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March/April 2012

Justice Robie Honored byState Water Comission

Justice Robie Honored byState Water Comission

Retired Presiding Justice Arthur Scotland (left) and Justice Ronald B. Robie

3MARCH/APRIL 2012 � SACRAMENTO LAWYER

Editor’s Message

4 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

ne of the pleasures of practicing law in Sacramento isthat you eventually get to visit all the various court-

houses in the outlying areas, each with its own unique style, his-tory, and architecture. Judges, I’ve come to realize, are a lot likecourthouses. Each has their own unique style, history, and -- ifnot architecture -- at least their own unique way of doing things.

I recently completed a short, three-day jury trial in whichthe trial judge did something I had never seen before; norapparently a more senior colleague whom I spoke with whohas been doing jury trials for more than 30 years. During bothpre- and post-trial jury instruction, the trial judge came downfrom the bench, grabbed a lectern and proceeded to instructthe jury on the law from the well of the courtroom – asopposed to from on high. In addition, prior to opening state-ments, the trial judge went through about an hour and a-halfslide show with the jury explaining the process, the role of theattorneys and courtroom personnel and some of the more dif-ficult legal concepts they would be dealing with – such as thedifference between direct and circumstantial evidence.

All and all I thought it was an interesting and useful exer-cise. I don’t know about you, but I don’t process as wellthrough my ears as I do through my eyes. Yet we expectjuries to comprehend a convoluted set of instructions that areread to them, without interruption, whether they are track-

O

EDITOR-IN-CHIEFJack Laufenberg - [email protected]

STAFF EDITORSHeather Cline Hoganson

SACRAMENTO LAWYER POLICY COMMITTEESamson R. ElsberndHelene FriedmanDavid GraulichCoral Henning

Yoshinori H.T. HimelJack Laufenberg

COURTHOUSE [email protected]

SURFING FROM RIVER CITYCoral Henning (916) 874-6013

[email protected]

ADVERTISING - EVENTSMEMBER CLASSIFIED ADS

Michelle Bender (916) 564-3780 [email protected]

DESIGN AND [email protected]

EXECUTIVE DIRECTORCarol Prosser

OFFICERSJune Coleman - President

Jean-Pierre Francillette - 1st Vice PresidentBruce Timm - 2nd Vice PresidentStacy Moak - Secretary Treasurer

BOARD OF DIRECTORSDIRECTORS AT LARGE

Mark SlaughterKatie PattersonSonia FernandesTheresa La VoieRichard Miadach

Jeannie Lee William SchuetzSabrina ThomasDan Graulich

SACRAMENTO LAW FOUNDATIONStephen Duvernay,

saclawfoundation.org

AFFILIATE REPRESENTATIVESAsian Bar Association (ABAS)

Angela LaiBarristers’ Club

Dan TichyCapitol City Trial Lawyers

Jack VetterFederal Bar Association

Meghan BakerHellenic Law Association of

Sacramento (HELLAS)Vasilios Spyridakis

LaRazaMichael Terhorst

Leonard M. Friedman Bar AssociationJeff Levine

Saint Thomas More Society of Sacramento (STMS)

Herb BolzSacramento Lawyers for

the Equality of Gays and Lesbians (SacLegal)

Jeff Edwards

By Jack Laufenberg

Judges are Like Courthouses -All of Them Different

ing the information or not. Yes, I know, the jury instructionsgo into the jury room with them, but how many of us everreally read the instructions anyway? Whether the court’sefforts helped, I don’t know. You’d have to ask the jurors.But at least it demonstrated a willingness on the part of thecourt to provide jurors more meaningful instruction thanjust a perfunctory reading of the instructions.

I also liked the fact that the judge came down off thebench to talk to the jury. You could see they were moreengaged, and, to a certain extent, more terrified, to have theactual judge standing so close to them. But that onlyseemed to keep them more on their toes.

I don’t know if that’s a recipe I would like to see all judicialofficers to follow. I like the fact that judges are different, evenif some of those differences are not as pleasant as others. But itseemed to work for this particular judicial officer, as there wasnever any doubt as to who was in charge of the courtroom.

Sometimes pomp and circumstance is overrated.But that’s the beauty of getting to practice in manycourthouses.

SACRAMENTO COUNTY BAR ASSOCIATIONMAGAZINE


Table of ContentsV O L U M E 1 1 3 , N U M B E R 2 • M A R C H / A P R I L 2 0 1 2

Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the SacramentoCounty Bar Association, 1329 Howe Avenue,#100,Sacramento, CA 95825. Issn 1087-8771.Annual subscription rate: $6.00 included inmembership dues, or $24.00 for nonmembers.Periodicals postage paid at Sacramento,California. Postmaster: Send address changes toSacramento Lawyer, 1329 Howe Avenue, #100,Sacramento, CA 95825. Copyright 1999 by theSacramento County Bar Association.

Each author’s commentary reflects his/herindividual opinion only and not that ofhis/her employer, organization with whichhe/she is affiliated, or Sacramento Lawyermagazine, unless otherwise stated.

Sacramento Lawyer welcomes letters and article suggestions from readers. Please e-mail them to [email protected]. The Sacramento County Bar Association reserves the right to edit articles and letters sent in for publication. Please contact SCBA 916-564-3780 x200 for deadline information, fax 916-564-3737, or e-mail [email protected]. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.

South Asian Bar AssociationNirav Desai

Wiley Manuel Bar AssociationAlana Mathews

Women Lawyers of Sacramento Jamie Errecart

COMMITTEE / SECTION REPRESENTATIVES

Lawyer Referral and Information Service (LRIS)Don Hansen

Conference of DelegatesAndi Liebenbaum

Indigent Defense Panel (IDP)Kevin Adamson

Section RepresentativeDaniel Yamshon

Voluntary Legal Services Program (VLSP)Victoria Jacobs

SECTIONSAdministrative Law

Heather Cline Hoganson

Alternative Dispute ResolutionKen MalovosAppellate LawStephanie FinelliBankruptcy &

Commercial Law Aaron AveryBusiness Law Sarra Ziari

Children’s Counsel Diane Wasznicky

Environmental LawOsha MeserveFamily LawJudith WinnHealth CareBrian Taylor

Labor & Employment LawJason Jasmine

Probate & Estate PlanningThomas ReidReal PropertyGregg PhillippTax Law

Ciro ImmordinoWorker’s Compensation

Ohnmar Shin

COMMITTEESBylawsBJ Susich

Continuing Education of the BarDaniel Yamshon

Diversity Hiring and RetentionLinda PartmannElectronic Media

Coral Henning / Heather HogansonFee Arbitration

Ken BaconJudicial ReviewPhilip R. Birney

JudiciaryDiane W. WasznickyLong Range Planning

Bunmi AwoniyiMembershipHeather Candy

Pictorial Directory Herb Bolz

Sacramento Lawyer PolicyJack Laufenberg

LITIGATION10 A View from the Civil Trial Bench: The Courtroom as Arena – Positioning is Everything

LAW LIBRARY NEWS14 County Law Library Relocates to 9th Street27 Sixth Annual “Legal Research in the Real World” Workshop – May 23rd

PROFILES16 Lawyer Lore: Criminal Defense Attorney William “Bill” Portanova

COVER STORY18 State Water Project Facility Re-Named in Justice Robie’s Honor

EVENTS22 Annual Meeting Shows SCBA Moving Forward

SECTION & AFFILIATE NEWS28 Appellate Law Section Hosts Jubilant Wine and Cheese Reception30 IDP Hosts Christmas Party32 Barristers’ Club Update

COMMUNITY SERVICE24 VLSP’s Pro Bono Services – Why They Volunteer26 State Bar Seeks Nominations for 2012 Awards

35 Calendar35 Index to Advertisers

18

22

DEPARTMENTS4 Editor’s Message6 President’s Message12 Law Library News13 Surfing from River City

SCBA Members Connected to theCourts in Multiple Ways

By June D. Coleman

President's Message

6 SACRAMENTO LAWYER � MARCH/APRIL 2012

I write this message inJanuary, the judiciary

and the judicial system are prominentdiscussion points everywhere I turn.It’s not uncommon that I hear somereference to the judiciary or the judi-cial system every day. In part, that’sbecause I’m a member of theSacramento County Bar Association.Many members may not realize howconnected they are to the judiciarythrough their SCBA membership.

