Special section on judicial impartiality —pages 6–15

A F o r u m f o r t h e S t a t e J u d i c i a l B r a n c h Winter 2007

Protecting California’s Justice System

P r e s e r v i n g a n I m pa r t i a l J u d i c i a r y

t W o V i e ws 6 Politicizing America’s State Courts Roger K. Warren 7 Judicial Activism Threatens Independence James Bopp, Jr.

F e a t u r e s 16 The Next Six Years Modernizing the Judicial Branch Richard D. Huffman 19 CCMS Goes Live Vision Becomes Practical Reality Michael Roddy, Tamara Lynn Beard, and Alan Slater 23 Not My Parents’ Divorce Court A Rookie Judge Reflects Timothy B. Taylor

C o m m e n t a r y 26 Justice Portrayed Arthur Gilbert on respect for the past

36 In My View James M. Mize on committee service Learn About the New Strategic Plan for California Courts

A revised strategic plan, Justice in Focus, was adopted byPhase the JudicialII: Focus Groups Council and Interviews in December 2006.

Learn all about the history of the six-year strategic plan, the Trust and Confidence in the California Courts

assessment that shaped the plan, Phase II: Focus Groups and Interviews

and how this new vision will Trust and Confidence Trust and Confidence in the California Courts

2006Public Court Users and Judicial Branch Members affect thein themission California and direction Courts Talk About the California Courts of California’s judicial branch.

Commissioned by the Administrative Office of the Courts on behalf of the Judicial Council of California, December 2006. 2006Public Court Users and Judicial Branch Members The plan will guideTalk About the the priorities California Courts and work of the Judicial Council, its advisory committees, the appellate and trial courts, and the council’s staff agency, the Administrative Office of the Courts.

For more information, go to:

Commissionedwww.courtinfo.ca.gov/reference by the Administrative Office of the Courts on behalf of the Judicial Council of California, December 2006. /documents/strategic_plan_2006-2012.pdf California Courts R e v i e w • Winter 2007 Contents A F o r u m f o r t h e S t a t e J u d i c i a l B r a n c h

2 contributors 4 editor’s Note M e s s a g e F r o M t h e C h i e F J u s t i c e 4 new Session Brings New Opportunities ronald M. George, Chief Justice of California

s P e c i a l S e c t i o n

P r e s e r v i n g a n I m pa r t i a l J u d i c i a r y 48 t W o V i e ws 6 Politicizing America’s State Courts A judicial scholar analyzes the new politics of judicial elections. roger K. Warren, Scholar-in-Residence, Administrative Office of the Courts

7 Judicial Activism The attorney who represented the petitioners in Republican Party of  Minnesota v. White shares his views on judicial independence. James Bopp, Jr., Attorney at Law

6 7 H i g h l i g h t s 8 Summit of Judicial Leaders • November 2006

F e a t u r e s 16 the Next Six Years Courts and court users focus on access to justice in branch’s new strategic plan. richard D. Huffman, Associate Justice, Court of Appeal, Fourth Appellate District, Division One

23 19 ccmS Goes Live A vision of the future becomes practical reality. michael Roddy, Executive Officer, Superior Court of San Diego County  Tamara Lynn Beard, Executive Officer, Superior Court of Fresno County  Alan Slater, Chief Executive Officer, Superior Court of Orange County

23 this Is Not My Parents’ Divorce Court A rookie judge’s qualifications for the family law bench derive not just from study but from life itself. timothy B. Taylor, Judge, Superior Court of San Diego County

31 Contents

A F o r u m f o r t h e C o m m e n t a r y S t a t e J u d i c i a l B r a n c h J u s t i c e P o r t r a y e d 26 the Overlooked Value of the Past Editorial Board The human story portrayed in literature offers insight for present-day judges. Hon. Paul Boland Associate Justice of the Court of Arthur Gilbert, Presiding Justice, Court of Appeal, Second  Appeal, Second Appellate District, Appellate District, Division Six Division Eight I n M y v i e w Hon. Lynn Duryee 36 no Judge Is an Island Presiding Judge of the Superior Court Opportunities abound for judges who get involved. of California, County of Marin James M. Mize, Assistant Presiding Judge, Superior Court  of Sacramento County Hon. Donna J. Hitchens Judge of the Superior Court of California, County of San Francisco D e pa r t m e n t s

Hon. Douglas P. Miller C r i m e & P u n i s h m e n t Associate Justice of the Court of 28 the Perfect Storm Appeal, Fourth Appellate District, Legislation and a voter initiative get tough on sex offenders but Division Two differ in the details. Alex Ricciardulli, Judge, Superior Court of Los Angeles County Ms. Tamara Lynn Beard Executive Officer of the Superior C o u r t B r i e f s Court of California, County of Fresno 31 news From Around the State Ms. Tressa S. Kentner Executive Officer of the Superior Court of California, County of San Bernardino

Mr. Ronald G. Overholt Chief Deputy Director Administrative Office of the Courts Contributors

Mr. Rex S. Heinke Attorney at Law R o g e r K . W a r r e n (Politicizing America’s State Courts, page 6) is scholar-in-residence This publication is also available on at the Administrative Office of the Courts and a former president the California Courts Web site: and chief executive officer of the National Center for State Courts www.courtinfo.ca.gov/reference (1996–2004). Before joining the NCSC, he served for 20 years in the trial courts of Sacramento County and was presiding judge of ISSN 1556-0872 the superior court in 1992 and 1993. J a m e s B o pp, J r . (Judicial Activism, page 7) is an attorney with the Indiana firm Bopp, Coleson & Bostrom, whose practice emphasizes biomedi- cal and ethical issues, not-for-profit corporate and tax law, and campaign finance and election law. He represented the petition- ers before the U.S. Supreme Court in Republican Party of Min- nesota v. White, discussed in this issue.

 C a l i f o r n i a C o u r t s r e v i e w Contributors R i c h a r d D . H u ff m a n (The Next Six Years, page 16) is an associate justice of the Court of Appeal, Fourth Appellate District, Division One, in San Diego, and Winter 2007 chair of the Judicial Council’s Executive and Planning Committee. He served in the Superior Court of San Diego County from 1985 to 1988. Justice Huffman has been an adjunct professor at the Uni- versity of San Diego School of Law since 1972 . California Courts Review is published quarterly by the Judicial Council of California, Administrative M i c h a e l R o d d y Office of the Courts. We welcome (CCMS Goes Live, page 19) began his court career in 1980 and was ideas and suggestions for articles appointed executive officer of the Superior Court of San Diego about California’s judicial branch. County in 2006. A former president of the California Association of Trial Court Administrators, he has served on numerous Judicial Views expressed in California Council task forces and advisory committees and won the coun- Courts Review are those of the cil’s Judicial Administration Award in 2001. authors and not necessarily those of the Judicial Council or the t A m a r a Ly n n B e a r d Administrative Office of the Courts. (CCMS Goes Live, page 19), executive officer of the Superior Court of Fresno County, has successfully implemented several programs designed to increase public access to the courts. She received the Judicial Council’s Judicial Administration Award Editorial and circulation: in 2002 and has actively served on many court-related, com- 455 Golden Gate Avenue munity, and Judicial Council committees. San Francisco, CA 94102-3688 415-865-7740 A l a n S l a t e r E-mail: [email protected] (CCMS Goes Live, page 19) is chief executive officer of the Supe- rior Court of Orange County. He has served as faculty for profes- Copyright © 2007 by sional training programs at the University of Southern California, Judicial Council of California/ National Conference of State Bar Presidents, National Judicial Administrative Office of the Courts College, AOC’s Education Division/Center for Judicial Education and Research, and National Association for Court Management. Editorial Staff T i m o t h y B . t A y l o r (This Is Not My Parents’ Divorce Court, page 23) was appointed Managing Editor to the Superior Court of San Diego County in 2005. He previ- Philip Carrizosa ously was in private practice with the San Diego County firm of Sheppard, Mullin, Richter & Hampton. Contributing Editor Blaine Corren

Copy Editors A r t h u r G i l b e r t Lura Dymond (The Overlooked Value of the Past, page 26) is presiding justice Fran Haselsteiner of the Court of Appeal, Second Appellate District, Division Six, Christine Miklas in Ventura. He served in the Los Angeles County courts from Jill Whelchel 1975 to 1982. Justice Gilbert has authored numerous publica- tions and has served as faculty for the AOC’s Education Division/ Design and Production CJER. Suzanne Bean J a m e s M . M i z e Elaine Holland (No Judge Is An Island, page 36) is the assistant presiding judge of the Superior Court of Sacramento County and a past-president ■ of the California Judges Association. He received the first annual Humanitarian award from the Sacramento City Bar Association. Printed on recycled and He has served as faculty for Continuing Education of the Bar and recyclable paper the AOC’s Education Division/CJER.

W i n t e r  0 0 7  E dit o r ’ s M essage f r o m N o te t h e C h ie f J u stice

During the Summit of Judicial Lead- ers in November 2006, one of the most understated but dramatic moments came when Indiana attorney James Bopp, Jr., presented his forceful argument in favor of elections for judges and allowing voters to consider a judge’s activism in casting their ballots. Bopp, who persuaded the U.S. Supreme Court in Republican Party of Minnesota v. White to allow judges to announce their views on disputed legal and political issues, held up a book he had read on the New Session airplane on his way to the San Francisco meeting. Brings New “This is the problem!” Bopp told attendees. Bopp’s exhibit A was former Justice Joseph R. Opportunities Grodin’s 1989 book In Pursuit of Justice: Reflections of a State Supreme Court Justice. Grodin, as many recall, had his judicial career cut short in 1986 he 2007–2008 Legislative Session will bring fresh when he and Chief Justice Rose Elizabeth Bird and Topportunities to forge strong working relation- fellow Justice Cruz Reynoso were defeated in a ships with new legislators and to continue efforts highly publicized retention election that focused with returning members to build support for a fair, primarily on Bird’s nearly unvarying votes against effective, impartial, and accessible judicial branch. About one-third of our state’s legislators left the death penalty from 1977 to 1986. ­office in November 2006 because of term limits. In In his thoughtful book, Grodin follows in the the 40-member Senate, 12 were termed out, and steps of his brilliant mentor, the late Justice Mathew in the 80-member Assembly, 28 individuals were O. Tobriner, and—just as forcefully as Bopp does to termed out and a total of 36 new Assembly mem- the contrary—argues that judges do indeed have an bers were elected. As legislators and legislative important role to play in making law, primarily when staff in the Capitol and in district offices turn over interpreting the U.S. Constitution. Particularly when in large numbers, they will take with them insti- it comes to generally phrased statements of rights tutional knowledge about the courts and the con- and where no clearly applicable precedent exists, stituents we mutually serve. At the same time, the much of constitutional adjudication “is ultimately number of lawyers in the Legislature has continued quite subjective, calling for the exercise of greater its downward trend. As a result, there is an urgent discretion on the part of the judge than is typical of need for our branch and our justice system part- ners to help educate new legislators and incoming statutory interpretation. Discretion is not unlimited, staff about the importance to the public of a strong however; it is simply very broad,” Grodin writes. court system and what California’s judicial branch That philosophy, according to Bopp, is why needs to administer justice effectively for our state. many people are concerned about the judiciary, Each year, the Judicial Council sponsors legis- and to the extent they feel that judges are basing lation that supports key council objectives. In the decisions on personal beliefs rather than simply 2007–2008 Legislative Session, the council will applying the law, there will be attacks on the ju- renew several of its critical legislative proposals, diciary. The solution, Bopp says, is for judges to be including new judgeships, subordinate judicial restrained and not activist, even when it comes to officer (SJO) conversions, reform of the judges’ deciding constitutional cases. retirement systems, and facilitating the continu- Who is right may be for history to decide, but ing transfer of court facilities from the counties to in this issue of California Courts Review, we present the state. These measures are aimed at enhancing equal access to fair and impartial justice, ensuring a special section on the various aspects of this the necessary judicial resources to provide service ­issue. We hope you find it thoughtful and useful to the people of California, and attracting to the in your dialogues and debates on the matter. bench and retaining highly qualified, diverse, and —Philip Carrizosa experienced individuals from all areas of legal Managing Editor practice and all parts of the state.

 C a l i f o r n i a C o u r t s r e v i e w Chief Justice Ronald M. George s addresses the de Summit of Judicial Ea Leaders in San ey ll Francisco last

She November.

At its December 2006 meeting, the sources that have occurred as a result represented litigants, including adding council acted on specific proposals for of the failure to add new judgeships more self-help centers and exploring sponsored legislation in 2007 that build during years of significant population the potential for appointing counsel in on these goals. In 2006, after intense growth. certain categories of civil cases. negotiations, the Legislature enacted California’s trial court facilities have The courts must be able to attract Senate Bill 56 (Dunn), which created critical life safety, operational, and secu- and retain the highest caliber judicial 50 new judgeships in the trial courts. rity deficiencies that can be addressed officers to serve the public. The two-tier The new positions were allocated based in a cost-effective way only through a Judges’ Retirement System (JRS) and on need. They will help provide critical statewide capital outlay program. The Judges’ Retirement System II (JRS II) relief in 20 trial courts, but there remains council continues to seek ways to im- must be modified to provide stronger a crucial need to secure legislative ap- prove the court facility transfer process incentives for more recent appointees proval of the additional 100 new judge- and to provide additional flexibility to the bench to remain in service, while ships that the council initially approved where possible. Uniting responsibility at the same time ensuring that judges in 2004 based on studies of workload for court operations and facilities man- are not forced to serve longer than they and population growth across the state. agement increases the judicial branch’s are healthy and fit for service in order to The council authorized moving for- fiscal and administrative accountability. secure adequate retirement benefits. ward with legislation to create 100 new In 2007, the council will sponsor legisla- During the 10 years that I have served judgeships, 50 in 2007–2008 and 50 in tion to further address facilities transfer as Chief Justice, legislation has been a 2008–2009. The judgeship initiative also and funding issues. key ingredient in many of the significant will include the most critically needed Lack of interpreter services jeopar- strides we have made to improve the appellate judgeships. dizes the courts’ ability to determine administration of justice in our state. The council long has maintained cases and may have substantial conse- The progress we have achieved as an in- that converting SJO positions to judge- quences for litigants in civil as well as dependent, accountable, and co-equal ships in courts that use SJOs as tempo- criminal cases. In the civil arena, partic- branch of government, combined with rary judges will further public trust and ularly family law, litigants’ language and improved cooperation with our sister confidence in the court system. This comprehension problems are exacer- branches, has resulted in enhanced op- proposal will help ensure that judges bated by the circumstance that many of portunities to better serve the public. who are accountable to the public are those who require interpreter services The legislative measures outlined above available to preside over significant are not represented by counsel. Access represent the next steps in our focus cases. The council again has endorsed to a system in a language one cannot on strengthening our branch’s ability a measure that will allow the courts understand is not meaningful access. to fulfill its role in our state’s system to move toward an appropriate mix of Legislation is being pursued to provide of government. I look forward to your judgeships and SJO positions within for court interpreters in certain civil support as we move ahead with these their judicial officer pools. The- pro matters to help ensure true access to initiatives and continue our mission to posed conversions will complement justice. The council will continue to pur- provide fair and accessible justice for all the proposed new judgeships by help- sue resources to enable us to improve Californians. ing to correct imbalances in judicial re- a variety of services provided to self-

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Politicizing America’s State Courts Critical Challenges Facing the Judiciary

To d a y judges and the special rules that insulate them from politics are under political attack. State judicial elections have become increasingly like elections for political office: expensive, contentious, partisan, political, and dominated by special interests. Judicial elections today present four critical By challenges to the ability of elected state Roger K. Warren judges to fairly and impartially uphold the rule of law. These challenges have taken

many other state judiciaries by surprise. Justice for Sale The first critical challenge is the ever- Unless the California bench and bar rising tide of campaign spending, tele- vision advertising, and special interests. devote conscientious attention to them, Electing state court judges attuned to a particular special interest or ideology, there is little reason to believe that and defeating those not so attuned, is increasingly viewed by political parties these same challenges will not and special interests as politics—and s

business—as usual. Reaching voters with de also overrun the judiciary a cleverly crafted political advertise- Ea ey

ment usually requires television time, ll

of California. Continued on page 9 She

 C a l i f o r n i a C o u r t s r e v i e w P rS epecial s e rv i n g A n I mpasectir t i al J uo d in c i ary T w o V ie w s

Judicial Activism

Gravest Threat to Judicial Independence

For litigants to obtain the justice to which they are entitled, judicial independence is vital. Increasingly that independence is threatened. In my view, the threat comes from judicial activism. However, some commentators on this issue consider judicial elections to be the biggest threat to that independence By James Bopp, Jr. and have advocated steps to move away from elections. Short of that, they argue that judicial elections are so different

establishment that judicial elections are that judicial campaigns can and should categorically different in such a way that the First Amendment does not have full be severely limited. I believe that judicial application to them, this issue was set- tled by the United States Supreme Court elections are different. Despite the in Republican Party of Minnesota v. 1

ni White, where it held that the states can- near unanimous opinions of state not prohibit judicial candidates from otto announcing their views on disputed supreme courts, the American legal and political issues. Moreover, /Judi B the breadth of the White opinion now Bar Association, and the oto has been reflected in the decisions of

AP Ph Continued on page 13 judicial

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s u mmit o f j u dicial L eade r s • N o vem b e r 2 0 0 6

Summit Focuses on Judicial Elections More than 300 state court leaders gathered in San Francisco on November 1–3 to examine the challenges facing America’s state courts from recent developments in judicial elections and in- creased attacks against judges by political and special interests. The summit featured several guest speakers, including retired U.S. Supreme Court Justice Sandra Day O’Connor and Professor Kenneth R. Feinberg, the special master and administrator of the federal September 11th Victim Compensation Fund. Sponsored by the Judicial Council of California, the summit also took an in-depth look at disaster planning and recovery. Speakers from New York and Louisiana described their firsthand experiences.

