June 2016 Volume 47, Issue 6 The Marin Lawyer An Official Publication of the Marin County Bar Association MCBA MEMBERS LUNCHEON In This Issue WED, JUNE 29, 2016 | 11:45 AM – 1:30 PM President’s Message ........................ 2 Nonprofit Profile: 10,000 Degrees ....3 2016 U.S. Supreme Court Update June Member Lunch: Rory Little .... 4 Important Decisions & Filling the Supreme Court Scalia and Ginsburg ........................ 4 Vacancy: Facts and Politics Recap: May Veterans Lunch ............. 6 Speaker: Professor Rory Little Profile: Hon. Stephen Freccero ....... 8 Constitutional Law Professor, UC Hastings Recap: Freccero Induction .............. 9 Judges Corner: Roy Chernus ........ 10 RESERVE TODAY! Event will sell out. Review: Schwartzbach Memoir .... 11 The Club at McInnis Buffet Lunch Fed & State Salary Hikes .............. 12 1 General CLE Libel and Social Media ................. 13 $45 MCBA members / $55 nonmembers / $65 walk-ins New Members ............................... 14 Details & Registration | More Info on Page 4 Calendar Details ............................ 15 Marketplace ................................... 16 MARIN MIDSUMMER MIXER Calendar of Events WED, JULY 20, 2016 | 6:00 – 8:00 PM Second Annual MCBA & CalCPA Happy Hour Thu, June 9: 12:00 – 1:30 PM Real Property Section Meeting Enjoy socializing with your colleagues over wine & appetizers. Tue, June 14: 12:00-1:30 PM 999 Fifth Avenue, San Rafael on the patio Labor & Employment Section Meeting $25 MCBA& CalCPA members / $35 nonmembers Wed, June 15: 12:00 – 1:30 PM Details & Registration Probate & Estate Planning Section Meeting Tue, June 21: 12:00 – 1:30 PM MCBA MEMBERS LUNCHEON Probate & Estate Planning Mentor Meeting WED, JULY 27, 2016 | 11:45 am – 1:30 PM Thu, June 23: 12:00-1:30 PM Overcoming Racial Bias: Construction Law Section Meeting A continuing challenge for the legal profession June 29: 11:45 AM – 1:30 PM Panel Discussion MCBA Members Luncheon 2016 Update on U.S. Supreme Court Rulings Manny Fortes, Speaker TBA Wed, July 20: 6:00 – 8:00 PM Moderated by DorothyStaff Attorney, Chou Proudfoot San Francisco Office of Citizen Complaints Second Annual MCBA & CalCPA Midsummer Mixer The Key Room Buffet Lunch $45 MCBA members / $55 nonmembers Wed, July 27: 11:45 AM – 1:30 PM .5 CLE Bias & .5 CLE Ethics MCBA Members Luncheon Details & Registration Racial Bias The Marin Lawyer editorial team thanks June Guest Editor Dorothy Chou Proudfoot. See page 15 for details & more events. 1 The Marin Lawyer PRESIDENT’S MESSAGE coach Mock Trial. Our volunteers have reached out to Marin high school students providing guidance, informa- Community: tion skills and opportunities. Today, I want to focus on the Giving and Teaching MCBA Legal Education Scholarship program. By Larry Strick The MCBA Legal Education Scholarship program The job of a lawyer carries with provides funds to financially disadvantaged students pur- it a special role in our county’s ad- suing a law school degree with scholarships up to $5,000. ministration of justice. While often Funded with contributions from the MCBA, it’s a col- wrongfully maligned in many com- laboration with 10,000 Degrees and Marin Community munities, attorneys take leadership Foundation (MCF) which administers the fund. Established roles in numerous philanthropic in 2010, the MCBA Legal Education Scholarship program organizations. I know many of our MCBA members serve was launched with a $50,000 contribution to provide finan- throughout the county to help causes large and small. cial assistance to deserving students. Overwhelmingly, attorneys are generous with their time The success of the scholarship program is unquestion- and financial contributions. As a rule, our members do not able. To date, we have given away $33,000.00 in scholar- seek praise or recognition. As a group, they strive to do ship funds to nine local students, many who have served the right thing. legal nonprofits in Marin. On behalf of the MCBA Board, I The campaign for Food for the Bar ends June 10 and want to thank all of our donors. This year, we have received MCF has provided a challenge grant. Thank you to our mem- $16,656 in new funds to expand our scholarship recipients. bers for making a difference to alleviate hunger in Marin. Applications for the 2016 Scholarship are being so- Let me also take this opportunity to publicly thank licited right now; the last day to apply is June 30. If you those who volunteered with the recent Teens & the Law are aware of an individual who may benefit from this great event (chaired by Patricia Medina) and our members who program and meets the qualifications (see MCBAwebsite ) please spread the word. It is the right thing to do. 2016 MCBA SPONSORS SILVER SPONSORS BRONZE SPONSORS Bank of Marin Foley & Lardner, LLP Ayanna Jenkins Toney Williams & Gumbiner, LLP LEADERSHIP CIRCLE Elizabeth Brekhus, Esq. Gertler & Chavez LLP Gary Ragghianti, Esq. Susan