Let me start by extending a wel-come on behalf of SCBA to our newpresiding judge of the SacramentoCounty bench, Judge Laurie Earl,and the new assistant presiding judge,Judge Robert Hight. Judge Earl hasannounced new judicial assignmentswhich began in late January and arerecapped below:

Criminal Volume CourtsDept. 4 – Judge Jim ArguellesDept. 3 – Judge Gary Ransom (Ret.)Dept. 8 – Judge Kevin McCormickDept. 9 – Judge Gary Mullen (Ret.)Dept. 60 – Judge Curtis FioriniDept. 61 – Judge Tami BogertDept. 62 – Judge John Winn

VOP CourtNo changes; Judge Ben Davidian

to remain in night court. *Judge Russell Hom will contin-

ue in his role as supervising judge ofthe misdemeanor home courts andVOP Court.

*Judge Larry Brown will assumethe role of supervising judge of thefelony home courts.

Juvenile DelinquencyDept. 92 – Judge Delbert Oros

Juvenile DependencyNo changes; Judge Stacy Boulware

As Euriewill continue in her role as super-vising judge of the juvenile delinquencyand dependency courts.

Law and Motion (Depts. 53 & 54)

No changes; Judge David I.Brown to remain in Dept. 53 andJudge Shelleyanne W.L. Chang toremain in Dept. 54.

Family LawDept. 125 – Judge Kevin Culhane*Judge Matt Gary will assume the

role of supervising judge of family law.

CivilComplex Civil – Judge Raymond

CadeiDesignated Civil Judges:Judge David AbbottJudge Judy Holzer HerscherJudge Alan Perkins*Judge Robert Hight will continue

in his role as supervising judge.

The SCBA has a great relationshipwith its local benches. The SacramentoCounty bench, the California ThirdDistrict Court of Appeal, and theEastern District federal bench all pro-vide updates to the Sacramento legalcommunity at the SCBA Bench BarReception, and also to the SCBA Boardat its January meeting.

This year, when Judge Earl, alongwith Judge Hight and Judge Gary, metwith the SCBA Board, she focused onsome changes to the SacramentoCounty Rules of Court. For instance,the Sacramento court has initiated aCivil Trial Readiness Notification pro-gram. Litigants are required to com-plete the online notification 3 to10days before trial. When everyone com-pletes the online notification, the courtexpects to be able to notify litigants on

Friday if a courtroom is not be avail-able. This early notification will begreatly appreciated by attorneys whowould otherwise have to work allweekend only to discover Mondaymorning that there are no courtrooms.This early notification system will alsogive counsel greater agility in schedul-ing witnesses, including experts.

Judge Earl and Judge Hight spokeabout the expedited jury trials that havebeen conducted in Sacramento County.Juries are excited to participate in one-day expedited trials. Verdicts have beenawarded for both plaintiffs and defen-dants. Expedited jury trials can be usedon small and high-dollar cases. This isan excellent option to allow attorneyswith little or no trial experience to trycases and develop experience. Andinsurance companies supported the leg-islation that created expedited jury tri-als. Finally, it is anticipated that expe-dited jury trials will secure a courtroomquicker than the average time for a caseto go to trial. Judge Gary spoke of theextremely long lines at the family lawcourthouse and the greatly increasednumber of trials.

The SCBA is connected to theSacramento County bench in a num-ber of ways. The SCBA participates inthe Sacramento County PresidingJudge Civil Advisory Committee,which advises the presiding and assis-tant presiding judges on various issuesrelated to efficiency and procedure incivil litigation. In addition to theSCBA President, the Civil AdvisoryCommittee include the followingmembers: Association of DefenseCounsel member Scott Donald,SCBA 2002 Distinguished Attorney ofthe Year Roger Dreyer, ScottGassaway, Karen Jacobsen, CapitalCity Trial Lawyers AssociationPresident Mike Jones, SCBA 2003


SCBA Distinguished Attorney of theYear Charity Kenyon, former SCBAPresident Bill Kershaw, AmericanBoard of Trial Attorneys member WaltLoving, David Perrault, NancySheehan, Bill Warne, Wendy York,and Bob Zimmerman. SCBA’s partici-pation in this advisory committeeallows SCBA members to have aninside track in giving the court feed-back regarding civil litigation efficien-cy and court procedure. If you havesome thoughts, please contact me sothat I can raise them with the court.The Civil Trial Readiness Notificationprogram, which had its genesis in theCivil Advisory Committee, is an exam-ple of what can be accomplished whenwe all put our heads together.

The Sacramento bench also has acriminal advisory committee and a fam-ily law advisory committee. The crimi-nal advisory committee receives inputthrough the SCBA Indigent DefensePanel program, as well as other criminallaw stakeholders, such as the DistrictAttorney and the Public Defender. It’sthrough these types of open lines ofcommunication that SCBA membersare kept informed about new orchanged procedures and the issues thatare affecting the various local benches.

Another way in which we are connect-ed to the bench is through the SCBAFamily Law Section’s ExecutiveCommittee. This committee meets regu-larly with the family law bench to discussthe myriad of issues facing the court inlight of recent budget cuts and ever-increasing demand. This open dialogueallows the family law bench and theExecutive Committee to work coopera-tively towards developing better family lawprocedures and efficiencies for the court.Family law judges and the ExecutiveCommittee are currently trying to addressthe long lines and increased delays inhearing family law trials in the court-house. It is a work in process. Havingaccess to this information and having ameans of funneling ideas and commentsto our local benches is one of the intangi-ble benefits of SCBA membership.

One issue that was repeatedly dis-

cussed at the most recent SCBA Boardmeeting was court funding. This is nota local problem. Federal District JudgeMorrison England reported to theBoard recently that for more than adecade the Eastern District has beencited as the district with the largest caseload of any district court, with approxi-mately 1,200 cases per judge per year.The average federal caseload, JudgeEngland said, is approximately 450cases per judge per year. But because ofthe Eastern District’s large geographicarea -- and the fact that it houses moreprisons than other districts – it isauthorized to have 12 magistrates when7 to 8 is more the norm for the numberof judges in the Eastern District. JudgeEngland said the Eastern District is alsoparticipating in a pilot project that pro-vides for additional law clerks. He alsosaid the Eastern District has created amediation program which they hopewill cut down on the court’s caseload.

Judge Garland Burrell is taking

senior status on the federal bench inSacramento in July. Presiding JudgeAnthony Ishii is also taking senior sta-tus on the federal bench in Fresno inOctober. This will have a huge impacton caseloads, Judge England said,especially since Sacramento DistrictJudge Frank Damrell retired from sen-ior status last fall. Any delay in replac-ing retiring judges, Judge England said,will mean the Eastern District will havean even greater caseload.

Judge England explained thatCalifornia Senator Dianne Feinsteinhas already proposed a few candidatesto President Obama to be JudgeBurrell’s replacement. The SCBA ishopeful that the process will movequickly and someone will be con-firmed by the August recess. But giventhe upcoming national elections, it isprobable that vacancies will not befilled for more than a year.

Judge England indicated there addi-

Continued on page 15

Where you stand makes a difference

English law, it all beganwith four benches – made of stoneslabs filled with earth and sand andcovered with mats – set in a square toform “the well.” The benches definedthe area of the court and the actionthat would take place within it.1 Italso set the boundaries for physicalmovement during a trial.

In 1994, former FederalMagistrate Judge Jeffrey Wolfe con-ducted a study involving twenty-seven mock jury trials. Jurors wereasked to rate opposing attorneys onpersuasion, control and power basedon the advocate’s physical location ina traditional courtroom. The studydivided the well area into four quad-rants and attorneys were assigned totwo different locations during thetrial. The results, which are discussedin the Pepperdine Law Review2 and inthe American Journal of Trial Advocacy,3

confirm what trial judges’ experienceon a daily basis: an advocate’s effec-tiveness as perceived by the jury isdependent at least in part upon hisphysical location in the courtroom.His or her location can enhance ajuror’s sense of connection to theparty and the case or distract from it.

How far you stand fromthe jury box during trialdoes matter

Courtroom studies have conclud-ed that attorneys who stand less than

30 inches from the jury railing or boxare too close to the jury box. Thatwould be a point just outside easytouching distance from the bottomrow of jurors. This is because the area18 to 30 inches surrounding an indi-vidual is the space within which aclose friend is entitled to venture,something which an advocate is not.In our culture, four to seven feet isconsidered a close but comfortabledistance for people to keep from oneanother, while beyond that is consid-ered a normal work or appropriate‘impersonal’ distance.4

When an attorneydecides to move closer to the jury box is alsoimportant

Different schools of advocacy pro-mote moving in close to the jury boxearly on in the trial, while others sug-gest a more gradual approach.Whatever the distance, the goalappears to gain the juror’s attentionand trust through movement. Allagree, however, that before moving incloser, an attorney needs to build botha rapport and a sense of trust with thejury. This technique recognizes that ifan attorney gets close physically to thejury too quickly during the trial,jurors literally will move back in theirchairs, away from the attorney—andperhaps from the appeal of their clientand case-- and become distressed bythe intrusion.5 This often does notbode well for the case.