Among the speakers were (clockwise from top) retired U.S. Supreme Court Justice Sandra Day O’Connor; Professor Kenneth R. Feinberg of the federal September 11th Victim Compensation Fund; William C. Vickrey, Administrative Director of the Courts; and Chief Justice Ronald M. George. s de Ea ey

More highlights of the summit can be found on pages 10 and 15. ll She

 C a l i f o r n i a C o u r t s r e v i e w P r e s e rv i n g A n I mpar t i al J u d i c i ary

Politicizing butions to political action committees appeared in 10 of the 11 states with (PACs), political parties, and other in- contested supreme court elections. America’s State dependent third parties. The sources of Special-interest groups and political Courts contributions to “independent” groups parties pay for almost 90 percent of the Continued from page 6 are typically not subject to disclosure, attack ads. In 2006, 95 percent of third- concealing the involvement of special party spending on TV ads came from and television time is very expensive. interests from the voters. business groups. Candidates airing So it takes money to be successful. the most ads usually win; the amounts Consider that: The Cost of TV Ads spent on ads supporting the victors are Fueling the rising cost of judicial elec- double the amounts spent on ads sup- • Campaign contributions to can- tion campaigns is the high cost of tele- porting the losing candidates. didates for state supreme courts vision advertising. In 2004, television A 2002 survey of state judges revealed increased more than 750 percent ads appeared in four times as many that 58 percent of elected judges felt un- between 1990 and 2004. states as in 2000 at more than two der pressure to raise money for their • Candidate fundraising broke re- and a half times the cost. In 2006, ads campaigns; half of those judges felt they cords in 19 states in 2000 and 2004 and in at least four more states in the recent 2006 elections. Judges on Trial • Successful supreme court candi- November 2006 Ballot Results dates now sometimes raise more money than many gubernatorial or Here are the results of key elections affecting judges on the November 2006 ballot. U.S. Senate candidates. Although all the proposed measures failed, the election marked the first time so many measures challenged the authority of judges. • The three candidates for Alabama chief justice in 2006 reported a com- California bined $6.7 million in campaign con- Proposition 90 Would have required a jury, not a judge, tributions. to determine in eminent domain cases • The candidates raising the most whether the taking of private property was FAILED money have won more than 80 per- for a public use and would have prohibited 52.2% cent of recent races. “unpublished” opinions in eminent domain ­opposed cases. • More than three-quarters of cam- paign contributions come from po- Colorado litical parties and special interests: Amendment 40 Would have limited judges of the Colo- the business community, lawyers, rado Court of Appeals and justices of the and labor organizations. Supreme Court to a maximum term of 10 FAILED years. 53.6% • The U.S. Chamber of Commerce ­opposed spent an estimated $50 million on judicial races between 1998 and Oregon 2004. Measure 40 Would have required Oregon Supreme Court • The business community claimed justices and Court of Appeals judges to be elected by district rather than statewide. FAILED victory in 12 of the 13 state supreme 55% court races that it targeted in 2004. opposed Limits Easily Evaded South Dakota Although contributions to judicial Amendment E Would have eliminated judicial immunity, candidates are subject to prescribed permitted civil actions against judges and limits in many states, those limits have all others covered by judicial immunity, cre- FAILED proven largely ineffective. Contribu- ated a special grand jury with power to re- 89% tion limits typically do not prevent or- move judicial immunity and criminally indict ­opposed ganizations from contributing through and appoint a special trial jury to conduct their employees and other related in- subsequent criminal trials. dividuals and entities. The limits can also be easily evaded through contri-

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were under “a great deal” of pressure. s summit of judicial Leaders • November 2006 de

More important, 32 percent said they Ea felt contributions had some or a great ey deal of influence on judges’ decisions. O’Connor’s Second Thoughts ll A recent examination of the Ohio She Supreme Court found that the justices Retired Supreme Court Justice Sandra Day O’Connor provided ruled in favor of their contributors 70 one of the most surprising remarks at November’s Summit of percent of the time. One justice voted Judicial Leaders. in favor of his contributors 91 percent In her closing-day luncheon remarks, Justice O’Connor said she has become of the time. One campaign fundraiser increasingly concerned about the challenges facing judges, lawyers, and court confided, “I always knew you could buy the executive and legislative branches. administrators in preserving a fair and impartial judiciary. But I never thought you could buy the “The level of unhappiness with judges today is at a very intense level. We judiciary, and that’s what really trou- hear the criticisms in the halls of Congress, in state legislatures, and from the bles me.” Justices rarely recuse them- public as well,” she said. selves on the basis of a party’s prior The retired justice then alluded to the Supreme Court’s decision in Repub- contributions. “It’s pretty hard in big- lican Party of Minnesota v. White (2002) 536 U.S. 765, which struck down a money races not to take care of your friends,” one retired chief justice has state ethics canon that prohibited judicial candidates from “announcing his acknowledged. “It’s very hard not to or her views on disputed legal or political issues.” Lower federal courts have dance with the one who brung you.” expanded the reach of White significantly, ushering in a new era of politics in judicial elections. Public Trust Undermined O’Connor was a part of the 5–4 majority in White and said she normally Campaign contributions also under- never looks back at her decisions. mine the public’s trust in the impar- tiality of the judiciary. A 2004 national “I made it a policy as a judge to do the best I could with each case I had to public opinion survey found that 71 decide, then make a decision, then not look back. Do the best you can and go percent believe that judicial campaign forward. Don’t second-guess,” O’Connor told attendees. contributions affect judges’ decisions “But that White case, I confess, does give me pause.” in the courtroom. As a New York Times She commented that the Supreme Court may revisit the question to “flesh editorial recently concluded, “There is out the issues.” no perfect way to choose a judge. But to undermine the whole purpose of the court system by allowing special inter- ests to buy judgeships, or at least try to, statehouse.” One spokesperson for the Politicians and political parties reg- is the worst system of all.”1 business community thinks it’s more ularly attack judges as a means of incit- than a game: “We’ve declared war on ing their respective political bases. “A Attacking Judges judges who aren’t doing their duty,” he good fight on judges does nothing but The second critical challenge to -judi said. A spokesperson for a state build- energize our base,” said Republican cial impartiality arises from disagree- ing industry group said that state court Senator John Thune of South Dakota. ment with judicial decisions and takes justices “must answer for their actions.” Even the Wall Street Journal recently the form of political attacks on judges “Facing the retribution of voters is the editorialized that a judicial “filibuster and courts. Such attacks certainly key component to keeping justices in fight would be exactly the sort of politi- aren’t new. Yet even judged by a his- check,” she commented. cal battle Republicans need to energize torical standard, the intensity, breadth, Religious conservatives have been par- conservative voters after their recent and nature of current attacks seem ticularly active in attacking judges on is- months of despond.”2 Indiana Chief unprecedented. Attacks on state judges sues such as school prayer, abortion, and Justice Randall Shepard has observed come not only from politicians and po- gay marriage. Colorado evangelist James that in many instances “judges are not litical parties but also from the special- Dobson compared the wrongs commit- the target at all” but “just roadkill for ­interest groups that often constitute ted by black-robed judges with those of some other venture.” their political base. Special-interest white-robed members of the Ku Klux Attacking judges has been lucrative groups have increasingly come to view Klan. Evangelist Pat Robertson claimed for special interests as well. In April the judiciary, in the words of one such that “liberal judges” pose a more serious 2004, for example, Dobson formed a group, as something “to be gamed and threat to America “than a few bearded new PAC to support various political captured—just like Congress or the terrorists who fly into buildings.” issues and attacks on judges. In its first

10 C a l i f o r n i a C o u r t s r e v i e w P r e s e rv i n g A n I mpar t i al J u d i c i ary

six months—the period leading up to however, restrictions on political activ- At least four recent federal district the November 2004 elections—the ities of judicial candidates have been court opinions arise from such ques- new PAC raised $8.8 million. found unconstitutional by the federal tionnaires and reach similar results. In We are also witnessing increasing at- courts. The result is a new politics of Kentucky, North Dakota, Alaska, and tacks on the courts themselves and ef- judicial elections. Kansas a right-to-life or other group forts to drastically change state judicial The leading case is Republican Party distributed questionnaires to judges selection processes to subject judges to of Minnesota v. White, in which the U.S. seeking their views on controversial is- greater popular and political control. Supreme Court found that a Minnesota sues. When judges declined to answer, There are initiative efforts to replace canon prohibiting a candidate from citing the “pledges and promises,” judicial appointments with contested “announcing his or her views on dis- “commitments,” and “recusal” canons elections in some states and legislative puted legal or political issues” violated of their state ethics codes, the groups efforts to require senate confirmation of a candidate’s freedom of speech.3 filed suits claiming the three provisions gubernatorial appointments and recon- Four months after White, the Elev- were unconstitutional under White. firmation upon every new term of of- enth Circuit held sua sponte in Weaver The four federal district courts all held fice. Such efforts span the country. Bills v. Bonner4 that a Georgia canon prohib- that the first two challenged provisions have been introduced in the Georgia iting judicial candidates from person- were unconstitutional under White.5 Legislature to return to partisan judicial ally soliciting campaign contributions The courts upheld the states’ recusal elections. In at least three states, consti- was unconstitutional under the reason- provisions requiring a judge to disqual- tutional initiatives appeared on the fall ing of White. Although Justice Antonin ify himself or herself in a proceeding in 2006 ballot that sought to place checks Scalia’s opinion in White had carefully which the judge’s impartiality might rea- on judges. A Colorado initiative sought observed that “we neither assert nor im- sonably be questioned. All four courts to expand the state’s term limits to cover ply that the First Amendment requires made clear that their decisions did not appellate justices, and an Oregon ini- campaigns for judicial office to sound require judges to answer such ques- tiative would have required appellate the same as those for legislative office,” tionnaires, and one court said that “a judges to be elected in the districts in the Weaver opinion flatly asserted that judicial candidate who responds to a sur- which they reside. One of the most well “the distinction between judicial elec- vey . . . may indeed create a serious ethi- publicized sought to essentially abol- tions and other types of elections has cal dilemma for himself or herself that ish the doctrine of judicial immunity. been greatly exaggerated, and we do would require recusal at a later date.” The J.A.I.L.4Judges (Judicial Account- not believe that the distinction, if there As construed by the lower federal ability Initiative Law) initiative on the truly is one, justifies greater restrictions courts, White has introduced a new November 2006 South Dakota ballot on speech during judicial campaigns brand of politics into judicial elec- would have created a special grand jury than during other types of campaigns.” tions—treating candidates for judicial with jurisdiction to determine the ap- The impact of this expansive read- office like politicians running for politi- plicability of judicial immunity, to in- ing of White on judicial elections was cal office—that threatens to undermine dict, and to impanel a special trial jury immediate. Supreme court candidates judicial independence and judicial to adjudicate and sentence offending blatantly announced their views on restraint while providing only illusory judges. Only an active and well-funded abortion, gun possession, right to life, public benefit. To avoid electoral - op campaign against the initiative resulted gay marriage, and other disputed legal position or obtain electoral support, in its overwhelming defeat. (See “Judges and political issues. One candidate for judicial candidates are pressured to on Trial,” page 9.) state chief justice in 2006 announced express personal views that are an im- that “state supreme court judges should proper basis of judicial decision in the Forcing Judges to Take not follow obviously wrong [U.S. Su- first place and irrelevant to any issue Positions preme Court] decisions simply because in the vast majority of cases. In those A recent development constitutes the they are precedents.” Another supreme cases in which a judge’s previously third critical challenge facing fair and court candidate said that judicial can- stated views are relevant the judge may impartial judiciaries: judicial candi- didates who failed to disclose their very well be required to recuse. Having dates are now free to—and pressured personal views were “cowardly.” obtained election to office on the -ba to — announce their views on hot- Once judicial candidates were free sis of the previous announcement, the ­button social and political issues. State to express their views on legal and judge might reasonably be expected codes of judicial conduct generally ad- political issues, elected judges were to now feel some pressure to keep the monish candidates for judicial office immediately pressured by special in- earlier “promise” or “commitment.” to refrain from political activity that is terests to do so, principally through The judge’s recusal in turn deprives inconsistent with upholding the integ- distribution of questionnaires eliciting those voters and special interests who rity, independence, and impartiality of their views on issues of concern to the relied on the judge’s earlier announce- the judiciary. Over the last four years, particular special interest. ment of the entire consideration for

