A Spotlight on SCBA Affiliates - Sacramento County Bar Association

July/August 2011 

www.sacbar.org 

SACRAMENTO 

COUNTY BAR 

ASSOCIATION 

MAGAZINE 

A <strong>Spotlight</strong> 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. 


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 


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 


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 


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 


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 


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 

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Law Library News 

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

<strong>Spotlight</strong> 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 


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 


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. 


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 


Affilate <strong>Spotlight</strong> 

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 



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 


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 


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 


Affiliate <strong>Spotlight</strong> 

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 


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 


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 



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- 


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. 


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- 


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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Insurance, Intellectual 

Property, Malpractice, 

Probate, Product Liability 

and Real Estate Disputes. 

Calendar and further 

information online at: 

www.malovoslaw.com. 


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 


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- 


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 


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 



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 


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. 


27


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 


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 


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. 


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 


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. 


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 


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 


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 


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

A Spotlight on SCBA Affiliates - Sacramento County Bar Association

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