“As soon as the jury is empan-elled, they are twelve people apart,

Litigation


In

A VIEW FROM THE CIVIL TRIAL BENCH: The Courtroom as Arena -- Positioning is Everything

Judge Judy Holzer Hersher

separated from the rest of the court-room by the jury box and rail. How toclimb into that box and become thethirteenth juror now becomes the triallawyer’s mission” Norman Sheresky6

The typical Sacramento courtroomis designed to resemble an arena onceused for gladiator fights. The judge,jurors and witnesses are generally fixedin place. The public is kept outside,beyond the fence or bar. The judge’sbench, the witness stand and the jurorsin the jury box are elevated above andtherefore removed from the fray. Thefloor of the arena or “well” contains thecombatants -- the attorneys and theparties -- who are seated at tables ofequal length when the process begins.

More so in state than in federalcourt, attorneys are free to move aboutthe courtroom in the well area andfight on behalf of their clients.7 Thus,how attorneys move in the courtroomhelps distinguish them and their clientsfrom the level playing field. By theirmovement in the space allotted, attor-neys define the relationship betweenthemselves and everyone else in thecourtroom. Thus, positioning duringtrial matters.

Just like in the magistrate judge’sstudy, I have observed that where andhow an attorney stands in the wellaffects the amount of attention jurorspay during his or her questioning andopening or closing argument. Somethings are obvious. It can annoy andfrustrate the jury when an attorneyblocks their vision, invades their per-sonal space, or speaks from an inaudi-ble distance—so much so that in a

This article represents the thoughts and opinions of the author and should not be considered court policy or the opinion of other trial judges. The author would also like to thank the librarians at the

Sacramento County Public Law Library, particularly Mary Pinard Johnson, for their able assistance. Comments should be addressed to [email protected]


Litigation

handful of trials I have wonderedwhether the outcome of the casemight have been changed if the attor-ney had handled the physical space ofthe well and the courtroom differently.

“No matter what happens in theworld of human beings, it happens ina spatial setting, and the design ofthat setting has a deep and persistinginfluence on the people in that set-ting.” Edward T. Hall8

The most effective trial attorneysrecognize that where they stand in thecourtroom during trial enhances theirstrategic and dramatic power. Duringdirect examination, they tend to standto the rear and side of the jury boxtowards the back of the courtroom.This allows their key witnesses tomake eye contact with the jurors whilethey respond to their questions. Thisalso makes their witnesses the focus ofthe jurors’ attentions. During cross-examination, the attorneys stand insuch a way as to require the witness toface away from the jury, thereby creat-ing a sense of distance between thewitness and the decision makers.

Those less aware of the impact oftheir physical positioning canbecome a visual distraction by theirmovement or position. Sometimesthey remain seated during the exam-ination of their own witness, whichmeans the witness looks away fromthe jury. Remaining seated may alsobe seen as a sign of disrespect, some-thing jurors may not appreciate. Stillothers turn their back to the jury boxand block a direct view of the witnessor evidence or move about so muchthat their actions are distracting.Other times, they miss importantopportunities to force witnesses tomake critical eye contact with thejury or to allow the jury to notice thatthe witness is unable to make eyecontact with them.

Given the size of the well in manycourtrooms, it may be necessary toget close to the jury to avoid audiovi-sual equipment, exhibits, the courtreporter or the counsel table. The

opposite may also be true. These areobstacles that need to be factored intocontrol of the courtroom and a strate-gy developed. Generally, if the attor-ney is not successful in navigating theobstacles in his or her physical envi-ronment, or if by movement he or shebecomes too great a distraction, a trialjudge may ‘assign’ the attorney a placebehind a podium at some pre-deter-mined distance.

Staging in the arena is important

Courtroom positioning is one ele-ment of a successful trial. It cannotovercome bad facts or problem wit-nesses, but it can and does contributeto the outcome of cases. To the extentit matters, the critical factors for anattorney to consider in decidingwhere to stand during the trialinclude: (1) the ability of witnesses tomake eye contact with the jury; (2)the physical distance between theattorney and the jury at key pointsduring the case; (3) the ability to eas-ily and clearly hear the attorney’squestions and the witness’ answers(i.e., the directional qualities of hear-ing); (4) the ability of the advocate toorchestrate and control the flow ofcommunication between the witness,

the jury and him or herself effectively;(5) the symbolism and timing ofmovement for effect; and (6) theimpact of movement on subjectivefeelings such as ease, determination,modesty, anger, etc.9

1.Graham, Ordering Law: The Architectural

and Social History of the English Law

Court to 1914 (Ashgate Publishing Co.,

2003), p. 43.

2.See Jeffrey S. Wolfe, The Effect of Location

in the Courtroom on Jury Perception

of Lawyer Performance, 21 Pepp .L. Rev.

731 (1994)

3.Wolfe, Toward a Unified Theory of

Courtroom Design Criteria: The Effect of

Courtroom Design on Adversarial Interaction

(1995) Vol. 18, Am. J. of Trial Advocacy, pg.

593-656.

4. Hall, The Hidden Dimension xi (1982) at

pgs. 116-25.

5. Wolfe, supra at note 3, pgs. 609-611.

6. Sheresky, On Trial, Masters of the

Courtroom 13 (1977)

7. The ability to move within the well is gov-

erned by the rules of a particular court and

judge and may vary widely both within a

court and jurisdiction.

8. Hall, The Hidden Dimension xi (1982)

9. Wolfe, supra at note 3, pg .610; Van der

Ryn, An Analysis of Courtroom Design

Criteria (1967) 52 Judicature 150

For more information visit:www.sacbar.org

Law Library News


California law. You will find Am Jur inour general collection and Cal Jur inour California area; both also are avail-able via Westlaw.

Am Jur 2d is more than just anencyclopedia for backgroundresearch. Several companion publica-tions offer more practical assistancewith litigation and transactional work.

Am Jur Pleading and Practice Formsprovides templates for pleadings,motions, and other legal documents tofit an immense set of situations. Thetemplates are created for use in anyjurisdiction, so users should confirmthat they are appropriate underCalifornia law and procedure.Checklists of many procedures arealso included. The notes may refer toapplicable statutes or rules and arekeyed to Am Jur 2d and the West KeyNumber Digest for further research.

Am Jur Proof of Facts 3d covers therequired elements and appropriateproof for a wide range of civil litiga-tion and selected criminal defense top-ics, including personal injury/torts,employment litigation (discrimina-tion, harassment, and wrongful termi-nation), real estate litigation, businesstorts, and commercial litigation. Thisset is not organized alphabetically likean encyclopedia. Instead, new articlesare added on topics of current interest.Older articles are kept up to date withnew developments and the topics arecross-referenced to AmJur 2d andother West products.

Am Jur Trials provides detailed dis-cussion of actual techniques andstrategies in hundreds of informative

Kate Fitz, Public Services Librarian, Sacramento County Public Law Library

his month’s spotlight focuseson some of the standard

research sets we feature at theSacramento County Law Library.Newer lawyers, whose research leanstoward Westlaw, Lexis, or other onlinesources, may not be familiar with thewealth of wisdom contained in thesesets. The more experienced membersof the bar are probably familiar withthem, but may not have revisited themrecently. Even though the cases theydiscuss are all available online, wekeep these sets because of the value-added by their publishers.

It may seem paradoxical to claimthat starting with that these booksinstead of an online search can actual-ly save time, but even the most com-puter-savvy lawyer may find it to betrue, especially in unfamiliar areas.The authors and editors of these setsdo some of the work for you by paringthe world of potentially relevant cases

down to a select few pertinent, influ-ential cases on your topic. They thencontinue to update the research toensure that these cases are still the bestavailable. Here are a few for your con-sideration.

Am Jur (American Jurisprudence) 2dis an exhaustive national encyclopedia.While its text discusses law in a gener-alized manner, it includes footnote ref-erences to relevant state and federaldecisions. It is a useful starting place toget an overview of the law on a partic-ular topic, for comparing the laws ofdifferent jurisdictions, and for findingtouchstone California cases. Once youhave found that “one good case,” AmJur makes it easy to cross reference it.Since Am Jur is published by West,cases are classified by key number soyou can go straight to the right topic inWestlaw or the West California digest.Cal Jur (California Jurisprudence) 3dworks the same way, but focuses on

Spotlight on the Collection:Classic Secondary Sources

T


Surfing From River City: MovingTips! Websites to Help Plan a Move

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

“model trial” articles, which cover bothprocedural topics -- from the initialclient interview to post-trial motions –to substantive topics, such as person-al injury, business, and criminal litiga-tion. It also covers specific trial tech-niques, such as preparing and present-ing evidence, making an opening state-ment, and giving a closing argument.Like Proof of Facts, new articles in Trialsare added by current interest ratherthan inserted alphabetically.