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which they provided their electoral Of course, no system of judicial selec- or people’s individual rights in the face of support. It is difficult to imagine a -ju tion or removal is totally devoid of politi- any concerted political resistance. dicial election process more likely to cal implications. The special challenge These challenges pose significant destroy public trust in the proper role presented by judicial elections, however, risks—to elected state judiciaries in of an elected judiciary. is the usual absence of any impartial pro- general and to the California judiciary cess for screening the suitability of can- in particular—that are not going to go Partisan Politics in didates or for communicating relevant away. The California court system is Judicial Elections and unbiased information about the not immune from these dangers. These The final critical challenge is the threat- candidates to voters. Moreover, the use challenges to the ability of the California ened increase of partisan involvement of elections for the purpose of judicial judicial branch to administer justice to in nonpartisan judicial elections. The removal greatly compounds the chal- all fairly and impartially are real and are United States has consistently sought lenge because removal of sitting judges presently upon us. It is time for the lead- from the very beginning of the republic presents much greater and more direct ership of the California bench and bar to to insulate state judges from improper risks to judicial independence than the confront this reality and determine what political influence. First, through life- selection of new judges. Contested ju- it can do to stem the tide in California. time appointments (in most of the orig- dicial elections involving incumbent inal 13 states), then in the 19th century officeholders thus present the greatest Roger K. Warren is currently scholar-in- through popular election under spe- challenge to the ability of the judicial ­residence at the Administrative Office of cial rules unique to judges (including branch to attract and retain qualified the Courts, a former president and chief longer terms of office), and later in the judges and, at the same time, protect the executive officer of the National Center 20th century through “merit selection” independence of current judicial office- for State Courts, and a retired judge and “nonpartisan” elections, the states holders. The post-White decisions of the of the Superior Court of Sacramento have sought to protect judges from ex- lower federal courts have greatly exacer- County. cessive partisanship and inappropriate bated these challenges. This article was excerpted from Roger political influence. Nearly all 32 states K. Warren’s State Judical Elections: The with some form of nonpartisan judicial Protect the Rule of Law Politization of America’s Courts (Judi- elections have adopted ethics codes The challenges described in this article cial Council of Cal./Administrative Of- designed to restrict the partisan activi- erode public trust in state judiciaries, fice of the Courts 2006). ties of judicial candidates. compromise their integrity, and limit The decision of the Eighth Circuit their capacity to keep faith with the Court of Appeals on the Supreme Court’s rule of law. Public trust in the courts is Notes remand of the White case6 now threat- founded on the belief that judicial deci- ens to politicize nonpartisan judicial sionmaking processes are apolitical and 1. Editorial, “Judicial Politics Run Amok,” New York Times (Sept. 19, 2006). elections. In the Eighth Circuit’s White are in that important respect different decision, the court held unconstitu- from those of the other two branches. 2. Editorial, “The Next Filibuster?,” Wall tional Minnesota’s restrictions on “par- The rule of law is illusory if a judge’s de- Street Journal (May 4, 2006). tisan activities” providing that judicial cision must be submitted for approval 3. (2002) 536 U.S. 765, revg. Republican candidates “shall not . . . identify them- to the leaders of the other branches of Party of Minnesota v. Kelly (2001) 247 F.3d selves as members of a political organi- government, or to special interests, or 854. zation . . . [or] attend political gatherings; to popular referendum, as a condition 4. (11th Cir. 2002) 309 F.3d 1312. or seek, accept, or use endorsements of the judge remaining in office. 5. Kansas Judicial Watch v. Stout (D.Kan., from a political organization.” The American people have as great Oct. 6, 2006, No. 06-4056-JAR) ___ F.Supp.2d a right and interest in impartial state ___ (2006 WL 2873792); Alaska Right To California Must Stem courts, where 95 percent of all litigation is Life Political Action Committee v. Feldman the Tide conducted, as in an impartial federal ju- (D.Al.2005) 380 F.Supp.2d 1080; North In consistently suggesting that there diciary. Yet under these recent decisions Dakota Family Alliance, Inc. v. Bader is no true distinction between judicial Americans will ultimately be left with a (D.N.D. 2005) 361 F.Supp.2d 1021; Family elections and elections for political of- two-tier court system: a federal judiciary Trust Foundation of Kentucky v. Wolnitzek fice, lower federal court decisions after that—although not fully independent (E.D.Ky. 2004) 345 F.Supp.2d. 672. White have substantially undermined of improper political influence—has, by 6. Republican Party of Minnesota v. White the states’ significant efforts to - pre reason of federal judges’ life tenure, much (8th Cir. 2005) 416 F.3d 738 (en banc), cert. serve their ability to attract and retain greater ability to safeguard the rule of law, denied sub nom. Dimick v. Republican qualified judges, uphold the rule of and a substantially weaker state court sys- Party of Minnesota (2006) 126 S.Ct. 1165. law, and insulate sitting judges from tem that may no longer be able to guar- inappropriate political influence. antee its ability to uphold the rule of law

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Judicial Activism tal restriction on what judges can say ties or fallibilities . . . . Judges must be Continued from page  in order to preserve the judicial role. kept mindful of their limitations and of Thus, in my view, judicial elections are their ultimate responsibility by a vigor- different. ous stream of criticism expressed with three federal circuit courts and about Nevertheless, I would disagree with candor however blunt.”3 a dozen federal district courts where many commentators on the cause of That was Justice Frankfurter in dis- an additional 12 judicial canons have recent criticism of judges and what sent. The majority decision, written by been struck down as incompatible should be done about it. Let us first Justice Hugo Black, pointed out that with the strict scrutiny that is required deal with the criticism. Criticism of the actually shielding judges from criti- by the First Amendment under White. judiciary has been episodic throughout cism would be counterproductive to I say, however, that judicial elections our history, and it is hard to justify the the standing that the judiciary seeks in are different from elections for the leg- claim that such criticism is worse now our society. islative or executive branch because, than it has ever been. After all, we do That takes us to efforts to limit the -in unlike them, judges have a dual role. not have sitting United States Supreme dependence of the judiciary, which, I’ve One role that judges share with the Court justices already impeached by already stated, is a wonderful gift, one political branches is to make law, most the House and pending conviction vital to justice. However, the judiciary notably in the development of the com- before the Senate for essentially their is given that gift because of its limited mon law. In the exercise of their discre- opinions as judges. We do not have a role. Because we also believe in popular tion, they also make law concerning president who is defying the Supreme sovereignty and democracy, the Found- the litigants before them. Sometimes, Court or telling the Supreme Court to ers of our Constitution described the though, judges illegitimately make law enforce their opinions if they can. We judiciary as the least dangerous branch, when they impose their own personal do not have a decision of the United because they understood that the lim- views, through interpretations of stat- States Supreme Court leading to the ited role of the judiciary is to interpret utes or constitutional provisions, in a election of a president that then trig- and apply the law, not to exercise the way contrary to the original meaning gered a civil war in which hundreds authority of setting public policy for of those laws. of thousands of our fellow citizens the country. The public policy–setting died. We do not have a president urg- role resides in the political branches— Judges Have a Limited Role ing the packing of the Court because that is, the legislative and executive More important, what makes judges he disagrees with its decisions. We do branches. This constitutes a tradeoff: If different is that they are obligated to not have governors standing in the you want judicial independence, which decide cases that come before them on schoolhouse door, defying rulings of I believe is vital to the central role of a the basis of the law and the facts of the federal judges and asking the presi- judge—interpreting and applying the particular case. Legislators and gover- dent to bring out the National Guard. If law impartially—then judges will only nors do not have to do that. They can you look at historic criticism, it’s really have a modest role in the development ignore the law. They can remake the hard to top President Thomas Jeffer- of public policy. If you assume the op- law by legislation or executive decree. son, who said in 1820: “The judiciary of posite—that judges have a predominant And they can ignore the facts. Finally, the United States is the subtle corps of role in setting public policy—you deny they can pledge to do that during their sappers and miners constantly work- popular sovereignty, which is contrary campaigns. It is wrong, however, for ing underground to undermine the to democracy. judges to do that. It is a violation of foundations of our confederated fab- their oath, a denial of one of the critical ric. They are construing our Constitu- Judges Can’t Solve roles of a judge, to pledge or promise tion from a coordination of a general Society’s Problems a certain result in a particular case or and special government to a general and Chief Justice John Roberts recently class of cases. supreme one alone.”2 talked about this very point: that ju- Thus, despite the fact that the We should reflect on such criticisms dicial activism threatens the indepen- United States Supreme Court has held as Justice Felix Frankfurter did in a fa- dence of the judiciary. “Courts should that the state cannot prohibit legisla- mous and important case in this area, not intrude,” he said, “into areas of pol- tive candidates from promising how Bridges v. State of California, where icy reserved by the Constitution to the they will deal with certain matters he said: “Judges as persons, or courts political branches.” And he explained when elected, judges can be so forbid- as institutions, are entitled to no more that “judges should be constantly den. In the White case, I was taken to immunity from criticism than other aware that their role, while important, task for holding that position by Justice persons and institutions. Just because is limited. They are not commissioned Anthony Kennedy in oral argument. the holders of judicial office are iden- to solve society’s problems, as they But I believe that position passes con- tified with the interests of justice they see them, but simply to decide cases stitutional muster and that it is a vi- may forget their common human frail- before them according to the rule of

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law. When the other branches of gov- accountable to the People. Indeed, it is mines public support for ernment exceed their constitutionally a grave offense to interpret the Consti- an independent judiciary. mandated limits, the courts can act to tution, to add rights that were not pres- It also gives rise to efforts, confine them to the proper bounds. It ent in that Constitution when it was some ridiculous and mis- is judicial restraint, however, that con- ratified by the People. And it is a grave begotten, others firmly in fines judges to their proper constitu- offense to write out of the Constitution the Constitution, to make tional responsibilities.” rights that have been in that Constitu- judges more accountable Justice Scalia has recently said this, tion when it was consented to by the and less independent. in his own inimitable way: “We can talk People. They have chosen to limit the Our response cannot be about independence as if it is unques- government and to guarantee rights in simply to deny that there is tionably and unqualifiedly a good certain ways. judicial activism or to say thing. It may not be. It depends on We have had instances of judicial that we do not know what what your courts are doing. . . . The more activism. Dred Scott, Plessy v. Fergu- it is. Some people say that your courts become policy-makers, son, Wickard v. Filburn, Roe v. Wade, judicial activism is just the less sense it makes to have them Lawrence v. Texas, Kelo v. City of New a decision one does not entirely independent.” He concluded London, and McConnell v. FEC are just agree with or that judicial that “[w]hen [courts] leap into making a few that have added or undermined activism is striking down [public policy], they make themselves rights or other provisions in the Con- a law or reversing a prece- politically controversial and that’s what stitution. For instance, political speech dent. If that were true, one places their independence at risk.” is at the core of the First Amendment’s could determine whether a Again, the problem is judicial activ- mandate that Congress should “make judge is an activist by sim- ism. In 1977, then-Judge Lynn Compton no law” and nude dancing is at best at ply adding up how many criticized such a robust policy-making its periphery, but if you look at the reg- laws he or she has struck role for judges on the pages of the Los An- ulation of these two First Amendment down or precedents he or geles Times: “[Courts] are policy-making rights, you see that political candidates she has voted to reverse. bodies. The policies they set have the are required by law to run under their But all of those denials as- effect of law because of the power those real names and you can’t hardly get sume that the Constitution courts are given by the Constitution. . . . In the real name of a nude dancer. Politi- has no real meaning, that short, these precedent-setting policy de- cal contributions are limited, but you there’s nothing in there, cisions were the product of the social, can give as much money as you want that nothing is actually economic, and political philosophies of to a nude dancer. Political candidates ascertainable that limits a majority of the justices who made up cannot give quid pro quos, but nude government or imposes the court at any given time in history.”4 dancers do. Political candidates must standards on the judiciary And Judge Pam Rymer of the Ninth put a disclaimer on their advertising, when deciding cases. But Circuit has said about her own judicial whereas the United States Supreme of course that is not true; activist colleagues, “My activist col- Court, in a 5–4 decision, said that a state the Constitution is consid- leagues would probably say that the could require pasties and a G-string on erably more than that. judge’s primary role is to protect in- a nude dancer, but that’s rarely enough So we have judicial elec- dividual rights and to achieve social material on which to put a disclaimer. tions, and 75 percent of the justice, that justice is the guiding prin- people in the United States ciple of the judicial branch. And they Judicial Activism Undermines believe that it is through would say they should view the Consti- Public Support elections that we are most tution as a set of very broad principles Many people in surveying the Court’s likely to get judges who are to be viewed in light of contemporary decisions on abortion, pornography, fair and impartial. (Only 18 James Bopp, Jr., problems. In my own view, this kind of and sexual conduct generally have con- percent said that the ap- makes his points judicial philosophy leads a judge . . . to cluded that the courts have imposed pointment process results while speaking at the behave more like a legislator than like a whole new culture on our country in judges who are more fair Summit of Judicial a judge.” through those decisions and this is and impartial.) The People Leaders. So, if we believe in popular sover- the essence of judicial activism. Most want fair and impartial eignty, if we believe in democracy, and troubling to me is that the majority of judges, and elections are how they be- if we believe that the public policy role the people of the United States believe lieve they can get them. is one that the People should consent that judges base their decisions on The retention election of Califor- to, then judges, if they want a more ro- their own personal beliefs as opposed nia Chief Justice Rose Bird in 1986 is a bust role in setting public policy, must to applying the law. That takes us to good example of the appropriate use of expect to be less independent and more the problem: judicial activism under- an election system to throw out a judge

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who was essentially imposing her own s u m m i t o f j u d i c i a l L e a d e r s • N o v e m b e r 2 0 0 6 personal views contrary to the law. In 100 percent of 58 or 61 or 64—I’ve seen each of these numbers—cases Urgency Before Emergency where the death penalty had been im- During the Judicial Council–sponsored Summit of Judicial Leaders in Novem- posed, she voted to reverse. Even so, as one commentator observed, when ber, the dominant theme was protecting judicial independence against politici- she ran in her retention election, she zation. But another critical theme was protecting the courts against disasters, ­emphasized in her campaign that ju- ranging from fires to floods to terrorist attacks. dicial independence requires judges As Tamara Lynn Beard, executive officer of the Superior Court of Fresno County, to set aside their personal views con- succinctly put it: “We’re playing Russian roulette every day we’re not prepared.” cerning the issues before the court. The session “Urgency Before Emergency: Disaster Planning and Recovery” And there is no evidence to indicate that voters disagreed with Chief Justice was carefully designed to prepare judges and court executives for whatever Bird’s view. To the contrary, they clearly challenges might lie ahead after a disaster or emergency strikes. felt that the Chief Justice and her two One of the speakers was Dr. Hugh Collins, judicial administrator of the Loui- colleagues had interjected their per- siana Supreme Court, whose resources were taxed to the limit last year when sonal views into these decisions, and, Hurricane Katrina struck and the levees failed, flooding courthouses, jails, law as a result, turned them out of office. offices, police evidence rooms, and even the homes of judges. Collins advised Those who want to get to the core of attacks on judicial independence, courts to have emergency plans ready, be prepared to improvise on them, and which have serious consequences for prioritize the systems and operations that need to restart immediately and those the conduct of the appropriate busi- that can wait. ness of the judiciary, need to focus on “Believe an emergency will happen during your career,” he cautioned. “And the question of whether judges are re- be ready to commit resources for the long haul.” strained and what it means to restrain On September 11, 2001, after two planes commandeered by terrorists de- the exercise of judicial power. That is the root of the problem. That is why people stroyed the World Trade Center in New York City, court leaders there managed are concerned about the judiciary. to keep the courts open until 3 p.m. The solution to this problem, in my “However, at that point in the day, as the full scope of the catastrophe set view, is judicial restraint. in, we believed it was most important for our employees to be home with their families to deal with the traumatic impact of that terrible day,” recalled Judge James Bopp, Jr., is an attorney with Jonathan Lippman, chief administrative judge of the New York State Courts. Bopp, Coleson & Bostrom in Terre Haute, Indiana, whose practice emphasizes New York City courts were closed the next day, and court officials used televi- biomedical issues of abortion, forgoing sion, radio, and the Internet to communicate with the public and other court and withdrawing life-sustaining medi- personnel. “Remarkably, it was our universal experience that jurors appeared cal treatment, assisted suicide, not-for- for duty in great numbers no matter what the instructions, very much viewing profit corporate and tax law, and jury service as a patriotic duty in that time of crisis,” he said. campaign finance and election law. He In California, Malcolm Franklin, senior manager of Emergency Response and represented the petitioners before the U.S. Supreme Court in Republican Security for the Administrative Office of the Courts, reported that his office is Party of Minnesota v. White. developing a Web-based continuity-of-operations planning system in collabora- tion with the Superior Court of Fresno County. A new emergency planner has just joined the AOC’s Southern Regional Office in Burbank, he said, and tem- Notes plates for a basic disaster plan are being developed. 1. (2002) 536 U.S. 765. Ask yourself and answer these questions, Franklin said: “If there was 2. Jefferson to Thomas Ritchie, Dec. 25, an emergency, where are your kids right now? What are your families doing 1820, The Writings of Thomas Jefferson, vol. right now? Do you have a plan for you and your court? If you don’t have a plan, 10, ed. P. L. Ford (1899). you’re not prepared. 3. (1941) 314 U.S. 252. “Expect the unexpected—get ready for anything and everything,” Franklin 4. Letter to Editor, Los Angeles Times, Feb. 20, advised. 1977.

