she ney’s office into private practice, Judge
thought of sitting before a crowd on a could bear it, and even enjoy it. Desautels was active in the broader legal
pedestal, all eyes and ears on her, would There are shades of this lesson to be community through her work with
have been abhorrent to the young woman. found in Judge Desautels’ work on the CALICO, an organization she speaks of
Even as a law student, still completely unsure bench. When asked what she appreciates with great pride, which assists children
of where her life would lead or even what most in litigators who have appeared who report abuse by providing a holistic,
she wanted out of a career, speaking in front before her, she says that it is essential they compassionate method to the investiga-
of her classmates remained a nightmare. believe in what they are arguing — that tion of those claims and the provision of
22 Spring 2021 The Verdict 23You can also read