For transactional forms, Am JurLegal Forms: State and Federal includessamples of forms on hundreds oftransactional topics. It also includesnotes, illustrative completed forms,and research references.

Another classic is American LawReports (ALR). ALR, which is currentlyin its sixth edition, is not a compre-hensive encyclopedia. Instead, it

examines individual topics in depth.Each article (or “annotation”) startswith a representative case, which isreprinted in full. The author thenannotates the case in great detail, dis-cussing legal issues and attempting to“collect and analyze all of the cases”discussing the topic. Older articles arekept up to date via pocket parts andfrequently are superseded entirely bymore recent articles on similar topics.While these articles are not California-specific, they attempt to cover allstates, and will contain references toCalifornia cases and statutes as appro-priate. Since 1960, federal issues havebeen covered separately in AmericanLaw Reports, Federal.

ALR is also published by West andcross-references the West key numbersystem and other West publications.

Causes of Action (COA) 2d is anoth-

er West publication that provides arti-cles on current topics, with a focus onpractical information about the ele-ments of a cause of action. It containsa brief “action guide” that presentscritical points an attorney must befamiliar with. It also contains researchreferences, a table of cases arranged byjurisdiction, an overview of the lawand its elements, procedural guides,practice tips, checklists, and a samplecomplaint.

This article touches on just some ofthe fantastic secondary sources avail-able at the Law Library. If you enjoystarting your research in books, youwill find them in our general collec-tion. If you’re a computer researcher,you can find them in the Law Library’sWestlaw subscription. Come in andget acquainted – or re-acquainted –with these great sets.

https://moversguide.usps.com/icoa/icoa-main-flow.do?execution=e1s1

MyMove.comwww.mymove.com This website is a good starting placefor anyone planning a move. Itincludes catalog forwarding services,links to neighborhood deals and infor-mation, and other tools and offers.

Prepare Your Child for a MoveKids sometimes need time and specialattention during a move. This websitehas some good tips to help make theprocess less stressful for everyone.http://kidshealth.org/parent/positive/talk/move.html

Tips for Moving a Law FirmCheck out this article for informativetips on moving a law firm to a newlocation. It includes information onfinding and negotiating the rightoffice space.http://www.lawbiz.com/lpt_7-06.html

The Sacramento County Public LawLibrary recently moved to 609 9thStreet. Luckily, we had the expertisewithin Sacramento County to help facil-itate the move and ensure a successfuland relatively stress free relocation.Others may not be so fortunate. Here afew websites that may be helpful toyou if you are planning a future moveeither at home or at your law firm.

13 Unique Moving AnnouncementsOnce you’ve settled into your newspace, use a unique moving announce-ment as a creative, memorable way tomake sure your friends and familyupdate their records.http://www.realsimple.com/home-organ-izing/organizing/moving/moving-announcements00000000060282/index.html

Choosing a Professional MoverThe California Attorney General’swebsite has some general informationon choosing a professional mover,including basic information on moving

costs and liability issues.http://ag.ca.gov/consumers/general/moving.php

Moving a Law Firm: ChecklistAn attorney developed this checklistto help law firms execute their movemore easily.http://practiceblawg.com/2010/09/checklist-for-moving-your-law-firm/

Moving TipsThis article has informative tips thathelp prepare the mover move intoanother home, including tips on howto evaluate items and de-clutter soyou don’t take all that junk with you.http://www.catalogs.com/info/home/get-ready-to-move.html

Movers Guide from the USPSOfficially change your addressthrough the United States PostalService online movers guide and getinstant access to over $500 in valu-able coupons.

Coral Henning, Director, Sacramento County Public Law Library

Law Library News


he Sacramento County Law Library, which has beenhoused at the old Hall of Justice building on Sixth

Street for the last 10 years, has moved to a new facilitylocated at 609 9th Street. The new facility is located justnortheast of the courthouse right behind the DistrictAttorney’s office.

Sacramento County, whose lease at the Hall of Justicehad expired, was unable to negotiate a new lease with thebuilding’s owners, forcing it to find a suitable new build-ing. The Law Library will be the only tenant in this, facil-ity which was completely remodeled for this purpose.

Customers will enjoy plentiful metered parking sur-rounding the building. The training center will expandwith additional seating. You may recall this building had a"decorative" brick facade surrounding it. I am pleased toreport that the wall has been removed. Come and see ournew facility!

Our hours are the same: Monday - Thursday 8am-8pm;Friday 8am-5pm and Saturday 9am-4pm. Visit us on theweb: www.saclaw.org

T

County Law LibraryRelocates to 9th Street

Photographs showing the newSacramento County Law Librarybuilding at the corner of 9thand F Streets in downtownSacramento being renovatedfor its new tenant


tional judicial officer positions already approved by the fed-eral government, but that these positions have yet to be fund-ed. The Eastern District also needs funding for staff to sup-port these positions, he said, so more funding for the courtsappears to be the key. Judge England said there were approx-imately 11 new attorney position openings at the SacramentoU.S. Attorney’s office and a couple of openings at the FederalDefender offices in Sacramento and Fresno as well.

The crisis is just as dire in California. State courts are thenation’s preeminent instrument for the ordinary administra-tion of criminal and civil justice. Justice is the great cementof society. According to the American Bar Association, statecourts are where over 96% of our country’s litigation getsresolved. Presiding Justice Vance Raye also provided a sim-ilar report on the status of the Third District Court ofAppeals to the SCBA Board. Justice Ra ye focused on thebudgetary issues as well and the appellate court’s efforts toreduce expenses. For example, he said, there is a vacantjudicial position on the Third District Court of Appeals, andthe savings from not staffing that position is helping to bal-ance the Third DCA’s budget. As these cost savings measuresare put in place, he said, it is the parties who feel the effectwhen their appeals are heard later and later.

The SCBA is on the forefront of this judicial crisis. TheSCBA is a member of the Open Courts Coalition, a jointeffort by the California State Bar and the AdministrativeOffice of the Courts to increase funding for the Californiajudicial system. Some key facts are eye-popping. Californiacourts have absorbed major budget cuts amounting to $653million since 2008. These cuts amount to a 23% reductionin total funding to the courts. Although the courts havefound numerous ways to absorb these cuts, there is a cur-rent $300 million shortfall in the funding level necessary toprovide even the most basic court services. These cutsaffect hundreds of staff positions, as well as everyCalifornian’s access to justice. The Open Courts Coalitionis seeking to maintain an appropriate level of funding forCalifornia courts, amounting to a three-year, phased-inrestoration of $150 million in budget cuts. To that end, theOpen Courts Coalition created a video explaining the direconsequences of decreased funding of the Californiacourt system, which you can view by going to:www.youtube.com/watch?v=yzhEmUBxyQ. This video wasdistributed to legislators who are key to providing addi-tional funding for state courts.

The Open Courts Coalition recently held a rally in down-town Los Angeles to publicize the plight of Californians whentheir courts are not fully funded. The rally was supported by anumber of labor organizations and received favorable press inthe way of a L.A. Times op- ed piece supportive of increasedfunding. Without adequate court funding, Californians cannotget access to justice. If Californians can’t get access to justice,justice is neither equal nor fair. SCBA membership allows youto be on the ground floor of these initiatives.

SCBA has been an integral part of the Open Courts

President’s Messages - continued from page 7 Coalition, which includes past president Mike Levy as amember. The SCBA Board has adopted a resolution to sup-port the efforts of the Open Courts Coalition, which can befound on page 25 in this issue of the Sacramento Lawyer.And what, you may ask, can I do to address this crisis? Weare asking the SCBA membership to watch the video andthen talk with your local legislators about the need toincrease funding for the courts. This is not an issue ofwhether spending should go to education or the courts – tohuman services or the courts. Without fully funded courts,Californians cannot address the educational or human serv-ices issues that they face. Regardless of what field of law youpractice, if the justice system is not fully funded, theaccused must wait for justice, children must wait for courtsto issue custody orders, victims must wait to seek restrain-ing orders, and businesses must wait to have their rightsaddressed, which could lead to layoffs.

Bar associations provide attorneys with the opportunity toeffect change to improve the justice system. The justice sys-tem is under attack. And when someone attacks the justicesystem, we, the lawyers, must answer the challenge and pro-tect it. SCBA is asking its members to answer the challenge bypublicizing the plight and working to obtain more funding.