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The Next Six Years Courts and Court Users Modernize the Branch

By Richard D. Huffman

alifornia courts receive 9 million case filings Ceach year, and each year nearly 10 million strategic goals. I have come to people are summoned to jury service. So improving believe that both levels of plan- ning are needed to fulfill long- our understanding of how court users perceive the term aspirations incrementally with finite resources. courts and how the courts can best respond to their For this reason, California’s judicial branch can take pride in needs makes good common as well as business sense. Justice in Focus: The Strategic Plan for California’s Judicial Branch, The California judicial branch embarked on 2006–2012, the latest installment in our commit- such an endeavor in 1992 when then–Chief Jus- ment to the people of California. Justice in Focus, I tice Malcolm M. Lucas introduced the first stra- believe, anticipates and responds to the social and tegic plan. He explained this ambitious effort by economic changes California will face in the next acknowledging the judiciary’s responsibility “to six years. take an active role in managing the courts and providing leadership for the judicial system.” Challenges of Change Elaborating on this responsibility a year later, The state and its residents are changing, and the Chief Justice Lucas described the impetus for stra- judicial branch must change accordingly. Today, tegic planning: “Growing caseloads, increasingly California is home to extensive immigrant com- complex cases, shrinking resources, and challeng- munities from more than 60 countries. Some ing multicultural and diversity issues all require demographers predict the next 20 years will see our courts to act affirmatively and progressively to California’s population increase by 10 to 11 mil- meet the needs of California’s population.” lion—an increase roughly equal to the current I confess to a mindset in 1992 that viewed plan- population of Ohio. ning as something like working first on the case Growth, of course, will not be the same in all with the closest due date. I was there when we last parts of the state; some regions will put greater revised the strategic plan and when we recognized demands on the branch than others. For example, the need for an operational plan that could be re- demographers predict that many inland coun- vised in short cycles to better implement the larger ties, such as Riverside and Sacramento, will grow

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by 50 percent over the next 20 years. The Focused Listening council’s trust and confidence assess- Inland Empire is already one of the fast- A key component of the council’s out- ments. Just as important, the plan re- est growing areas in the country, and reach efforts was the public trust and news a commitment to a judicial branch other parts of the state—the San Joaquin confidence assessment, phases I and that mirrors the state’s diversity. Valley, for example—are expected to grow II. The phase I assessment sought opin- The goal of judicial branch “Inde- at a similar rate. ions and priorities from over 2,400 Cal- pendence and Accountability,” another Meanwhile, California’s economic ifornians and 500 practicing attorneys. long-standing branch imperative, sets prospects remain subject to the cycles Building on this information, phase II forth policy directions to safeguard the that make for uncertain revenues and employed focus group methodology ability of judicial officers to exercise -ap resources. Many economists predict to reach out to nearly 200 individuals propriate discretion and independent continued economic uncertainties, with with direct experience of California’s decisionmaking. At the same time, new very little slack in the system. What courts, as well as to approximately 60 policy directions strengthen the branch’s does seem certain is that the judicial judicial officers, court administrators, ability to secure resources, to allocate branch will serve a larger and costlier and branch and community leaders. them where they are most needed in an population. Presented at the Judicial Council’s environment of continuous growth and annual planning meeting in June 2006, changing public needs, and to account Focus on Reality the phase II report findings corrobo- for the efficient use of public funds. Justice in Focus has not lost sight of these rated and expanded on the landmark “Quality of Justice and Service to the realities. The council’s advisory com- phase I survey report released the pre- Public,” yet another goal responsive mittees and task forces, as well as the vious year. Judicial Council members, to judicial and public needs, features full council membership, have worked branch leaders, and justice system part- new policy directions dedicated to the to ensure that the strategic plan for Cal- ners—including the leadership of the establishment of innovative and effec- ifornia’s judicial branch is responsive to State Bar—learned that the strongest tive problem-solving programs and to public needs as well as to the contextual predictor of the public’s confidence in improved services in high-traffic court realities of California’s demographics the courts is their sense that decisions venues. Likewise, the importance of pro- and economy. The results of this collab- have been made through procedures cedures and processes that are under- orative effort are evident in the plan’s six and processes that are fair and under- standable—that make sense to the court goals and 53 policy directions, which set standable. Attendees at the June meet- user—has been reaffirmed in policy. the course for California’s courts over ing took to heart the public’s concerns Other goals, such as “Modernization the next six years. about the cost of hiring an attorney, the of Management and Administration” most commonly cited potential bar- and “Education for Branchwide Profes- Stakeholders as Coplanners rier to court access. They confronted, in sional Excellence,” establish clear policy Beginning in early 2005, the Judicial frank policy deliberation sessions, the directions responsive to court user pri- Council, working through its staff agency, difficult language access issues reported orities—such as timely and efficient case the Administrative Office of the Courts by respondents to the phase I survey processing and a courteous, knowledge- (AOC), set in motion a planning process (31 percent of whom were born outside able judicial branch workforce. designed to ensure the broadest pos- the United States). A wealth of informa- Of course, in order to meet the many sible involvement. Justice in Focus was tion from actual court users helped the diverse needs articulated by court users molded by a wide, representative array June planning meeting attendees con- —as well as members of the branch of judges and individuals with a direct sider how the public’s experience of jury and our justice system partners—the interest in the branch, including mem- service, associated with high approval judicial branch must provide a suitable bers of the public, community leaders, ratings, could shape policy to improve statewide administrative infrastruc- and other justice system partners. In all, services in other court venues. ture. The branch must plan to redress nearly 3,200 individuals helped shape long-standing infrastructural issues— the goals and policy directions of the Our Strategic Focus such as ensuring the safety and acces- new six-year plan. In addition, trial court Justice in Focus renews our commitment sibility of our court facilities. planning priorities submitted annually to the goal of “Access, Fairness, and Diver- Likewise, our commitment to ef- on the Serranus Web site for California sity” by charting a strategic route appro- ficient case-processing, information- judges and court staff were carefully ana- priate to California’s increasingly diverse ­sharing, financial, and human resources lyzed and considered in developing the and expanding population. The plan technologies depends on policy that is plan. The council also sought guidance establishes policy directions to increase creative and far-thinking. Justice in Fo- from economic, demographic, and legal access to legal assistance and interpreter cus sets forth as a new goal the attain- trends experts to help establish a state- services and to ensure that court proce- ment of a “Branchwide Infrastructure wide context in which to frame strategic dures are fair and understandable—all for Service Excellence.” This goal sets a deliberations. concerns voiced by participants in the course to quality of justice in California

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Turning Strategy Into Action by advancing statewide values for the judicial branch and consistency in court By William C. Vickrey way that fulfills the promise of improved access to operations while maintaining decentral- Administrative Director of the Courts case information by the parties, improved access ized court management. by the general public to information about their Now that the Judicial Council has approved a six- courts, and improved information needed by other Implementation Already Under Way year strategic plan for California’s judicial branch state and local justice system partners to fulfill Of course, all plans require a commit- to guide its actions and organize its resources, their responsibilities to California’s justice system. ment to action, to follow-through on it must communicate the plan to all who have a The infrastructure strongly influences our ability to the part of their creators. And efforts stake in the branch. The Administrative Office of operate effectively and efficiently, to be transpar- are already afoot to implement Justice the Courts is formulating an operational plan that ent to the public and accountable to the other two in Focus throughout the state. During will be presented to the council at its annual plan- branches of government and the public. 2007, the Judicial Council—working ning meeting in late June. Bill Vickrey shares his Second, our trial courts must develop plans and through its advisory committees, task perspectives on how the strategic plan will affect strategies to implement on a statewide basis those forces, and the AOC—will develop a court operations in the years ahead. practices that have proven effective in improving the three-year operational plan to set into quality of justice and that have reduced barriers to motion specific programs and initia- How will the amended strategic goals access to the courts. These include demonstrated tives to achieve the six strategic goals. change the council’s operational plan? initiatives such as complex litigation courts, collab- Trial courts will play an important It will change the operational plan in several key orative justice courts (e.g., mental health and teen role in achieving these branch priori- areas. The branch will place greater emphasis on courts), interpreters in civil cases, reforms in the ties by developing and implementing the concept of procedural fairness—based on the child dependency area, and self-help centers. their own strategic plans. Court plans data that the public’s trust in the system is influ- Finally, more than half of California’s population typically identify ways of meeting court enced more by process (e.g., how court users are have some contact with the courts every year. We need user needs that are specific to each local treated) than by the outcomes of their cases—that to start there, with court users, to emphasize public jurisdiction. The results of all this strate- every judge and every staff member who encoun- education as well as procedural fairness. We need to gic thinking and action will be available ters the public must take the time to listen to them, assume responsibility for educating the public about for branchwide sharing via the Serranus to treat them with fairness and respect, and to en- the general process that they will undergo when they Trial Court Planning Web site. sure that they understand the proceedings and the come to the courts, whether as a witness, a party to Echoing the sentiments his prede- opportunities available to them. a case, an observer, or a juror. We must improve our cessor expressed some 14 years ago, As a result of the extraordinary work that’s ability to treat them with patience and dignity, placing Chief Justice Ronald M. George has been done on the studies on public trust and con- special attention on high-volume courts. provided a fitting introduction to the fidence in our court system, there will be much revised plan, noting that it “affirms the more of a focus on how our practices, policies, What is the relevance of the strategic plan importance of listening to the public, and procedures affect the public. Specifically, the to court staff? of effective information sharing . . . [and plan will focus on high-volume courts, such as traf- The strategic plan reflects both a great opportu- of] services that are responsive to the fic, small claims, juvenile dependency, and family nity and a great responsibility. Every judge and needs of the public—services that in- courts. And our operational plan will reflect the employee affects the public’s perception of the spire the trust and confidence of Cali- partnership we have with the Governor and the bar trial courts. This strategic plan is going to place fornians from all walks of life.” He also to increase diversity on the California bench. a major focus on the public, how our justice sys- has likened our planning and policy- What should trial courts do in terms of tem impacts the public. That starts with each and making responsibilities to those of a ­updating their operational plans? every employee’s interaction with the public— marathon relay—one without an end. on the telephone, by written correspondence, or The tremendous leadership of our courts in imple- I thank all who have participated— at the counter or in the courtroom. We must provide menting major court reforms, such as court unifica- and who continue to engage—in this the information that the public needs to under- tion, the one-day or one-trial jury system, self-help most important strategic journey. It is stand court processes. We know public education centers, and plain English jury instructions have ironic that a nonplanner like me has is a huge effort that needs to be undertaken. Our had a major, positive impact on the public’s confi- been assigned to chair a committee with 19,000 court staff are the best ambassadors we dence in the courts over the last decade. planning in its name. But even a non- have to try to improve the public’s experience with In the future, operational plans of local courts, planner can learn the necessity and criti- the courts and thus their trust and confidence in the the creative initiatives of trial courts to improve ac- cal value of that thoughtful process. process and in the results. Our strategic plan will cess to information, access to courts, and public drive every activity in our branch, from our funding education will be critical. So, first, all trial courts Richard D. Huffman is an associate priorities and our legislation to how we organize need to work together in a partnership with the Ju- justice of the Court of Appeal, Fourth resources and how we interact with the public and dicial Council and the Administrative Office of the Appellate District, Division One, in San the legal community. Diego and chair of the Judicial Council’s Courts to implement a statewide infrastructure in a Executive and Planning Committee.

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Del Norte Siskiyou Modoc

Shasta Lassen Humboldt Trinity

Tehama Plumas

Mendocino Butte Glenn Sierra

Colusa Sutter Nevada Placer Lake Yuba

Yolo El Dorado Alpine CCMS Goes Live Sonoma Napa Sacra- mento Solano Amador Marin San Calaveras Tuolumne Contra Mono Del Costa Joaquin Norte Siskiyou San Modoc Francisco Alameda Mariposa San Stanislaus A Vision of the Future Mateo Santa Santa Clara Merced Cruz Madera Shasta Lassen Humboldt Trinity San Fresno Inyo Benito Becomes Practical Reality Tehama Tulare Plumas Monterey Kings Mendocino Butte Glenn Sierra San Colusa Sutter Nevada Placer Lake Yuba Luis Obispo Kern Yolo El Dorado Alpine Sonoma Napa Sacra- San Bernardino mento Santa Solano Amador Barbara By Marin San Calaveras Tuolumne Ventura Contra Mono Los Angeles Costa Joaquin San Francisco Alameda Mariposa San Michael Roddy, Stanislaus Mateo Santa Orange Santa Clara Merced Riverside Cruz Counties with CCMS Madera by the end of 2007 Tamara Lynn Beard, San Benito Fresno Inyo San Diego Imperial Tulare and Alan Slater Monterey Kings

San Luis ThreeObispo courtKern executive officers discuss CCMS, San Bernardino Santa Barbara Ventura a new toolLos Angelesto improve access to the California

Orange courts and soon Riversideto be the world’s largest judicial case managementSan Diego system.Imperial

The Vision The Current “In a statewide data distribution network, a (But Changing) Reality single file, entered once, will be immediately When this visionary system was described in available to an unlimited number of users. No 1993 by the Commission on the Future of the intermediaries will be needed to retrieve re- California Courts in its report Justice in the Bal- quested documents. Sophisticated schedul- ance 2020, the California Courts Case Manage- ing and case management applications will be ment System (CCMS) was not even a glimmer available on line. Documents will be retrieved in the Judicial Council’s collective eye, though, in instantaneously at trial and displayed on moni- its 1991 annual plan, the council identified such tors to all participants. On appeal, both clerks’ a system as a priority. That year the council also and reporters’ transcripts will be immediately established the commission, which used the available to the appellate tribunal. tools of forecasting, alternative futures planning, “The network will be a clearinghouse for and analysis not only to anticipate what the fu- judges, court information managers, attorneys, ture of the judicial branch might be but also to clients, and the public. Every California court will propose what it should be. And what it should have access to and share information through be, according to one of the technology recom- the network. It will contain scanned images of mendations, is an integrated case management filed paper documents, electronically filed docu- system connecting all California courts. ments, and the courts’ case management system. It isn’t a surprise that the judicial branch is Once authorized, any user will be able to access making its vision a reality, but what is amazing and retrieve information or enter data, although is how quickly and how far the branch has trav- clearance will be required to enter data.”1 eled toward that goal. Two members of the 1993