Feder, Esq. Nassiri & Jung, LLP James Sell, Esq. Peter Flaxman, Esq. Steven Nielsen, Esq. Lawrence Strick, Esq. Freitas Law Firm LLP Interested in joining the Leadership Circle? Contact Mee Mee Wong at 415-499-1314 2 The Marin Lawyer MCBA Legal Scholarship Applications Due June 30, 2016 NONPROFIT PROFILE 10,000 Degrees Each year 10,000 Degrees receives numerous applications for our special legal scholarship. By Kim Mazzuca, CEO These scholarships are funded by generous Now in our 35th year, 10,000 Degrees continues to donations by our many members and friends. do what we do best: Help students from low-income, first-generation backgrounds find a path to and through How can you help? Please let your alumni law college. The organization’s vision is that regardless of race, school know about this scholarship and encour- ethnicity, or socioeconomic status, every student should age eligible students to apply. have the opportunity, support, and resources to achieve a college degree and maximize their potential. 100% of the More Info students we serve come from low-income families, 90% are first-generation students, and 84% are students of color. Two hallmarks of the 10,000 Degrees Program are its Institute, which supports students while they are in high Each year, 10,000 Degrees reaches more students and school, and its College Success program, which supports families through their comprehensive program: students while they are in college. These programs help • College tours 10,000 Degrees achieve greater educational equity in the • College and financial aid workshops North Bay, increase college enrollment, and most impor- tantly, raise graduation rates among groups that have been • Intensive college prep historically underrepresented in higher education. 84% of • Scholarships and financial aid management the 10,000 Degrees students who enroll at four-year col- • Advising during college leges or universities graduate within six years, versus 54% To learn more about 10,000 Degrees and how you can of all students nationwide. join the I AM ONE DEGREE movement, please visit our 10,000 Degrees is also able to provide significant fund- website, www.10000degrees.org ing for its students, awarding $2.8 million in scholarships while leveraging an additional $18 million in free financial aid. On average, 10,000 Degrees students graduate with 1/6 the loan balance of students nationally. We are proud to administer the annual MCBA Legal Scholarship, which has supported ten law school students over the past five years, several of whom are now practicing law in Marin. 10,000 Degrees is able to support more than 4200 students and their fami- lies in Marin and Sonoma counties with 35 full time staff and more than 200 volunteers, many of whom serve as mentors for students in high school. To learn more about how you can become a mentor, please contact Megan Topping at [email protected]. 3 The Marin Lawyer MCBA MEMBERS LUNCHEON WED, JUNE 29, 2016 | 11:45 AM – 1:30 PM 2016 Supreme Court Update Facts and Politics: Filling the Supreme Court Vacancy & Other Important Decisions Speaker: Professor Rory Little Constitutional Law Professor, UC Hastings RESERVE TODAY! Event will sell out The Club at McInnis Buffet Lunch $45 MCBA members / $55 nonmembers / $65 walk-ins Details & Registration 1General CLE In addition to his annual report on recent important cases in front of the U.S. Supreme Court, Professor Little will share his insights about the open seat on the bench. What are the constitutional requirements for filling a vacancy on the U.S. Supreme Court? What is the history of nominations to the court? How will politics affect the current situation? What key issues before the court could change dramatically? Rory Little is a constitutional law and U.S. Supreme Court scholar and teaches at UC Hastings College of the Law. Professor Little is a Supreme Court scholar who is often asked for his expert opinion about legal cases and issues on television and radio. He is also is also a friend of Judge Merrick Garland, President Obama’s Supreme Court nominee. Scotus Blog Summer Reading: Good Reads recommends books about Supreme Court 4 The Marin Lawyer Scalia and Ginsburg ideas on the most divisive issues in our country and yet they were close friends. Their families vacationed together. By Edmond McGill They spent holidays together and Antonin and Ruth very You would have a hard time much enjoyed attending opera together. This is the very best finding two judges further apart in of what lawyers and judges do and, in the long history of their philosophies and beliefs about American jurisprudence, no others ever did it better than how the United States Supreme Antonin Scalia and Ruth Bader Ginsburg. Court is to construe the Constitution In remembering Justice Antonin Scalia, we need not than Supreme Court Justices Anto- agree or disagree with his numerous written opinions or nin Scalia and Ruth Bader Ginsburg.