Another aspect of SCBA’s connection to the judiciary thatyou may not be aware of is the SCBA’s Judiciary Committee.Like the governors before him, Governor Brown asks thatthe SCBA Judiciary Committee investigate and provide feed-back on candidates for the Sacramento County bench or theThird District Court of Appeals. The investigation will makeinquiries into the following attributes: integrity and charac-ter; judgment and intellectual capacity; honesty; objectivity;adaptability; fairness; experience; industry and diligence;judicial temperament; general reputation in the community;and civic and community activities.

The Judiciary Committee seeks confidential commen-tary from the local bench, opposing counsel, and otherattorneys in the legal community who have some familiari-ty with the candidates. After the commentary is reviewed,the Judiciary Committee meets with each candidate for aninterview. The Committee then submits a report with itsfindings and recommendations to the Governor. TheGovernor considers this opinion along with comments fromthe State Bar’s Commission on Judicial Nominees Evaluation(JNE Commission), and other sources before making anappointment. SCBA’s ability to comment on candidates pro-vides a service to the Sacramento legal community.

As an SCBA member, you are able to get up-to-dateinformation regarding judicial issues, whether that be newprocedures, courtroom assignments, or issues that you cantake steps to address. Your SCBA is assisting its local bench-es to make court experiences better for the parties and theattorneys that use the Sacramento courts.


civil practice, the best advocacy often comesfrom lawyers with great storytelling skills who

know how to use both dramatic narrative and appropriatehumor to punctuate critical points. In criminal cases, bycontrast, the apologues frequently tell themselves and thetragic circumstances seldom leave room for levity. Thus,while narrative and comedic talents can be use-ful in criminal practice, something else is need-ed to get the optimum results in the realm ofcrime and punishment.

Renowned Sacramento attorney William“Bill” Portanova has managed to harness andembody that extra something, both as theaccomplished prosecutor that he was and as thenow sought-after criminal defense attorney thathe is today. Yet, like great civil practitioners, hisnatural modesty prevents him from being tooboastful about it.

“I arrived knowing nothing, but was tutoredby a generation of cops and prosecutors fromthe old school who gave me some great advice,”Bill recalled. He counts many of those as beingsuch mentors, including former prosecutor and now retiredJudge Richard Gilmour, the late District Attorney JohnDougherty, and retired Sacramento Police DepartmentDetective Dave Poroli.

“Those old-timers at the DA’s office and at Sacto PD andthe Sheriff’s Department taught me three important things,”Bill elaborated. “First, if you’re not having fun in this job,you’re doing it wrong. Second, if it doesn’t feel right, it’sprobably wrong. And third, it’s never too late to do the rightthing.”

The factual record supports Bill’s account of his devel-opment and proves the validity of the advice he followed.While attending McGeorge Law School, he interned at theSacramento County District Attorney’s Office, but went towork instead at a large civil firm in Los Angeles when hegraduated in 1982. After a couple months in the trappingsof that ivory tower, Bill knew his true calling was to practicecriminal law – and not just anywhere, but here in the state’scapital.

“I’ve always loved practicing law in Sacramento becausethe gestalt here is ‘do the right thing,’” Bill explained. “Wehave the best criminal bar in California, and the level of col-legiality here is a model for other jurisdictions. Whilelawyers on both sides of the aisle here are tough and com-

petitive, the practice is civilized and respectful and operateson a handshake.”

That’s a good thing for Bill since, according to him, hisinaugural foray into “the fire pit” could have been much dif-ferent otherwise. On his first day as a prosecutor in the DA’soffice, Bill’s supervisor assigned him to a DUI jury trial that

was set to commence that morning. “I read thefile as I walked across the street to the court-house, and we started picking a jury as soon asI got there,” Bill chuckled. “Once the jury wasimpaneled, the judge told the jurors what wasgoing to happen next – which was great for me,because I had no idea.”

Bill managed to get a conviction, a result hehumbly attributes to the soundness of thearresting officer’s testimony and not to his owncapabilities as a fledgling attorney. If Billthought securing a verdict in that case wouldwin him some time to find his bearings beforehis next trial, he was wrong.

“The next morning I was given another trial,again in front of Judge Lawrence Marvin – and

when that one concluded, my very next trial was also infront of Judge Marvin,” Bill remembered. “By the end of mythird week in the DA’s office, I had tried three cases in frontof the same judge.”

As much as Bill enjoyed trials in the Sacramento CountySuperior Court, he decided to expand his horizons in 1987by prosecuting drug dealers in federal court. He ultimatelywent to work fulltime as an Assistant United States Attorneyin 1991, where he litigated gang and drug cases for manyyears. During that time, he saw plenty of examples of folksin the criminal-justice system engaging in acts of civility.

“There was this one convict who was being sent toprison for 15 years, and his fiancé was in the gallery at thesentencing hearing,” Bill said. “He asked the judge to marrythem before he was taken away, and I wound up being awitness on their marriage certificate.”

Sometime later, Bill decided to become a defense attor-ney. He cited former prosecutor Wayne Ordos as part of theinspiration for that switch. Ordos, who went on to head thestate’s Fair Political Practices Commission, “did it old schooland firmly believed that if it doesn’t feel right then it’s prob-ably wrong,” Bill noted. The change felt right to Bill at thetime, and it has not felt wrong to him ever since then.

Bill’s practice as a defense attorney has led him to move

By Brendan J. Begley

Profiles

In

Lawyer Lore: Criminal DefenseAttorney William “Bill” Portanova

Sacramento attorney William “Bill” Portanova


Profiles

in some contrasting circles. For example, while defendingcorrectional officers who had been accused of staging fightsbetween inmates at Corcoran State Prison, Bill met or inter-viewed notorious individuals like Sirhan Sirhan, JuanCorona, and Charles Manson. In the same year that heinterrogated the leader of the Manson Family at a state pen-itentiary, Bill shook hands with the then-leader of the freeworld, President Clinton, at a local Air Force base.

When asked if the cops and prosecutors with whom heforged such close bonds ever second-guessed his decisionto become a defense attorney, Bill had this to say: “Themore you understand our criminal-justice system, the moreyou realize there is no black-and-white and that good peo-ple sometimes do bad things. Moreover, you don’t have tobe guilty to be investigated. Those of us who work in thesystem know that it works best with an adversarial process,and efficiency and clarity are promoted by having capablelawyers of good will on both sides.”

While Bill is well known for representing high-profile

alleged offenders, he also is generous in providing counsel toless affluent individuals. Bill’s credibility with everyone in acourtroom is an asset to anyone he represents. Regardless oftheir station in life, Bill’s clients most often do not desirepublicity in terms of the services he provides. This meansthat most of Bill’s best work goes unnoticed by others.

But neither that circumstance nor Bill’s modesty haveslowed the progress of his well-deserved reputation as atop-notch defense attorney. Judges, jurors, other lawyers,news and court reporters, and cops who have seen him inaction make sure that the people they care about find theirway to Bill when they are in need of such trusted expertise.

Bill not only is a champion of the accused, he is anexemplary model of Sacramento’s lawyer lore.

Brendan J. Begley is a former chair of the SCBA Appellate LawSection and head of the Appeal and Writs Group at WeintraubGenshlea Chediak Tobin & Tobin Law Corporation. He is alsoa California State Bar certified appellate law specialist.

The Barristers' Club of Sacramento Presents Its Annual

Motion for Summary Judgment Seminar The Honorable Richard Sims III, Associate Justice for California’s Third District Court of Appeal (Ret.), will provide a comprehensive review of summary judgment practice including recent developments inthe law. This seminar is valuable to both new practitioners and experienced litigators. It will serve as

an excellent introduction or refresher course on summary judgment practice, all told from the unique perspective of a former sitting justice from the court of appeal.

Time: Thursday, March 29, 2012, from 5:00 p.m. to 6:00 p.m. (The seminar will begin promptly at 5:00 p.m. Please arrive by 4:45 p.m. to register.)

A reception with beverages and light appetizers will follow.

Place: Downey Brand LLP 621 Capitol Mall, 18th Floor

Sacramento, CA 95814

Cost: $30.00 per person Please make checks payable to "Barristers' Club of Sacramento," and mail to:

Attn: Amanda GimbelMurphy Campbell Guthrie & Alliston

8801 Folsom Blvd., Suite 230Sacramento, CA 95826

MCLE: 1.0 hour of MCLE Credit

RSVP: Please RSVP by March 26, 2012 to Amanda Gimbel at [email protected] or (916) 400-2300.