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commission deserve special credit. One is Sheila Calabro, then court ex- ecutive officer at the Superior Court of Ventura County and now director of the Administrative Office of the Courts’ Southern Regional Office and the- ex ecutive sponsor of this statewide initia- tive. The second is Edward Kritzman, now retired, who was the court ex- ecutive officer at the Superior Court of Los Angeles County in 1993. These two courts led the charge in develop- ing the civil component of CCMS. Later they were joined by the trial courts in Orange, San Diego, Sacramento, and Alameda Counties. Today more than 70 case manage- ment systems are in use in the Califor- nia courts, each requiring support and maintenance. Many of these systems do not meet the basic need to com- municate with the systems used by the Department of Motor Vehicles, the De- partment of Justice, the Judicial Branch Statistical Information System, and the The California Courts Case Management System, depicted above, provides users with a wealth of information and Department of Social Services, not to options for keeping track of civil cases. Those already on the system say it provides great insight into the best practices mention legislative requirements. In of other courts around the state. addition, some courts have individual agreements with the providers of their case management system applications to share resources to achieve vastly im- of upgrading and maintaining them. and independently negotiate their own proved outcomes in the following ways: Once completed, CCMS will be the upgrades, maintenance, and other • Creating a common technical infra- largest court application in existence. services. These arrangements are not structure consistent and often result in multiple • Facilitating common business prac- courts’ paying for the same upgrades. Leadership Is Necessary tices The Justice in the Balance 2020 report • Using a common approach for all also noted that “[i]f the data network is Striking Benefits of CCMS case types to be a reality, statewide leadership will The system now known as CCMS is a • Adopting standards for configura- be necessary to: ensure the installation statewide initiative to bring the courts tion and data sharing of compatible hardware and software; together with one application for all • Integrating with local and state justice develop norms and standards for ac- case types. The AOC’s Southern Re- partners to increase public safety and cess; create safeguards for transmitting gional Office in Burbank manages this reduce liability and using sensitive information; and history-making project, and five trial standardize nomenclature and pro- • Ensuring equal access to justice for courts are leading the design and de- cedures among courts, prosecutors, the public and other justice partners velopment: the Superior Courts of Sac- public and private defenders, all other ramento, Orange, Ventura, San Diego, Transition issues have been con- elements of the public and private bar, and Los Angeles Counties. Other courts sidered, too. CCMS includes a strategy human services and law enforcement have also participated in planning and that allows courts to maintain their ex- agencies, other state and local agencies, design sessions: the Superior Courts of isting case management systems while the press, and the private sector.”2 Alameda, San Francisco, Monterey, Riv- preparing them to migrate to CCMS. Leadership is a critical success fac- erside, and San Bernardino Counties. The strategy thus addresses their basic tor for a project of this magnitude, and, The reason courts are jumping on functional needs while allowing reduc- fortunately, many court executive of- board is that the benefits are numerous tions in the number of case manage- ficers have stepped forward to provide and compelling. CCMS enables courts ment systems and the associated costs it. We asked three of them—Michael

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Roddy, Tamara Lynn Beard, and Alan days”—these were basically an oppor- implementation will be. Our people Slater—to share with readers how tunity to assess our procedures with who have been involved on this proj- CCMS has affected their courts, what the new system through the use of test ect have a real sense of ownership and successes they have enjoyed, and scripts. These mock days verified the pride in the work that we have been what lessons they learned as they im- out-of-system business processes and doing to implement CCMS, and they plemented the system. Here is what helped ensure consistency. The partic- are serving as ambassadors at their lo- they told California Courts Review. ipants, who represented various court cations to answer questions and con- departments and locations, developed cerns of other staff. CCR: During implementation of CCMS, uniform processes based on the out- The other critical thing is long-term have you seen improved business pro- comes from our mock days. One of the support planning. Because this system cesses develop? Where have you seen most significant improved business is still evolving and will continue to do the largest improvements? What is the processes that resulted was the auto- so for several years, we are implement- history of how it was before and how mated and formalized minute order ing a plan to define how operations it is now? process for small claims. Other small and information technology [IT] work claims improvements include minutes together to maintain this application Michael Roddy (Superior Court of recorded real-time in the courtroom once we go live with other case types. San Diego County, where CCMS went and electronic images of the case files Each court needs to define who will be live in November 2006): Many of the instead of physical files. responsible for making local changes current business processes in the Su- and updating operating procedures perior Court of San Diego County were Tamara Lynn Beard (Superior Court as well as reviewing and approving re- developed and implemented as a con- of Fresno County, where CCMS went quests for system enhancements. sequence of court unification. Unifica- live in July 2006 for traffic and crimi- tion created an environment in which nal cases): Our court has seen improve- Slater: Users like to give feedback on we could look specifically at how ments in our accounting department, the new system from a demo rather than things might be done universally and back-office processes, and queues. The from paper-based documentation, so also consider better ways to do things. daily distribution report generated by where possible show the team the real With the focus on developing a new CCMS calculates where to distribute system in working sessions. Use these statewide case management system in the money collected from fees and sessions to walk through business dis- early 2004, the court also began look- fines. Before CCMS, we manually dis- cussions and to identify the gaps early ing at many processes to see where fur- tributed money for traffic school enroll- in the process. Make sure that in-depth ther improvements could be made. ment and red-light, health and safety, planning is done at the beginning of the While analyzing our current pro- and insurance violations. The new sys- project; cover business process changes cesses, we found that operations are tem does this automatically. Our court as well as new technology. Give as much heavily influenced by how information staff processes bail forfeitures and traf- time as possible to training, adding lo- is captured and stored in our current fic school paperwork more efficiently cal data to the system, test preparations, case management system. Starting and faster because of CCMS. We have and testing itself. with our participation in the design caught up on our backlog of case data Involve the court technology and and development of CCMS through to entry while reducing the traffic coun- end-user support teams early in the our current deployment activities, we ter queues from 30 or 40 customers project so that they are gaining experi- have gained great insight into the best to 3 or 4. ence in how to maintain the system. practices of other courts around the Also, make sure that court operations state. We are using this information to CCR: What would you tell another management is involved all the way update our business processes to work county about CCMS implementation through the process with weekly meet- as efficiently as possible with CCMS. and/or deployment? What are some ings to review progress and discuss de- key lessons learned that you would cisions made. CCMS is quite complex Alan Slater (Superior Court of Or- like to pass along? and takes time to learn, so try to keep a ange County, where CCMS went live consistent team involved in the project. in November 2006): The Superior Roddy: First and foremost, you can Court of Orange County has deployed never have enough people involved Beard: Having appropriate staff dedi- CCMS for small claims cases. Before, in the project. Because this is a system cated to CCMS is critical to a smooth small claims was not automated, and that eventually will impact every as- implementation. Assign technology and there were multiple business practices pect of how we provide services to the operations staff to the project 100 per- occurring at various justice centers. public, the more judicial officer and cent of the time, from preimplemen- During the testing phase of the deploy- employee buy-in you are able to build tation to after you go live. In Fresno, ment, the court conducted five “mock the better off and more successful the we assigned a senior IT manager as a

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full-time project manager for CCMS. and how the internal part of this system with CCMS, DMV has updated records She has four IT personnel who manage works. Likewise for the staff in informa- every quarter-hour. interfaces, network, templates, calen- tion technology—they have learned Another huge success involves the dars, and security for CCMS. We have about operations down to the detail level! courtroom data entry procedures. 250 court staff users and over 750 jus- All groups involved were willing to roll Before CCMS the processes to enter tice partner users. The security person up their sleeves to make this project suc- docket codes and court minutes were makes sure all the users have appropri- cessful. This is an approach that I would conducted as back-office processes ate access to the system. strongly recommend to other courts. because the system was too slow. De- On the operations side we also have Second, when getting started, ana- fendants would receive a copy of the a full-time CCMS operations manager. lyze your needs in all three case catego- minute order as the fourth copy of a She was assigned during the initial ries (civil, small claims, and probate) carbonless form that was difficult to stages of the project and will stay as- in CCMS. The system has a great deal read. With CCMS we are completing signed to CCMS for one year after we of overlap in the set-up activities, and the courtroom data entry during the go live with new case types. She sched- if you tackle them at the same time, court proceedings. The system is so ef- ules all court staff training, develops that will prevent rework as well as al- ficient that we are able to give the de- operational procedures for use of the low for greater alignment of business fendant a clear printout of the minute system, and directs operational staff. processes, to the extent possible, across order at the end of the court proceed- The staff assigned to her for CCMS the application. Aligning these activities ings. There are no more backlogs when maintains the bail schedule, reviews can really reduce the learning curve for it comes to courtroom minutes. courtesy notices, and updates code ta- training intricacies later. bles. They know CCMS well since they And, last, don’t underestimate your did testing and training on the system staffing needs in terms of the sheer A Safer California during implementation. numbers needed from different levels What will the future hold for CCMS? If Whenever possible collaborate with and with detailed expertise in each sub- we could reconvene the Commission other courts; use what they have al- ject area and in each case type. We found on the Future of the California Courts, ready created. We used docket codes that we really used many of our manag- the members would tell us that each and fee schedules that had already been ers and supervisors full time on this proj- milestone of this project takes us closer set up by other counties. The codes had ect because of the vast number of critical to the best possible future for the Cali- already been tested, and that saved us decisions that needed to be made at the fornia courts. a great deal of time and energy. That business level and because of the opera- Our state will be safer once we are also ensured standardization of codes tional impact of those decisions. able to share data effectively within between counties. CCMS is unifying the court system and with all our jus- the way our courts do business. We Slater: There were many areas of suc- tice partners. Families and children in turn have shared all our codes and cess while deploying CCMS in Orange will benefit from improved service and procedures with Solano and Sonoma. County. CCMS has not only given us access to justice once courts are able These counties are planning on going improved functionality in many areas to comprehensively manage multiple live with CCMS in 2007. Collaboration of court operation; the design allows us cases for families in crisis and share between counties plays an important to update the system more efficiently that information with other agencies role in creating one case management when there are legislative changes. For that can provide services and assis- system for 58 counties. example, the Web-based forms will al- tance. And California residents will low us to modify court forms, and they benefit from such standardization of CCR: What are key successes your will automatically be updated for all data and access to information. When court has had while deploying CCMS? of our staff. The document manage- we foresee the future of the California ment system, work queues, and sys- courts, CCMS is part of that vision. It Roddy: First, we made sure right away tem reminders will also benefit our will transform our society for the bet- to define this project as a court project, operational efficiency. And there is a ter and use technology to revolutionize not an IT project or an operations proj- great benefit to the public. Kiosks and the judicial branch of government. ect. The key to our success has been e-filing will be available for the public, working as a blended team to get the providing better service and enhanc- project done. On our core project team, ing court efficiencies. Notes you cannot tell who is from IT or who 1. Commission on the Future of the Califor- is from the operations area. And for the Beard: One success in Fresno is the nia Courts, Justice in the Balance 2020 (Dec. operations staff, I believe that many of DMV Abstract Interface. In our old sys- 1, 1993), p. 109. them have learned more than they ever tem, abstracts were sent to DMV elec- thought possible about database design tronically at the end of every day. Now, 2. Id. at p. 110.

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This Is Not My Parents’ Divorce Court A rookie judge reflects on why his qualifications for the family law bench derive not from a lifetime of study but from life itself.

By Timothy B. Taylor

n the winter of 2005, fortune smiled on with community property concepts in barely enough depth and detail to call Ime with a call from the Governor’s office the bar review course a success. Indeed, I had not even thought about appointing me to the superior court bench in family law since 1973, when my own parents divorced. I was 14 years old at San Diego. I had recently observed my 20th the time, so the focus of my high school freshman thinking was mostly on where anniversary practicing law with Sheppard, my younger sister and brother and I were going to live and how our family Mullin, Richter & Hampton. Nothing there had was going to survive this major change in our lives. I knew there was a judge in- prepared me for the next fortuitous call, this volved somehow, and I knew my dad, with whom the three of us lived, had one from our presiding judge. “We need you in to attend a couple of hearings. But that was about all I knew. family law; you’ll be taking over Department 6.” Given this (lack of) background, one can well imagine the thoughts and With the exception of having been pressed, emotions that ran through my mind when our as a first-year litigation associate, into a single presiding judge called. I soon learned the as- near-disaster ex parte appearance for a French signment would last three years and that I was Riviera–bound partner, I had never set foot in a succeeding an experienced family law judge family law department. I did not study family law who had previously practiced in that area. I at Georgetown Law School. I became acquainted also learned I would be sent to a five-day “Intro

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to Family Law” course in Monterey My Parents’ Divorce Files Family Court Services report; no detailed before taking over a very full and de- With this recent past as prologue, parenting plan; no disputes over drop-off manding calendar. That, and whatever I decided to order up a copy of the and pickup; no haggling over curbside observation time and reading could 1973–1974 proceedings from my own exchanges, timeshare, or midweek visits. be squeezed in between sentencing parents’ divorce file from the Superior Wow. I have a vague memory of writing misdemeanants, was to constitute my Court of Los Angeles County’s central something out about where I wanted preparation for the new job. Yikes. archives. After some initial delays cured to live; it is not in the file, but maybe it I learned one more thing: the cal- by a check for $22 for the copying costs was shared with the court during the endar I was to take over would involve (and some very good help from the re- chambers conference. about 70 percent pro per litigants who cords clerks there), I was able to obtain In any event, I remember the after- would rely on me to know the law. a copy of nearly the entire microfilmed math of this hearing, when my mother Gulp. The other 30 percent of the cases file. And there it all was: the Petition, called to set up the first “reasonable would involve parties represented by with the clerk’s notation that the initial visitation” since her departure. I said lawyers who, if they had practiced fam- filing fee (a whopping $44) was paid in some ugly things to her that day. It ily law for only 30 days, would know full. (In this era not long after adoption was awful, a 14-year-old son’s version more about it than I did. Uh-oh. of “no-fault” dissolution but before of a proper defense of his dad’s honor. As I write this reminiscence, that creation of the Family Code, the relief Thankfully, we’ve long since mended trepidation (and more) is 10 months in was sought under the old Civil Code, fences, and I hope I’ve made amends. the rearview mirror of experience. In the which seems quaint somehow.) The Less than two months later: an At intervening time I have learned a lot statistics are there as well: a marriage ­Issue Memorandum, asking that the from some very fine lawyers and from of 15 years, 6 months, and 20 days; the case be set for trial. Estimated trial a great deal of study and reading. (I’m date of separation, July 4, 1973; three time: one day. A few days later the content to let history and the California minor children, ages 14, 13, and 11. My Counter At Issue Memo, with a four- Courts of Appeal determine whether own name listed first. The accompany- day trial estimate. The record does not this learning is reflected in my rul- ing summons was returned only a few disclose the reason for the discrep- ings.) I’ve come to respect the difficult days later, and the Response was filed ancy. Lawyers bluffing? Also lost in the circumstances under which family law less than a month later. Prompt work mists of time is the reason for the pas- practitioners often work and to value by the small-firm lawyers each of my sage of two and a half months between highly the essential and underappreci- parents had engaged. this flurry of activity and the next item ated efforts of the folks in Family Court Filed the same day as the Response: in the file: the Notice of Trial, filed on Services, the family law facilitators, the first and, as it turned out, the only what would have been their 16th wed- and my own court’s family law staff. Order to Show Cause. It sought orders ding anniversary. I doubt the irony was I’m starting to feel conversant with the regarding child custody, visitation, intended. lingo and the issues. support, and attorney fees. (My stock Two more months passed. Our first But one thing kept gnawing at me as in trade these days.) My father’s re- incomplete Christmas came and went my competence slowly increased: What sponse to the OSC, filed only 11 days in the meanwhile. And then the trial: qualifies me to occasionally lecture liti- after the moving papers. A Financial a little less than eight months after the gants on how to go about obtaining a civ- Declaration, much shorter and simpler case was commenced, it was over. One ilized divorce? What in my background than the current Income and Expense witness testified (my dad). One exhibit gives me the right to urge ways to resolve Declaration form that I attempt to de- was received: an Integrated Marital child custody disagreements so that the cipher each day. The minutes from the Settlement Agreement. Lots of words very treasures the parents are fighting OSC hearing: both parties and their like “hereof” and “hereto,” but only over are not damaged in the fray? counsel noted as being present. It must seven pages plus four pages of exhib- The latter types of disputes make up have been hard for them, as they had its. My own name listed as one of the a large percentage of what I have been been married in 1957 at a church only “issue of this marriage.” Custody con- doing for the last nine months. As the a few minutes from the courthouse in firmed. Assets divided. An equalizing weeks of relentlessly large calendars Glendale. payment evidenced by a five-year note. passed, I kept wondering whether I After an unreported chambers con- No spousal support, no child support. could really speak with authority in ference involving only the lawyers and Each party to bear his or her own attor- admonishing litigants about child cus- the court (I could never do this today), the ney fees. An ensuing Judgment of Dis- tody issues. To me, now, the training court ordered attorney fees payable solution and notice of entry thereof. and study described above seem less forthwith to counsel for respondent in And that’s the last thing in the file. important to addressing those tasks the princely sum of $350. Custody of the The difference between this file and than the personal experience of (thus minors was awarded to husband, with so many of the files I work with these far) successfully raising two boys. reasonable rights of visitation to wife. No days could not be more profound. No

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handled this slender file again (except of us kids needed that time. Amid all maybe to microfilm it). By contrast, in the turmoil, a gift. the last two weeks I have made deci- Even the lawyers get a nod here, sions in cases in which the file exceeds though, like my dad, one has passed four thick volumes and the parties have away and is not around to receive be- more or less constantly been at each lated public thanks. There is nothing in other’s throats for all of their children’s the file suggesting anything other than elementary and teenage years. an old-school, low-key, professional job of dispute resolution. No unnecessary Lessons Learned discovery. No delay, as the chronology The divorce was extremely hard on above makes clear. Nothing to suggest my father. We saw him cry. I know less that the engine of the law was run un- about how it affected my mother, who necessarily to drive the parties farther was the departing spouse with the apart than they already were. I’m sure new relationship. But as difficult as it they both earned a fair fee, but neither was, and even though he lost his own sent his child to USC or Stanford on my parents to disease only a short time parents’ case. later, my dad never allowed bitterness to infuse what he told us about our The Law’s Wisdom mother. He never spoke ill of her in The California Legislature has directed our presence. He maintained a life- family law judges to pursue the state’s long, wonderfully close relationship policy of ensuring that children have with our maternal grandparents, so “frequent and continuing contact with we did too. He insisted that we visit both parents” following a divorce. The with our mother, overruling my stiff re- thinking behind this statute, at least sistance. He lectured me on the impor- in part, is that children can learn from tance of not having unburied hatchets both parents—even from the mistakes and unfinished business and required those parents make. Nowhere is the that I take affirmative steps to repair wisdom of this policy more evident the relationship. As my brother has ob- than in my own family’s journey. My served, at midlife our dad was forced sister, who walked the path with me, to rearrange his whole outlook and life has said that we err if we do not use plan. An academic washout himself, he the past, good and bad, to change the finished the raising of three teenagers, way we think about the present and all of whom graduated from college the future. So the people who come be- and all of whom decades later have in- fore me for the next two years—whom tact, long-term marriages and children I am privileged to serve as a judge of of their own. He did all of this on in- this court—should get used to the lec- stinct, with no manuals or handbooks, tures and admonitions. The moral high no parenting classes, and certainly no ground behind them derives not from lengthy and detailed court-adopted a lifetime of study nor a book, a piece custody and visitation plans. of legislation, or an appellate decision. Mom gets credit too. She probably It comes from the lessons of life, taught could have asked for more money. She perhaps unwittingly, tardily discovered, didn’t. She could have “pushed” the is- but discovered just in time. sue of custody or at least sought more detailed visitation orders. She did nei- Timothy B. Taylor is a judge of the ther, even though the maternal urge to ­Superior Court of San Diego County. do so must have been strong. In a mar- postjudgment OSCs. No move-away riage where the areas of disagreement requests. No squabbling about whether obviously overcame the areas of agree- assets were hidden or whether income ment, there was still some final room was fully disclosed. Case closed. Until I for compromise. Perhaps she saw, asked for a copy 32 years after the judg- more clearly than a teenager could, ment was entered, it is likely no one that time would pass and that the three

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The Overlooked Value of the Past

By Arthur Gilbert

hen I was in college studying the Judicial College. Through his course McLuhan suggested that we make an W English history, I read about the and by example, he showed me and nu- art form out of the past, idealizing it but Venerable Bede. He was a monk who merous other judges what it means to not examining or confronting it. Maybe was reputed to be the first major histo- be a great judge, an ideal to which I can that is because there is so much we have rian of England. He completed his five- only aspire. Until recently he was sitting to do in the present. Judges, for exam- volume work, The Ecclesiastical History by assignment on the Superior Court of ple, must manage their calendars, keep of the English People, in 731. It knocks Los Angeles County. Now that the court abreast of the law, read points and au- me out that Bede’s name is preceded by has its full complement of judges and thorities, and determine the precedent “the Venerable.” No text or article refers functions so efficiently, Judge Title has that applies to the facts. to Bede without the appellation “Vener- packed up his temporary chambers in Who has time to dwell on the past, able.” It connotes the enormous respect the Santa Monica Courthouse. let alone other or related disciplines? this unique individual had earned dur- Because Judge Title is, as they say in I suppose Justice David Souter does. ing his life for his wisdom and scholar- jazz circles, “on the scene,” dozens of When his name was placed in nomi- ship. Because such high praise signals a young lawyers and sitting judges have nation for the U.S. Supreme Court, ar- lifetime’s achievement, it is reserved for had the good fortune to be exposed to ticles made much about how he loved an older person. It is a recognition of the this great jurist. But many in the legal to read history. This curious trait was value of a person’s past. profession and the judiciary have little explained and tolerated. He was single The Venerable Bede fostered respect for the past when there was not all that much of a past. Today respect in gen- Marshall McLuhan suggested that we make an art eral is in short supply, and respect for the past, in particular, is a rarity. No form out of the past, idealizing it but not examining or wonder we seldom call people “vener- confronting it. Maybe that is because there is so much able” today. We have a lot more older people today than we did in the eighth we have to do in the present. century, but I don’t know of any who covet the sobriquet “venerable.” In fact, call someone “venerable” to their interest in knowing about our predeces- and lived in New Hampshire. But what face and you just might get punched in sors. In fact, for many of us, the past is about the rest of us? the nose. mostly forgotten or ignored. An opinion Professions are more complex than But there are not that many people to- by Oliver Wendell Holmes reflects the they were in the past. Courses in law day to whom the term “venerable” even work of a superb jurist and possibly schools involve subjects that were applies. There is, however, one judge the best writer ever to sit on any court. unheard of a few decades ago. Em- for whom the description is apt: Julius He could say clearly in 8 pages what it ployment, the environment, biology, ­Title. He is an energetic 91-year-old who takes others 50 to say ambiguously. genetics, DNA, gender discrimination, I hope will not punch me in the nose. I There are those whose link to the past and toxic torts are specialties to which have admired him from the days when is watching old movies or collecting or lawyers devote their entire practices. I was a practicing lawyer and he was reading about antique cars. Nothing Judges take courses in these and re- appointed to the bench in 1966. Later, I wrong with that, but how many of us lated fields just to have some familiar- was his student when he taught trials at more deeply probe the past? Marshall ity with the terms and basic principles

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of these disciplines. In comparison to the cost to society and to our notions of came during the Watergate scandal. the explosion of new and developing justice when we interpret a statute too They point to all those lawyers who were technology today, the past may seem liberally or too literally. The play, like convicted. But I suggest we look at the quaint, if not insignificant. the writings of jurisprudential schol- lawyers who brought them to justice. As an example of how complex life ars, helps make judges conscious of Looking to the past and to other dis- has become, the esoteric “science” their predilections when deciding dif- ciplines makes judges better at what of hotel management is offered as a ficult cases. Moreover, the play helps they do. It gives them a broader view major at Cornell and other universi- us cope with the inescapable fact that of the world and the people in it. They ties throughout the world. I wonder absolute justice is impossible. are better able to evaluate a case and whether the graduates have a passing familiarity with Plato, Dostoevsky, and Gibbon in addition to Hilton, Helmsley, Looking to the past and to other disciplines makes and Marriott. I suppose knowing about Kierkegaard’s “knight of faith” may not judges better at what they do. It gives them a broader be crucial to informing a guest that his room will not be ready until 3 p.m. But view of the world and the people in it. They are even with the complexities in manag- better able to evaluate a case and to make informed ing a large hotel, I am convinced that a hotel manager versed in world culture judgments. will do a better job and in turn will be a more content human being. Some 20-plus years ago I was on Reading Shakespeare is at first to make informed judgments. Getting the planning committee that formed the tough going with all those Elizabethan back to Shakespeare for a moment, he Continuing Judicial Studies Program. words, the meaning of which may be reminds us that “What’s past is pro- Judge Allen Broussard, who later sat on unknown to a modern audience. Read- logue.” (The Tempest, act II, scene I.) the California Supreme Court, was the ing the annotations can be ponderous. Knowing the human qualities of peo- chair. We offered an in-depth course on But the reward is worthwhile. ple from the past who have had a marked jurisprudence. Justice Conrad Rushing The same reward awaits the judge effect on our present is enlightening. and I, who were then trial judges, de- knowledgeable about the schools of Blaine Gibson recalls his father, Chief signed the course, and Justice Rushing jurisprudence present and past. Shake- Justice Phil Gibson, coming to pick him later taught the course for many years. speare and legal philosophy may seem up from grammar school in the middle We invited scholars from around the far removed from moving a court calen- of the day. “What could I have done country to lecture and interact with stu- dar with dispatch or applying the Evi- wrong?” young Blaine wondered upon dents on issues posed by current and dence Code. But an understanding of seeing his father in the principal’s of- past legal philosophers. Judges lined up legal philosophy better equips a judge fice. The Giants were playing the Dodg- to take the course, but I was informed to decide issues in a diverse society. ers that afternoon at Candlestick Park, that recently it was discontinued be- Some may discount the value of the and Juan Marichal and Sandy Koufax cause student interest had waned. past because they see the past as a time were pitching against each other. “We What a shame. Judging is not just of naiveté and simplicity that has no rel- are going to the game, son,” said the about plugging in a formula to get a evance today. Elmer Rice’s play of 1931, Chief Justice. Koufax? Marichal? Re- result. That is why I require students Counsellor-at-Law, portrays a successful, member them? who take my course at the Judicial Col- seemingly hard-boiled criminal defense lege to read Shakespeare’s Measure for attorney as a person of compassion and Arthur Gilbert is the presiding justice of Measure. Professor Herbert Morris first integrity. I do not believe that I am naive the Court of Appeal, Second Appellate turned me on to the play years ago, and to posit that the attorney portrayed in District, Division Six, in Ventura. I haven’t been the same since. The play Rice’s play reflects most of today’s crimi- was written 400 years ago, yet, astonish- nal defense attorneys. Yet today the ingly, it is no less relevant to the present media portrays most lawyers as craven, time. It speaks to the tension between unprincipled, and the devil incarnate. judicial activism and restraint. It posits Some say the turnaround in perception

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The Perfect Storm: Reconciling the Alex Ricciardulli Efforts of Voters and the Legislature to Get Tough on Sex Offenders

By Alex Ricciardulli

hat do you get when the Califor- Law initiative. As the bill progressed Jessica’s Law specifies that a defendant W nia Legislature and the elector- through the Legislature, however, it was need have only one prior sex conviction ate through the initiative process both repeatedly amended to very closely re- to be eligible for incarceration while decide to enact laws comprehensively semble Jessica’s Law. SB 1128’s reenactment of the SVP law dealing with sex crimes in the same In the end, when SB 1128 was requires that the defendant have two year? A perfect storm of statutes greatly signed by the Governor, it contained prior convictions. (See Jessica’s Law, increasing punishment for sex offenders. many provisions identical to Jessica’s § 24; SB 1128, § 53.) Jessica’s Law, the Governor Schwarzenegger’s sign- Law and some that were not in the later-enacted provision, trumps SB ing of Senate Bill 1128 (Alquist; Stats. initiative. To make things even more 1128 here. 2006, ch. 337) on September 20, 2006, confusing, Jessica’s Law also contained combined with the voters’ approval of provisions not in SB 1128. In the end, when SB 1128 Jessica’s Law (Proposition 83) on No- Courts will have to reconcile the vember 7, 2006, enacted no less than two groups of laws guided by well- was signed by the Governor, 81 separate sex crime provisions. New ­established principles of statutory in- it contained many provisions felonies and misdemeanors were cre- terpretation. Generally the provisions ated, with sentences for these crimes of a later-enacted initiative will con- identical to Jessica’s Law and toughened across the board. trol over previous legislation. (People A comprehensive review and com- v. Bustamante (1997) 57 Cal.4th 693, some that were not in the parison of all the statutes enacted is 699.) However, “the law shuns repeals initiative. To make things even beyond the scope of this article. The by implication.” (Board of Supervi- focus here will be on the most impor- sors v. Lonergan (1980) 27 Cal.3d 855, more confusing, Jessica’s Law tant provisions that were enacted, par- 868.) Thus, the provisions of the two ticularly on issues likely to arise in the measures must be compared to one also contained provisions courts’ application of these laws. another and each allowed to become not in SB 1128. effective if possible. Courts will eradi- Reconciling the New Laws cate the provisions of a measure only At the other end of the spectrum, The Legislature’s compilation of sex when they are “irreconcilable, clearly Jessica’s Law and SB 1128 contain pro- laws was enacted under SB 1128, while repugnant, and so inconsistent that visions that deal with completely dif- the initiative was approved by the the two cannot have concurrent opera- ferent areas—such as the requirement ­voters as the Sexual Predator Punish- tion.” (Western Oil & Gas Assn. v. Mon- in Jessica’s Law that defendants wear ment and Control Act: Jessica’s Law. terey Bay Unified Air Pollution Control global positioning system (GPS) devices SB 1128 and Jessica’s Law are really Dist. (1989) 49 Cal.3d 408, 419–420.) for life (§ 18) and SB 1128’s addition of two groups of statutes, all addressing There are a few areas where Jessica’s more crimes subject to registration un- the single subject of sex crimes and Law clearly renders parts of SB 1128 in- der Penal Code section 290 (§ 11). In predation. valid. For example, both Jessica’s Law these instances it is clear that both laws’ The two groups of laws started as and SB 1128 change the state’s existing provisions will be given effect. competing tempests, with the Legisla- Sexually Violent Predator (SVP) stat- Then there are provisions in the two ture proposing a number of sex provi- ute (Welf. & Inst. Code, § 6600 et seq.) enactments that are very closely re- sions in SB 1128 in part to forestall the to provide for indeterminate instead lated, and these present difficult ques- electorate’s approval of the Jessica’s of two-year incarcerations. However, tions of whether both can be given