Cover Story


acramento Third District Court of Appeal JusticeRonald B. Robie, a leader in California’s water con-

servation and regulation for the last five decades, has beenhonored with a special State Water Project distinction. InSeptember, the California Water Commission unanimously

voted to rename the State Water Project’s ThermalitoPumping-Generating Plant the Ronald B. Robie ThermalitoPumping-Generating Plant.

The pumping-generating plant is part of the greaterOroville-Thermalito Complex, a group of facilities, struc-tures, canals and reservoirs – including Lake Oroville --located in and around the city of Oroville in Butte County.The complex, which holds 3.5 million acre-feet of water,or 1.153 trillion gallons, serves as the headwaters for theState Water Project, the largest publicly built and operat-ed water and power development and conveyance systemin the nation.

The pump-generating plant works with two other plants(the Edward Hyatt and the Thermalito Diversion Dampower plants) to produce power during peak demand peri-

State Water Project Facility Re-Named in

Justice Robie’s Honor

S

By Shama H. Mesiwala and Matthew J. Smith

Photo credit: California Department of Water Resources Photography Unit

ods, while conserving water during low demand periods.Conservation is achieved when water, which has beenreleased to generate power during low demand periods, ispumped back into Lake Oroville for re-storage and use dur-ing peak demand periods. Construction on the pumping-

generating plant began in 1964 and was completed in 1969. The pumping-generating plant was re-named in Justice

Robie’s honor in recognition of his significant and long-last-ing contributions to California water law and management,including serving as director of the California Departmentof Water Resources. It was an honor originally proposed byJustice Robie’s good friend and colleague, retired ThirdDistrict Court of Appeal Presiding Justice Arthur Scotland.

“Serving as director of Water Resources was a greatexperience,” Justice Robie said. “I am overwhelmed that theWater Commission would honor me in this way.”

Justice Robie began his distinguished public-servicecareer in 1960, two years after graduating Phi Beta Kappafrom U.C. Berkeley in journalism and marrying his wife,Lynn DeForest. He came to Sacramento at the time from

Kim Robie (who is Todd’s wife), Todd Robie (Robie’s son who is an attorney in Sac),Lynn Robie (Justice Robie’s wife ), Justice Robie, and Melissa Robie (Robie’s daugh-ter who is a paralegal in Sac) following the unanimous vote by the CaliforniaWater Commission to rename the pumping plant in Justice Robie’s honor

Retired Presiding Justice Art Scotland and JusticeRon Robie following the California WaterCommission’s unanimous vote to rename thepumping plant in Justice Robie’s honor

Oakland as a Ford Foundation legislative intern and soonbecame a committee consultant to the Assembly WaterCommittee, serving under its chair, Carley Porter, one ofthe Legislature’s senior water leaders. Justice Robie workedwith Assemblyman Porter in drafting the Burns-Porter Act,which authorized the issuance of $1.75 billion in generalobligation bonds to finance construction of California’sState Water Project. State voters approved the bond issue,which paved the way for construction of the mammothstate-run water and power system we know today.

While working for the Water Committee, Justice Robieearned his Juris Doctor degree at Pacific McGeorge Schoolof Law, graduating first in his class in 1967. It was duringthis time that Justice Robie and his wife Lynn had their twochildren -- Todd in 1961 and Melissa in 1968.

In 1969, Justice Robie’s last year as a consultant to theWater Committee, the Legislature passed the Porter-Cologne Water Quality Control Act, which Justice Robieplayed a major role in drafting. The act is recognized as oneof the nation’s strongest pieces of anti-pollution legislation,and parts of it were used by Congress as the basis for theFederal Clean Water Act.

Because of the California water law and policy expertiseJustice Robie gained in his many years working in the StateLegislature, he was appointed in 1969 by Governor RonaldReagan to the State Water Resources Control Board, a regu-latory body with jurisdiction over water rights and water

quality. During the six years Justice Robie served on theBoard, it issued important decisions on environmental pro-tection for the San Francisco Bay/Sacramento-San JoaquinDelta, the New Melones Dam area, and the American River.

In 1975, while Justice Robie was serving as the vicechair to the State Water Resources Control Board, GovernorEdmund G. Brown, Jr. appointed him Director of theDepartment of Water Resources. Under Justice Robie’sseven-year tenure, the department developed innovativewater conservation programs, ensured reliable power forthe State Water Project, and drafted legislation for statewater facilities.

In 1976 and 1977, Justice Robie guided the statethrough the worst draught in state history. Under JusticeRobie’s leadership, the Department created the Office ofWater Conservation, which spearheaded major urban andagricultural water conservation efforts to cope with the


Cover Story

Department of Water Resources Director Robie signing a contract for the Napa agreement on the North Bay Aqueduct in December of1982. The aqueduct is an underground pipeline that runs from the Delta to the Cordelia Forebay, just outside of Vallejo, where thewater is pumped to Napa County.

Picture from November1982 showing FormerGovernor Edmund G.“Pat” Brown and thenGovernor Edmund G.“Jerry” Brown, Jr. withDirector Robie during a ceremony renaming the California Aqueductthe Governor Edmund G. Brown CaliforniaAqueduct.

Cover Story


drought. Those conservation efforts have resulted in res-idents using significantly less water per capita even today.Under Justice Robie’s direction, the Department alsosecured reliable power supplies for the State WaterProject independent of private utility companies, includ-ing contracting for coal power and pioneering the use ofwind energy.

Among Justice Robie’s most significant contributions tosecuring California’s water future was in leading the leg-islative effort to build a peripheral canal that wouldimprove water delivery reliability for the Sacramento-SanJoaquin Delta. The legislation authorizing the canal andnecessary environmental protection measures passed theLegislature in 1980 by a two-thirds majority vote in bothhouses and was later signed by Governor Brown. Althoughthe legislation was eventually overturned by a 1982 refer-endum, Justice Robie continues to believe the canal is themost environmentally sound solution to providing watertransfer to the Delta and protecting and enhancing theDelta environment.

After serving as director for seven years, Justice Robiewas appointed in 1983 to the Sacramento Municipal Courtbench by Governor Brown. Three years later, he success-fully ran for a seat on the superior court. In his 19 years on

the trial bench, Justice Robie became known for the samequalities he brought to the legislative and executive branch-es -- his intelligence, leadership, and seemingly limitlesssupply of energy. He served in virtually every trial courtassignment, including civil writs, where he presided overenvironmental and water law cases. He was elected to atwo-year term as presiding judge of the Sacramento CountySuperior Court by his fellow jurists in 1994 and served asacting presiding judge in 1997.

In 2002, Justice Robie took on yet another challengewhen he was appointed to his current position as an associ-ate justice on the Third District Court of Appeal GovernorGray Davis. In his decade on the appellate-court bench,Justice Robie has continued to leave his mark on Californiawater law by authoring a number of significant water-relat-ed decisions.

In his first year as an appellate court judge, Justice Robiewrote the opinion in People v. Murrison (2002) 101Cal.App.4th 349, where the court held that even appro-priative water rights acquired before 1914 (when the WaterCommission Act was enacted to provide an orderly admin-istrative process for the appropriation of unappropriatedwater rights within the state) were subject to reasonable reg-ulation by the state, including exercise of the regulatory

Director Robie with Department of Water Resources Deputy Director Gerald Meral (left) and former Department of Water ResourcesDirector Willaim E. Person attending the Alamo Powerplant groundbreaking ceremony in April 1982. The Alamo Powerplant, locatedsouth of Bakersfield, is one of five hydroelectric power plants that serve the State Water Project, the system of resevoirs, lakes and canalswhich stores, transfers and supplies water to two-thirds of California’s residents.


Cover Story

powers of the state to protect endangered fish.Four years later, in 2006, Justice Robie authored a trio of

water decisions that had a significant impact on Californiawater law. In Barnes v. Hussa (2006) 136 Cal.App.4th 1358-- another case involving pre-1914 appropriative waterrights -- the court confirmed that an appropriator “canchange the place where appropriated water is used so longas that change does not adversely affect the rights of othersto the water involved.” The court also concluded that amere change in the place of use, without more, does notinjure to the rights of other appropriators.

In El Dorado Irrigation District v. State Water ResourcesControl Board (2006) 142 Cal.App.4th 937, the court deter-mined that while the rule of priority among appropriators ofwaters “is not absolute, the Board is obligated to protectwater right priorities unless doing so willresult in the unreasonable use of water, thevalues protected by the public trust doc-trine, or the violation of some other equallyimportant principle or interest.”