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effect. For example, SB 1128 added sica’s Law is November 8, 2006, the day to apply even to defendants in prison the crime of arranging a meeting with after the election.* SB 1128 was signed at the time that Jessica’s Law and SB a minor for the purpose of exposing by the Governor on September 20, 2006, 1128 became operative. When it was private parts or engaging in lewd con- and because it was “urgency legislation,” enacted in 1995, the original SVP stat- duct “motivated by an unnatural or it went into effect that same date. ute was held not to be ex post facto for abnormal sexual interest in children.” For the provisions common to Jessi- (SB 1128, § 7, adding new Pen. Code, ca’s Law and SB 1128, as well as those § 288.3.) This crime is punished as a in SB 1128 unaffected by Jessica’s Law, To the extent that these laws misdemeanor unless the perpetrator is the effective date is thus September increase sentences or fines for required to register under section 290, 20, 2006, the date the bill was signed. in which case the offender is subject to Provisions supplanted by Jessica’s Law crimes, create new crimes, or felony punishment with a maximum went into effect on September 20 and of three years in prison, or up to four expired on November 8 when Jessica’s change the elements that must be years if the perpetrator actually attends Law kicked in. proved for a person to be found the arranged meeting. To make things even more compli- Jessica’s Law creates a crime for con- cated, because of ex post facto prin- guilty, the offenses must occur tacting or communicating with a minor, ciples, the actual dates on which the or attempting to do so, with the intent laws became effective vary depend- on or after either September 20, to commit sex crimes, including lewd ing on the specific provisions at issue. 2006, or November 8, 2006, for acts under Penal Code section 288. (Jes- To the extent that these laws increase sica’s Law, § 6, adding new Pen. Code, sentences or fines for crimes, create the new laws to apply, depending § 288.3.) The punishment is set at the new crimes, or change the elements term prescribed for an attempt to com- that must be proved for a person to be on the provisions in question. mit the designated sex crime. found guilty, the offenses must occur Which Penal Code section 288.3 on or after either September 20, 2006, ­defendants who were in prison when went into effect? Can a court amalga­ or November 8, 2006, for the new laws the Legislature enacted the measure mate the two versions to create a to apply, depending on the provisions because the statute was not punish- broader statute than either Jessica’s in question. Application of Jessica’s ment for persons within its scope. Law or SB 1128 envisioned? Or should Law or SB 1128 to these offenses when (Hubbart v. Superior Court (1999) 19 the SB 1128 version of section 288.3 the crimes happened before these Cal.4th 1138.) simply be wholly supplanted by the dates would be unconstitutionally ex one enacted by Jessica’s Law? post facto. (See Tapia v. Superior Court Increases in Punishment Other examples of closely related (1991) 53 Cal.3d 282, 298.) Jessica’s Law and SB 1128 each increased provisions that will likewise have to be Provisions that require high-risk fines for commission of a large number disentangled by the courts are Jessica’s sex offenders released from prison of sex crimes. They also increased sen- Law and SB 1128 amendments to child to wear GPS monitoring devices for tences for many sex offenses. pornography offenses (§§ 8 and 24, re- life (Pen. Code, § 3000.07) are only in The minimum fine for any felony or spectively) and provisions barring sec- Jessica’s Law but will likely be held to misdemeanor sex crime listed in Penal tion 290 registrants from residing within apply even when the crime occurred Code section 290 used to be $200 for 2,000 feet of schools and parks (Jessica’s before November 8, 2006. Since this re- a first offense and $300 for every sec- Law, § 21) and from coming onto school quirement is intended to monitor the ond and subsequent crime. The crimes grounds (SB 1128, § 25). person’s activity and not to punish the listed in section 290 are those for which individual, there is a strong argument a defendant must register as a sex of- Effective Dates that it is not invalidly ex post facto. (See fender, and they include just about The Jessica’s Law initiative was approved People v. Castellanos (1999) 21 Cal.4th every sex crime, ranging from forcible by the voters on November 7, 2006. Un- 785 [lifetime registration requirement rape and sodomy to misdemeanor in- der the California Constitution, an initia- for sex offenders held to not be punish- decent exposure and annoying a child tive becomes effective the day after it is ment and thus not ex post facto].) under 18 years of age. (See Pen. Code, approved. (Cal. Const., art. II, § 10(a).) Finally, the increases in the scope § 290(a)(2).) The fines are now in- Thus, the overall operative date of Jes- of the SVP law will also likely be held creased to $300 for the first offense and

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$500 for every second and subsequent months in jail and/or a $1,000 fine. not state that knowledge is required. The offense. (Pen. Code, § 290.3(a).) The (See Pen. Code, §§ 19, 19.4.) The law drug law has been held not to require fines are added “in addition to any im- also specifically allows local munici- that the defendant know that a school prisonment or fine, or both, imposed palities to enact further restrictions on was nearby. (People v. Atlas (1998) 64 for commission of the underlying of- where section 290 sex offenders can Cal.App.4th 523.) Similarly, violations fense.” (Ibid.) live. (Pen. Code, § 3003.5(c).) of the federal school drug law have been Sentences were increased for sex Prior to enactment of this law, no held not to require knowledge. (See U.S. crimes like assault with the intent to provision made it a crime for sex of- v. Pitts (9th Cir. 1990) 908 F.2d 458.) commit a target sex crime, going up fenders to live within proximity of In contrast, the California statute that from two, four, or six years to life in any place. Before Jessica’s Law, per- bars possession of a firearm within 1,000 prison with the possibility of parole sons released from prison on parole feet of a school specifically applies only when the assault is committed during for sex crimes had to be placed by the when the defendant “knows, or reason- a residential burglary. (Pen. Code, § authorities no closer than 1,320 feet ably should know” he or she is within 220(b).) from a school and no closer than 2,640 1,000 feet of a school. (Pen. Code, § The punishment for possession of feet from a school if they were deemed 626.9(b).) This shows that when legisla- child pornography was increased from high-risk sex criminals. (Pen. Code, § tion is intended to require a knowledge a misdemeanor to a felony for a first of- 3003(g).) However, it was not a crime if requirement, its drafters specifically in- fense. (Pen. Code, § 311.11(a).) More- parolees violated these rules. Jessica’s sert that requirement in the statutory over, the punishment for possession of Law not only expanded restrictions language. child porn with a prior offense remains to include parks, but also made viola- two, four, or six years, but the priors are tions misdemeanors and expanded the Conclusion increased to include all crimes listed group of persons covered to include all There is much uncertainty surrounding in Penal Code section 290, rather than persons subject to section 290 registra- the interpretation and proper scope of merely priors for child porn–related of- tion, not just persons newly released many provisions of the Legislature’s fenses. (Pen. Code, § 311.11(b).) from prison. and electorate’s latest foray into the The list of crimes for which manda- One issue that arises here is what it field of criminal justice. One thing is tory consecutive sentencing is required means to “reside” in a prohibited zone. absolutely certain: as with prior stat- by courts was increased. (Pen. Code, § Although this term is not defined in utes such as the three-strikes law and 667.6.) The scope of the “one-strike” the statute, courts are likely to look Proposition 36, it will take years of ap- law, which requires life sentences for to the definition used for purposes of pellate opinions to fully work out the sex crimes committed under specified the section 290 registration require- new laws. circumstances, was also increased. ment. “Residence” in this context has (Pen. Code, §§ 269(c), 667.61.) And so, been construed to mean “ ‘any factual Alex Ricciardulli is a judge of the Supe- too, were the types of crimes for which place of abode of some permanency, rior Court of Los Angeles County and a court cannot strike findings in order that is, more than a mere temporary so- a former attorney with the appellate to render defendants eligible for proba- journ [citation]’ ” and “as ‘connot[ing] branch of the Los Angeles County Pub- tion. (Pen. Code, §§ 1203.06, 1203.065, more than a passing through or pres- lic Defender’s Office. 1203.075.) ence for a limited visit’ [citation].” (Peo- ple v. McCleod (1997) 55 Cal.App.4th The Crime of Residing Near 1205, 1218.) Note Schools and Parks Another issue is whether a defen- One of the most far-reaching crimes dant’s knowledge that a school or park *A U.S. district court judge issued a tem- porary restraining order on November 8, created by Jessica’s Law was making it was within 2,000 feet is an element of 2006, barring enforcement of that section unlawful for any person subject to sec- the offense. Comparison of the new law of the initiative that bars any registered sex tion 290 registration “to reside within to other statutes strongly indicates that offender from living within 2,000 feet of a 2,000 feet of any public or private knowledge is not an element. Health school or park, pending a further hearing school, or park where children regu- and Safety Code section 11353.6, for ex- on the section’s constitutionality. larly gather.” (Pen. Code, § 3003.5(b).) ample, increases punishment for com- A violation of this crime is a mis- mitting drug offenses within 1,000 feet demeanor, punishable with up to six of a school and, like Jessica’s Law, does

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Court Briefs

Governor Guardianship Reform Proposes Act of 2006 Money for New • $5 million for the estab- Judgeships, lishment of the Access to Justice–Civil Rep- Courthouses resentation Program, Governor Schwarzeneg- which will support the ger in January released appointment of counsel his proposed state budget for low-income litigants release a revised state justice system Left: John for fiscal year 2007–2008, in certain civil matters, budget proposal, which partners, service MacKanin, which provides money for in three pilot courts the Legislature must then providers, and who spoke new judgeships, court- • $19.2 million from the consider before it is sent participants from at the forum on homeless house construction proj- State Court Facilities back to the Governor for across the state to courts, was ects, and other programs Construction Fund for his signature. network and share formerly designed to improve court seven courthouse con- ideas about devel- homeless Proposed Judicial services to the public. struction projects oping and estab- and now The budget proposal In addition, as part of Branch Budget lishing homeless works as an includes, among other a larger state infrastruc- http://govbud.dof.ca.gov court programs. advocate. provisions: ture bond proposal, the /StateAgencyBudgets Homeless courts Right: • An augmentation of Governor has proposed /0010/0250/department.html are special court Attendees $27.8 million for staff $2 billion for the con- sessions held in listen to and related operating struction and renovation a local shelter or a plenary costs to support 100 of court facilities. First Statewide other community session. new judgeships to be In the coming months, Summit site where home- added over the next judicial branch lead- on Homeless less citizens can resolve two fiscal years ers will work with the outstanding misdemeanor • $17.4 million in new Governor, state Depart- Courts criminal warrants. There funding for imple- ment of Finance, and A special forum on Oc- are 16 homeless courts in menting the Omnibus Legislature on details of tober 26, 2006, at the Ala­ these California counties: Conservatorship and the proposed budget. In meda Conference Center Alameda, Contra Costa, May the Governor will brought together judges, Fresno, Humboldt, Kern, Los Angeles, Orange, Sac- ramento, San Bernardino, San Diego (2), San Joaquin, JusticeCorps in the Bay Area Santa Barbara, Santa Clara, Nearly 40 local college students took the AmeriCorps Sonoma, and Ventura. pledge of service on November 17, 2006, in Oakland. The ceremony marked the students’ initiation into Homeless Courts ­JusticeCorps (www.courtinfo.ca.gov/programs/justicecorps), www.courtinfo.ca.gov a unique program to help courts with their overburdened /programs/collab/homeless.htm self-help legal access centers. In the JusticeCorps program, college students are trained to help litigants Contact complete pleadings, written orders, and judgments under Yolanda Leung, AOC attorney supervision. The Superior Court of Alameda County staffs the Bay Area JusticeCorps Collaborative Justice program in partnership with the superior courts in San Francisco, San Mateo, and Santa Clara Program, 415-865-8075, Counties. JusticeCorps was piloted in Los Angeles County in 2004. [email protected]

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New Education ministrative Office of the News Release on Council de Courts, and justice system Education Program Ea

Program Presents ey Approved for partners. Among other www.courtinfo.ca.gov Distinguished ll Trial Courts provisions, it establishes /presscenter/newsreleases Service Awards She mandatory annual report- /NR79-06.PDF The Judicial Council ing by judges on their par- The Judicial Council pre- unanimously has ap- ticipation in educational sented its 2006 Distin- proved a comprehensive programs. It gives the trial Santa Clara guished Service Awards minimum education courts the flexibility to de- Translates Court at the Summit of Judicial program for trial court termine the content and Leaders in November. judges and subordinate subject matter of train- Web Site Originally announced in judicial officers, court ing taken by subordinate The Superior Court of August, the awards honor executive officers, man- judicial officers and court Santa Clara County has individuals who have agers, supervisors, and personnel. translated its 250-page demonstrated extraordi- court personnel. The rules took effect self-service Web site into nary leadership and made The program was de- on January 1, 2007. Vietnamese. The site ex- significant contributions veloped with input from plains court procedures, to the administration of judges, court administra- provides case information, justice in California. The tors, attorneys, the Ad- and allows visitors to ask awards recipients are: questions online—now in three languages. The Jurist of the Year—Justice court introduced a Span- Richard D. Aldrich, of the ish version of its self- Court of Appeal, Second ­service site last year. Appellate District, Divi- The court offers free sion Three Vietnamese interpreters Justice Aldrich has for courtroom proceed- worked to improve the ings for litigants who have access of self-represented domestic violence, child litigants and persons with custody, child visitation, disabilities to the courts and child support hear- and was instrumental ings. It also participates in establishing complex in community activities litigation courts in Califor- and partners with lo- nia. As chair of the Court cal agencies that assist Security Working Group ­Vietnamese-speaking since 2004, he helped bring clients. together representatives of diverse organizations Vietnamese Self-Service to establish statewide uni- Web Site form funding standards for www.scselfservice.org/viet court security.

Court Adoption and Permanency Month Contact Judicial Administration Carl Schulhof, Public In- Award—Tressa Sloan At its October 20, 2006, business meeting the Judicial Council formation Officer, Supe- Kentner, Executive Officer declared November to be Court Adoption and Permanency Month. The council invited Nancy O’Reilly (standing, left) and rior Court of Santa Clara of the Superior Court of her mother, Patty O’Reilly (standing, middle), to share their County, 408-882-2856, San Bernardino County story with meeting attendees. A few years ago, Patty adopted [email protected] Ms. Kentner has been Nancy at age 24, proving that it is never too late to form a fam- dedicated to enhancing ily and make a difference in someone’s life. public understanding of

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Additional Biographical unwavering support of Information on Award individual liberties. Recipients www.courtinfo.ca.gov Defender of Justice /presscenter/newsreleases Award /NR64-06.PDF www.courtinfo.ca.gov /presscenter/newsreleases Distinguished Service /NR84-06.PDF Awards Information, Nomination Forms www.courtinfo.ca.gov/jc Yolo Judge /distinguishedservice.htm Receives Access to Justice Award Courts Honor Judge Donna M. Petre California of the Superior Court of Yolo County received the Back row, left to right: At November’s Summit of Judicial Leaders William C. Vickrey, Senator 2006 Benjamin Aranda III Administrative Director of the Courts, stands with Judicial Administration Award recipients Tressa Chief Justice Ronald M. Access to Justice Award Sloan Kentner and Patricia M. Yerian; Judge Donna M. Petre, recipient of the Benjamin Aranda George presented Califor- at the Summit of Judicial III Access to Justice Award; and Senator Joseph Dunn, who was honored with the first annual nia Senator Joseph Dunn Leaders in San Francisco. Stanley Mosk Defender of Justice Award. Front row, left to right: Justice Richard D. Aldrich, Jurist (D-Garden Grove) with the She was recognized for of the Year, and John Hancock, recipient of the Bernard E. Witkin Award, are seated with Chief first annual Stanley Mosk her leadership in improv- Justice Ronald M. George. Defender of Justice Award ing court access and legal for his work to strengthen services for families and the courts and providing mon experience for the the independence of the children. improved court services public when they come to California court system. The Aranda award, to Californians. She has the California courts and As chair of the Sen- named for the found- devoted a significant enable them to receive ate Judiciary Committee ing chair of the Judicial amount of time in sup- the same high level of for the past two years, Council’s Access and Fair- port of continuing branch quality and service from Senator Dunn has been ness Advisory Committee, education and profes- any location. a champion of an inde- honors a trial judge or an sional development for pendent judiciary. He appellate justice whose court staff. Bernard E. Witkin has worked tirelessly activities demonstrate a Award—John Hancock, with his colleagues in long-term commitment Judicial Administration President of California the Legislature, as well to improving access to Award—Patricia M. Yerian, Channel as bar and justice system justice. The award is co- Director of the Information Mr. Hancock has been organizations across the sponsored by the Judicial Services Division of the instrumental in im- state, to call attention to Council, State Bar, and Administrative Office of proving public trust in the critical importance of California Judges Associa- the Courts the courts by televising an independent and ac- tion, in cooperation with Ms. Yerian has set important cases argued countable judicial branch. the California Commis- broad new directions for by the California Supreme The award is named sion on Access to Justice. judicial branch informa- Court and broadcasting after the late California tion technology. She is judicial branch events. Supreme Court Justice Aranda Access to Justice leading the branch in He has helped make Stanley Mosk, who spent Award developing a branchwide California a national almost six decades www.courtinfo.ca.gov systems architecture and leader in public outreach in public service and /presscenter/newsreleases new court technologies, programs. was well known for his /NR82-06.PDF in order to create a com-

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Los Angeles, ments to court operations. how the courts and other tice Sandra Day O’Connor Napa Web Sites Here are just a few areas agencies work together to at the Summit of Judicial Honored affected by those bills. provide services to youth Leaders in San Francisco. in the child welfare and Chief Justice George The superior courts in Los Increased Oversight for foster-care systems. The was also recognized by Angeles and Napa Coun- Probate Conservatorships council will be cochaired Central California Legal ties received awards in The Omnibus Conser- by the Chief Justice, or Services, which presented 2006 from Justice Served, vatorship and Guard- his designee, and the him with the first Ronald which annually recog- ianship Reform Act of Secretary of the Califor- M. George Equal Justice nizes the top 10 court- 2006, a package of four nia Health and Human Award. Named in the Chief ­related Web sites. bills (AB 1363, SB 1116, Services Agency. Justice’s honor, the new The Superior Court of SB 1550, and SB 1716), award is presented to indi- Los Angeles County was is designed to improve More Judgeships viduals for their leadership recognized for its traffic the administration of Senate Bill 56, which re- and lifelong dedication to services, online case sum- probate conservatorship ceived a 67–0 vote in the the legal system. maries, court calendars, cases in the trial courts. Assembly and a 38–0 vote e-filing, civil and criminal Among other changes, in the Senate, creates 50 Opperman Award case information, and the bills will increase the new judgeships in Cali- www.ajs.org/include/story online court appearances frequency and scope fornia during fiscal year .asp?content_id=494 by video. of court investigations; 2006–2007. The judge- Equal Justice Award The Web site of the increase court oversight ships will be allocated Superior Court of Napa over moves of conser- according to the Judicial www.courtinfo.ca.gov County was honored for vatees and the sales of Council’s Judgeship Needs /presscenter/newsreleases its online traffic pay- their homes; establish a Study, which weighs the /MA35-06.PDF ments, EZLegal forms, new licensure scheme number and type of case tentative rulings, case governing professional filings per court. indexing, interactive conservators, guardians, Fresno Court jury services, and fillable and other fiduciaries; and Contact Executive questionnaires for service authorize court action in AOC Office of Governmen- Named Woman on the grand jury. response to ex parte com- tal Affairs, 916-323-3121 of the Year munications or informal Los Angeles Court complaints regarding a Tamara Lynn Web Site conservator. Chief Justice Beard, Execu- www.lasuperiorcourt.org Honored by tive Officer of New Statewide Council Judges, Lawyers the Superior Napa Court Web Site on Foster Care Court of Fresno www.napa.courts.ca.gov Among eight bills aimed The American Judicature County and a at the child welfare Society (AJS) presented Judicial Coun- system, Senate Bill 1667 Chief Justice Ronald M. cil advisory requires that social work- George with its Third member, was Flurry of New Tamara Lynn Beard Bills Affect Court ers give caregivers Judi- Annual Dwight D. Opper- named one of Operations cial Council form JV‑290 man Award for Judicial the Top 10 Busi- so that they can provide Excellence, which honors ness Professional Women n o Governor Arnold Schwar- information about the a sitting state judge of a of the Year. She was e tal zenegger signed a host of child to the court. Another trial or an appellate court recognized for increasing n a P new bills during the final bill, Assembly Bill 2216, es- for a career of distin- access to the courts and k month of the 2005–2006 tablishes a new California guished judicial service. building partnerships Chee legislative session that Child Welfare Council. The The award was presented between local courts and r e promise to make substan- council will make recom- on behalf of AJS by retired community programs to f

tial changes and improve- mendations to improve U.S. Supreme Court Jus- address issues such as Jenni

34 C a l i f o r n i a C o u r t s r e v i e w C o u r t B r ie f s C o u r t B r ie f s

substance abuse, juvenile Judge Rodney A. Cortez, Judge Sandra Bean, Supe- Judge Bobbi Tillmon, delinquency, homeless- Superior Court of San rior Court of Alameda Superior Court of Los ness, and mental health. Bernardino County County Angeles County The award was pre- Judge Gonzalo P. Curiel, Judge Cara Beatty, Su- Judge Hayden A. Zacky, sented by the Fresno Bee Superior Court of San perior Court of Shasta Superior Court of Los and the Marjaree Mason Diego County County Angeles County Center, an organization Judge Loretta M. Giorgi, Judge Sheila F. Hanson, that provides support The following judges de- Superior Court of San Superior Court of Orange services for women and parted from the bench. Francisco County County children victimized by Judge Paul H. Alvarado, Judge Helena R. Gweon, Judge Susan L. Lopez- abuse and homelessness Superior Court of San Superior Court of Sacra- Giss, Superior Court of in Fresno County. Francisco County mento County Los Angeles County Judge Michael Richard Judge Dzintra I. Janavs, Judge Daniel J. Lowen- Cummins, Superior Court Superior Court of Los thal, Superior Court of Judicial Branch of Stanislaus County Angeles County Los Angeles County Honors Senator Judge Robert H. Gallivan, Judge Kathleen M. Lewis, Judge Steve Malone, Don Perata Superior Court of Orange Superior Court of San Superior Court of San County At its December business Diego County Bernardino County meeting, the Judicial Coun- Judge John E. Griffin, Jr., Judge Kristen A. Lucena, Judge Michele McKay cil presented Superior Court of Stan- Superior Court of Butte McCoy, Superior Court of state Senator islaus County County Santa Clara County Don Perata, Judge Franklin P. Jones, Judge Mark Mandio, Judge Daviann L. Mitch- president pro Superior Court of Fresno ­Superior Court of River- ell, Superior Court of Los tem, with a res- County olution and an side County Angeles County Judge Morris B. Jones, award for his Judge James E. McFet­ Judge William J. Mo- Superior Court of Los leadership and ridge, Superior Court of nahan, Superior Court of Angeles County commitment to Sacramento County Santa Clara County Judge Robert F. Moody, State Senator preserving ac- Judge Don Penner, Su- Judge Lynn Diane Olson, Don Perata Superior Court of Mon- cess to justice perior Court of Fresno Superior Court of Los terey County in California. County Angeles County Under his leadership, the Judge William D. Judge Stephen M. Pulido, Judge David Rubin, Su- Legislature in 2006 autho- O’Malley, Superior Court Superior Court of Alameda perior Court of San Diego rized 50 new judgeships, of Contra Costa County County County facilitated the transfer Judge William R. Patrick, Judge Timothy W. Salter, Judge Deborah L. San- of courthouses from the Superior Court of Butte Superior Court of Stan- chez, Superior Court of counties to the state, and County ensured a salary adjust- islaus County Los Angeles County Judge John G. Schwartz, ment that is essential to Judge Thomas D. Zeff, Judge Roderick Shelton, Superior Court of San recruiting and retaining Superior Court of Stan- Superior Court of San Mateo County highly qualified judicial islaus County Diego County Judge Susanne S. Shaw, officers. Judge Lillian K. Sing, Superior Court of Orange The following elected Superior Court of San County judges took office on Francisco County January 8. Judge D. Robert Shuman, n Milestones Judge David W. Stuart, a Superior Court of Sacra- Judge Tom Anderson, Superior Court of Los The Governor announced Superior Court of Nevada mento County

nne Be Angeles County a the following judicial ap- County

Suz pointments.

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No Judge Is an Island By James M. Mize

“ don’t have time for another com- Your law school, judicial college, and request) to join Judicial Council advisory I mittee—besides, what difference New Judge Orientation told you what committees and task forces as a service would it make anyway?” the law was. Your advance sheets and to themselves and to the legal commu- These are fair considerations that CJER/CJA classes keep you current on nity. His exhortations are not inconse- should be addressed before anyone as- what the law is. Committee and/or task quential. Either we continue to improve sumes the awesome responsibility of force service is unique because it helps ourselves individually along with the sys- serving on a Judicial Council or California you understand what the law will be. In tem of which we are a part or we cannot Judges Association (CJA) advisory com- fact, knowing where the law has been complain when the public (through the mittee or a Judicial Council task force. and where it is going is the finest way to Legislature or initiative) imposes upon us I believe there are two reasons that you truly understand where it is NOW, for “corrections” that erode the foundations should consider it seriously: (1) you will re- the case you are hearing today. of a strong and impartial third branch. ceive significant opportunities for personal But that is not all. How often do we Here are a few of the advisory com- professional growth, and (2) you will invig- grumble about how the public misun- mittees or CJA committees open for orate and strengthen the justice system. derstands the work we do, how valu- your application: Access and Fairness, No judge can survive as an island. able it is to them and to our country and Appellate, Civil and Small Claims, Col- While an island may have incredible nat- yet how constrained we are by current laborative Justice Courts, Criminal Law, ural resources and a highly skilled work- laws and procedure and our Constitu- Family and Juvenile Law, and Probate force, if it is not continually refreshed tions? Educating people is one way we and Mental Health. with new shipments from the outside can help them be more satisfied with There are task forces in diverse areas world, its residents will perish. Likewise, our performance—but education is not such as Probate Conservatorship, Sci- a judge may have considerable intelli- the only way. A second option would be ence and the Law, Self-Represented gence, education, and training, but if he simply to attempt to improve the laws Litigants, and Court Facilities. or she does not keep acquiring knowl- and procedures themselves. For a complete list, go to the Califor- edge, believing him- or herself to be self- To this end, perhaps the primary func- nia Courts Web site at www.courtinfo sufficient, at best the judge will continue tion of Judicial Council and CJA commit- .ca.gov and click on the Judicial Council the same performance regardless of how tees is the review of current and proposed link and then on the Advisory Commit- out of date the work has become. laws and procedures in all substantive ar- tees link, or go to the California Judges Having drained the meaning out of eas in order to ensure that they function Association’s password-protected Web that metaphor, I will now be more direct. well. To the extent we have laws, rules, site and click on the Committees link. Every judge understands the obligation and forms that are inconsistent and/or Membership applications to Judi­ to keep informed. Many do it by simply confusing, we lose the public’s trust and cial Council advisory committees are doing the research necessary whenever a confidence in the judicial system, even accepted each spring for submission new case is presented for decision. Many if those laws were created by legislators by June 30. Applications for task force others also read the advance sheets and and not by judges. To maintain that trust memberships and CJA committee mem­ legal periodicals and/or attend classes we must continually work to improve the berships are accepted periodically sponsored by the California Judges As- tools of our everyday operations. Our Ju- throughout the year. sociation or the Administrative Office dicial Council and CJA substantive and of the Courts’ Education Division/Cen- procedural law committees are, in fact, James M. Mize is assistant presiding ter for Judicial Education and Research the workshops where the best of us gather judge of the Superior Court of Sacra- (CJER). These are all necessary and ap- to make our good system even better. mento County, a past-president of the propriate, but they are not enough. Our Chief Justice, Ron George, has en- California Judges Association, and a Judicial Council and CJA committees couraged all established judges (newly former member of the Judicial Council. serve a function unmet by these efforts. sworn judges get a short reprieve on this

36 C a l i f o r n i a C o u r t s r e v i e w Courts Seek Interpreters

FEATURE

person. He called his friend, the Hon- I mentioned the problem I was orable John Arguelles, then a superior down the street on Garvey Avenue. having with that class to Roger, who court judge in Pomona, and told him “You can earn $1.45 an hour as a box had graduated from Claremont Men’s that he had someone in his o ce the boy and have a chance to better your- College, as it was known then. As I judge ought to meet. I did meet with self.” He gave that advice even though talked with him about my di cul- Judge Arguelles, and he told me to con- I know I helped him a lot in running ties, he asked if I would be willing to tact him after I had completed college the store, and he would be losing that spend some time with him so that he to talk about law as a possible career. help if I left. Both the liquor store and could tutor me. Despite his demanding Two years later I nished my un- the market are still in operation; the schedule of work and law school, he dergraduate education at Whittier liquor store is now called Roy’s. sacri ced precious time with his wife, College, and I called Judge Arguelles. On Joe Schwartz’s advice, I did go Maureen, and his own young family to He invited me to lunch at the Pomona to Beach’s and ended up working vari- hold a series of tutorial sessions with Courthouse, where he introduced me ous shifts at night and on weekends. I me on Sunday evenings at his mother’s to several colleagues.  ese included worked throughout high school, even home in nearby El Monte. Judges Carlos Teran and Charles A. though I also played sports. After Within a few weeks I had gained Vogel, recently appointed to the supe- school and two or three hours of prac- the knowledge I had been missing and rior court. Inspired by that meeting, I tice, I would work until late at night didn’t need tutoring any more, but decided to go to law school, and Judge The AOC is and then go home for a couple hours of Roger still checked with me now and Arguelles and his colleagues all wrote homework and some sleep. Needless then to see how I was doing. Roger letters of recommendation, which I’m recruiting to say, even though I applied myself, went on to graduate from UCLA Law sure played a signi cant role in my be- my grades were not exemplary. When School and become a Los Angeles ing accepted at Loyola Law School. it came time to apply to four-year col- County deputy district attorney. I went When I graduated and started with candidates in leges, I found my academic record was on to complete my chemistry course the Orange County district attorney, not good enough. So I enrolled at East with a very respectable B+ grade. Roger Judge Arguelles became my mentor, Los Angeles Junior College as a full- recently retired after 35 years in the advising me on my various assign- seven priority time student, taking classes at night district attorney’s o ce. ments. Although I do not know for sure while still working almost full-time I met my fourth person in an odd that he was the reason for my appoint- shifts at the grocery store. As I recall, way, and he led me to my fth. Hav- ment to the municipal court bench by languages: I was the rst ELAJC night student to ing lost time because of my mediocre Governor George Deukmejian in 1983, graduate in three semesters. performance in high school, I was de- it wouldn’t surprise me; I know the two I married my high school sweetheart termined to leap forward as quickly as were, and still are, close. in 1969 and continued my education. possible. However, there was a limit to So these ve people—an elemen tary Working in the grocery business put the number of units that ELAJC would school teacher, a liquor store owner, a Spanish me through college and law school and allow me to take at one time. In order coworker, a junior college dean, and a supported my budding family until I to take more units so I could gradu- superior court judge (later a Supreme got my rst job as a lawyer. ate in three (instead of the usual four) Court justice)—each brought some- At Beach’s Market I met the third semesters, I registered for classes under thing special into my life to make me Mandarin person who profoundly a ected my two names: Manuel A. Ramirez and M. who I am today.  ey exemplify the life: Roger Gunson. He stocked shelves Angelo Ramirez. When I petitioned for American people’s generosity, which on the 1–to–10 p.m. shift  ursday graduation, the administration was not is the reason that I, a humble son of through Sunday, and I usually worked happy with my stratagem and referred humble citizens born in humble sur- Cantonese the 7 a.m.–to–3 p.m. shift. He was at- me to Bernard Butcher, Dean of Dis- roundings, could join a gathering of tending UCLA Law School, which did cipline. After scolding me severely for distinguished California jurists for the not mean much to me at the time. What my circumvention of the rules, Dean Court of Appeal centennial celebration did mean a lot to me was the di culty Butcher rose up from his chair and that was held last April in a grand hotel Tagalog I was having with my introductory came around the desk toward me. He within walking distance of the neigh- chemistry class. By the end of the rst was a huge man, and I thought for a borhood of my youth. As I have the two weeks of the class, I knew I was in moment that he was so upset with me privilege of reciting, I am forever grate- Korean trouble and confronted the prospect of he might do me bodily harm. Instead, ful to them. falling further behind every week and he smiled and gave me the warmest potentially failing the class. I was often congratulations I had ever received. Manuel A. Ramirez is the presiding taking 18 units and working 32 hours Needless to say, I was pleased—and justice of the Court of Appeal, Fourth Vietnamese per week; it was hard to keep up on relieved! Appellate District, Division Two, in good at, never mind the classes I was He then did something that set me Riverside. chemistry! on the path to my fth inspirational 21 Arabic

WINTER 2006

Spread the Word! www.courtinfo.ca.gov/interpreters Help Defend The Impartiality of the Courts Preserving an independent and impartial justice system is not just a good idea—it’s fundamental to our rights under the Constitution.

Join the dialogue! Speeches, reports, and other resources for the public can be found at www.courtinfo.ca.gov/jc/sp/impartialcourts.htm Tool kits and resources for judges and court staff (including complete materials from the 2006 Summit of Judicial Leaders) are available at http://serranus.courtinfo.ca.gov/jj/toolkits/impartialcourts http://serranus.courtinfo.ca.gov/programs/meetings/2006summit

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