It was the third water case in 2006,however, that gave Justice Robie the greatestopportunity to further his ongoing contri-bution to water law and policy inCalifornia. In State Water ResourcesControl Bd. Cases (2006) 136 Cal.App.4th674, which spans 168 pages in the OfficialCalifornia Appellate Reports, the courtaddressed numerous important issues aris-ing out of an omnibus water rights Boardproceeding dealing with the long-standingwater quality problems in the San FrancisoBay/Sacramento-San Joaquin Delta Estuary.Just as the decision in United States v. StateWater Resources Control Bd. (1986) 182Cal.App.3d 82 came to be known as theRacanelli decision, after its author John T.Racanelli, the former presiding justice ofFirst District Court of Appeal, DivisionOne, the Third District’s decision in StateWater Resources Control Bd. Cases becameknown simply as the Robie decision. Asone commentator noted, the Robie decision“is likely to define the contours of waterright disputes for the next 20 years in muchthe same fashion that the Racanelli decisiondefined the past 20 years.”

For his 50 years of service in the legisla-tive, executive, and judicial branches ofgovernment, and his significant and long-lasting impact on California water law and

policy, Justice Robie has more than earned the honorbestowed on him by the California Water Commission.

Shama Mesiwala and Matthew Smith are Justice Robie’schamber attorneys. Ms. Mesiwala was an appellate attorneyspecializing in indigent criminal appeals, arguing before thecourts of appeal and the California Supreme Court, prior tojoining the court’s staff. She began her legal career as anattorney with Office of the Federal Defender for the EasternDistrict of California.

Mr. Smith clerked for the Oregon Supreme Court and prac-ticed civil litigation at Wilke, Fleury, Hoffelt, Gould & Birney,LLP, prior to joining the court’s staff. He also served as a spe-cial consultant to the Fourth District Court of Appeal, DivisionOne, in San Diego.

Director Robie speaking at the Silverwood Lake dedication ceremony in Kern County.The dedication was celebrating the first underground storage of surplus water fromthe State Water Project.

Annual Meeting showsSCBA Moving Forward

By Heather Hoganson Photos by: Cheryl Dilbeck and Elisa Levy

Events


he Sacramento County Bar Association’s AnnualMeeting was held December 1, 2011 at the Sheraton

Grand Hotel in downtown Sacramento. It was preceded bya free MCLE seminar for those needing credits in the elimi-

T nation of bias category. Outgoing President Michael Levybestowed the President’s Award to First-Vice President andPresident-elect June Coleman for her tremendous work onthe Executive Committee and for her leadership on many ofthe SCBA events over the past year.

Levy reminded all attendees to donate to the State Bar’sJustice Gap Fund on their bar dues renewal forms. Levychallenged everyone to get more involved in the State Bar’sCampaign for Justice, including the new C.K. McClatchyHigh School Law and Public Policy Academy project, whichseeks to attract more underprivileged students to pursuecareers in the law. As detailed in the November/Decemberissue of the Sacramento Lawyer, the program targets at-riskstudents who then enter a three-year, law-oriented curricu-lum, which includes active participation by SBCA membersand the local bench. Levy noted that this was just one areawhere the SCBA has made substantial strides over the pastyear and urged continued SCBA participation and involve-ment in the Academy project.

Augustin Jimenez (AJ), General Counsel of theBusiness, Transportation, and Housing Agency, introducedSCBA’s Distinguished Attorney of 2011, Larry Duran.Larry was recently appointed to a federal administrativelaw judge position in Riverside County, but the legal andgeneral community of Sacramento has benefited from hishard work on behalf of the underprivileged for the past 25years. Larry returned to Sacramento for the event andexpressed his thanks to many people, including his won-Chief Justice of California Tani Cantil-Sakauye

Chief Justice Cantil-Sakauye administering the oath of office to the SCBA Executive Committee and Board.


Events

derful wife Ramona. Larry indicated his eventual plan wasto return to Sacramento via transfer sometime in thefuture. We will miss you in the short term, Larry, but hopeto have you back soon.

California Supreme Court Chief Justice Tani Cantil-Sakauye gave the keynote speech and swore in the officers ofthe Board of Directors and section and affiliate leaders. Sheupdated attendees on the precarious economic state of thejudiciary and the effects of the state economy and budget onthe people of California. However, she also invited everyoneto consider the situation objectively, without blame or scape-goats, and consider the best possible route moving forward.

Incoming President Coleman then addressed the upcom-ing year’s challenges, and announced that the long-antici-pated sacbar.org website revision would be implementedwithin the next 30 days.

President-elect Coleman then recognized the importanceof all groups and organizations working with the SCBA forthe greater Sacramento community and thanked all thatworked to make 2011 a great year for the SCBA. Juneaddressed the upcoming year's opportunities, including thehiring of a new executive director with the retirement ofCarol Prosser and the search for the new home for the baroffice when the lease expires in 2013.

The Annual Meeting was followed in the evening with areception at Blue Prynt to celebrate the accomplishments of

2011 and the coming year. Attorneys from all segments ofthe Sacramento legal community and judges enjoyed foodand drink while socializing and networking. Even newlyadmitted attorneys were in attendance.

SCBA President Mike Levy, 2011 SCBA Distinguished Attorney of theYear Larry Duran, and Duran’s friend and presenter Augustin Jimenez.

Sacramento Presiding Judge-elect Laurie Earl, Juvenile CourtSupervising Judge Stacy Boulware Eurie, and Chief JusticeCantil-Sakauye.

SCBA President-elect June Coleman with SCBA President Mike Levy.The Chief Justice and SCBA President-elect June Coleman

VLSP’S Pro Bono Services –Why They Volunteer

By Vickie Jacobs, VLSP Managing Attorney

Community Service


the occasion of the 30th anniversary of theVoluntary Legal Services Program, we

asked some of our volunteers why they provide pro bonolegal services through our program. As a volunteer-basedorganization with a small staff, VLSP could not accomplishits mission of helping indigent people with their legal prob-lems without the generous support of our volunteers.

Many volunteers consider pro bono work an obligation ofour profession. Danny Moore, a long time volunteer at VLSP’sBankruptcy Clinic, says: “I believe we are all under a duty todonate whatever skills we have to others who are in need but areunable to obtain the service. In return, it makes you feel good.”

Darron Flagg, of the Intel Corporation legal department,volunteers at our Debt Collection Defense Clinic as well aswith probate guardianship cases. He says: “Volunteeringwith VLSP is a part of paying a debt I personally owe to giveback to my community as a legal professional.”

Many volunteers cite the pleasure they receive in helpingpeople who are trying to improve their lives. Flagg says:“For me, it is an emotional joy to see a VLSP client first real-ize that someone actually does care and is there just forthem. To see clients physically release their built-up tensionafter having the previously unknown finally explained isrewarding. Even though all may not be ‘perfect’ in theirlives, watching a client reclaiming their lives in front of youreyes is a wonderful thing. It doesn’t get better than that.”

John Barnes of DLA Piper, a volunteer at VLSP’s JuvenileRecords Sealing Clinic, agrees with Flagg. Barnes says: “Ifind volunteering at VLSP’s Juvenile Records Sealing Clinicespecially rewarding because the clients are people who mademistakes when they were young, but are taking responsibili-ty for them and are now accessing the legal system for some-thing positive. I get to help them tell the Court what arealmost always inspiring stories of their rehabilitation, andtheir desire to move on from their past mistakes and becomemore productive members of our society. That, and VLSPalways serves great pastries before the clinic!” (We try to keepthe volunteers at our night clinics fed and energized.)

Our Employment Law Clinic provides many attorneysthe opportunity to help people on the other side of theirusual law practice orientation. At that clinic, lawyers workwith law students to provide help to VLSP’s clients. TimYeung, a long time Employment Law Clinic volunteer, says:“I normally represent employers in my practice.

On Volunteering at VLSP allows me the opportunity to help the‘little guy’. Many of the clients I see at VLSP can’t afford anattorney because they just lost their job. It gives me greatsatisfaction to be able to explain legal options to these indi-viduals to help them get back on their feet.”

The Employment Law Clinic is blessed with volunteerswho bring tremendous experience to assist our clientele andmentor our law student volunteers. Ophelia Fifi Hope Zeffsays: “I volunteer at VLSP because it is a way to make use ofmy education and experience and to help people who cannotafford a lawyer. I find the problems of the clients at theEmployment Law Clinic (where I have volunteered for about10 years) to be varied and interesting. I also enjoy the con-tact with the law students. Having primarily representedemployers in my many years as an employment lawyer, it isinteresting to look at issues from an employee’s point of view.”

Mary Dubose, recently retired from Orrick, Herrington& Sutcliffe, likes her experience at the Employment LawClinic and finds that volunteering at VLSP fulfills her needs:“After I retired, I decided to volunteer at the EmploymentLaw Clinic to sort of ‘keep my hand in’ the employment lawarena. I found that my volunteer activities give me the bestof two worlds---I can assist a client with his or her employ-ment law issues, and at the same time mentor and teach alaw school student. And, because I can choose my level ofcommitment according to my schedule, I can still beinvolved in other volunteer efforts in the community. It’sbeen a great experience!”

At the risk of being immodest, in addition to the satis-faction of helping those-in-need, volunteers find workingwith our staff to be a positive experience as well. KarlaBroussard-Boyd, an ALJ with the state Department ofPersonnel Administration, says: “First of all, working withthe wonderful people at VLSP is one of the most importantreasons to volunteer. To me, helping VLSP clients is the ulti-mate reward after a hard day at work. As a volunteer, I amable to bring hope to those who have lost it; and empowerthose who feel helpless. My experience at VLSP is always arewarding one!”

The staff at VLSP is very grateful for the commitment ofour volunteers to helping our clients improve their lives. Ifyou would like to find out more about volunteering at VLSP,please go to our web site at www.vlsp.org, or contact us at(916) 551-2116.


The Impact of Court Budget Cuts on Californians

SCBA Resolution

WHEREAS, as an independent branch of government, the judiciary, is vital to the American form of consti-

tutional government. However, the California court system is facing a grave financial crisis; and

WHEREAS, California’s courts have absorbed major budget cuts amounting to$653 million in since 2008,

amounting to a 23-percent reduction in general funds. Those budget cuts have had a deeply detrimental effect

on the justice system and the overall well-being of our state, with the public ultimately bearing the impact of

such cuts; and

WHEREAS, despite the massive reductions, the courts have found ways to do more with less; yet, there cur-

rently remains in the upcoming budget year a $300 million shortfall in the funding level necessary to provide

the most basic court services; and

WHEREAS, the Open Courts Coalition, comprised of interested Californians from the private and public sec-

tors, plus former elected officials from both sides of the aisle, proposes a balanced solution that includes

restoration of funds, increased court efficiencies and use of certain existing trial court funds; and

WHEREAS, specifically, the Open Courts Coalition proposes the following to address the current $300 mil-

lion shortfall in court funding:

I. A three-year, phased-in restoration of the $150 million that was cut from the courts at the end of

the fiscal year 2011-2012 negotiations;

II. Use of an agreed upon amount from the various trial court reserve funds over the next three years;

III. Receipt of an agreed upon amount of new revenues generated by new and/or increased user fees

in the courts;

IV. Implementation of criminal and civil court efficiencies that would alleviate the workload of trial

and appellate courts under current funding levels; and

V. Establishment of a mandatory, baseline annual court funding level to prevent yearly budget crises

in the judiciary.

THEREFORE, Be It Resolved by the Board of Directors of the Sacramento County Bar Association, that the

Sacramento County Bar Association recognizes the inherent dangers of further reductions in court funds and

urges the California State Legislature to adopt the solutions proposed by the Open Courts Coalition to help

maintain the court services that tens of millions of California residents and employers depend upon every

day. The Sacramento County Bar Association also joins the Open Courts Coalition and will act to ensure that

adequate court funding is achieved.

Community Service


he State Bar of California is seeking nominationsfor the President’s Pro Bono Awards and the Loren

Miller Legal Services Award. Both awards recognizeextraordinary service to California’s poor. Please considerany colleagues or peers who you believe may qualify forthese awards.

President’s Pro Bono Service AwardsBar members and law students who performed extraor-

dinary pro bono service during 2011 are eligible for the2012 President’s Pro Bono Service Awards. Up to nineawards may be given each year. Eligible nominees include:individual California attorneys, California law firms or theCalifornia offices of national and international law firms,associations of California lawyers, law schools accredited bythe ABA or the California State Bar, and California law stu-

The State Bar Standing Committee on the Delivery of Legal Services

T

State Bar Seeks Nominations for 2012 Awards

dents -- provided the student did not receive compensationor academic credit for the work done. The work must belegal work and not civic or public service, such as buildinghouses. Serving meals in a soup kitchen would not qualify.

Many worthy nominations are received each year, butonly a few can be recognized. If a previous nominee wasnot recognized, please consider nominating that individual,firm, team, association or law school again if their pro bonoservice in 2011 was significant. If you have questions aboutre-submitting a prior nomination, feel free to contact eitherof the State Bar Standing Committee on the Delivery ofLegal Services (SCDLS) representatives indicated below.

Loren Miller Legal Services AwardThe Loren Miller Legal Services Award recognizes a life-

time commitment to legal services and extending legal serv-ices to the poor. Past recipients of this prestigious awardinclude dedicated senior staff attorneys, Executive Directorsand Directors of Litigation of legal services programs as wellas private attorneys.

Each year nominations are submitted for the Loren MillerAward, but only one person is recognized. If you knowsomeone who was previously nominated, but did not receivethe award, please consider nominating that person again.There are many dedicated lawyers who spend their entirecareers toiling day in and day out to provide legal services toCalifornia’s poor, but the only way they are eligible for recog-nition is if they are nominated. If you have questions aboutre-submitting a prior nomination, feel free to contact eitherof the SCDLS representatives indicated below.

The nomination deadline for both awards is March 15,2012. Guidelines, nomination process and instructions forthe Loren Miller Award and Pro Bono Awards are providedon the State Bar’s website and on the nomination form foreach award. The nomination forms have been revised forsimplified electronic submission.

The 2012 awards will be presented at a reception inOctober 2012 during the State Bar Annual Meeting inMonterey. If you have any questions about the awards,please contact Joilene Wood Grove, Awards Chair, [email protected] or 415-305-4651, or the SCDLS StaffLiaison, Sharon Ngim, at [email protected] or415-538-2267.


Sixth Annual “Legal Research in theReal World” Workshop – May 23rd

Law Library News

he librarians at the UC DavisMabie Law Library are pre-

senting the sixth annual “Research inthe Real World” workshop onWednesday, May 23, 2012. This freeworkshop will be held at the UCDavis School of Law and is open tostudents from any law school whowill be working in the Sacramentoarea during the summer.

The half-day morning programprovides legal research training inonline and print sources covering awide array of topics. Past workshopsincluded sessions on civil litigation,criminal procedure, business transac-tions, researching California legislativehistory, administrative law/litigation,

and the California Style Manual. Eachsession will center around a specific factpattern so instructors can demonstratewhat research strategies and sources astudent might find most effective andrelevant in researching a particularissue . Sessions are offered concurrent-ly to allow attendees to select the topicsthat are of most interest to them.

More than ever, employers in thecurrent economic climate need to getthe most value out of their summerassociates. Law schools may teach stu-dents to think like a lawyer, but stu-dents are frequently lacking in the abil-ity to research like a lawyer. Past atten-dees have commented that the programwas “fantastic and helpful” and that the

topics “were extremely on point.” The past five programs were very

successful with over 100 students inattendance. Employers represented bythe students included large and smalllaw firms alike, state agencies, theCalifornia Attorney General’s Office,Sacramento Public Defender’s Office aswell as Sacramento, Yolo, and PlacerCounty District Attorneys’ Offices.Each year, demand has exceeded thenumber of seats available so libraryofficials recommend anyone interestedin attending contact the Mabie LawLibrary reference librarians at (530)752-3327 or [email protected],to secure your reservations for thispopular and informative program.

T

WLS members Crystal Kelly andChristie Jackson

“Legal Eagles” teampicture, including

Dee Brown, ShanaeBuffington, Christie

Jackson, CrystalKelly, Angela Lai,Tam Ma, ShamaMesiwala, Stacy

Saechao, Kara Ueda,and Anna Yi

Kathryn Doi, Tara Ohrtman, andDebbie Storz

November, the Asian/PacificBar Association of Sacramento

(ABAS), the South Asian Bar Association(SABA), and the Women Lawyers ofSacramento (WLS) joined forces to sup-port the annual Run for a Safe Haven char-ity event, one of the primary fundraisersfor My Sister’s House.

My Sister’s House is a local non-profitorganization that addresses and identifiesthe unique needs of women and childrenimpacted by domestic violence in theCentral Valley’s highly diverse Asian andPacific Islander community.

The annual autumn fundraiser washeld in William Land Park in Sacramentowith its beautiful backdrop of fall colors.

In

Continued on page 32

Local Bar Associations Join Forces to Support My Sister’s House

January, roughly sixty guests attended theSCBA Appellate Law Section’s jubilant Seventh

Annual Wine and Cheese Reception at the Third DistrictCourt of Appeal’s temporary downtown Sacramento court-room. The annual event, which was held at the same tem-porary downtown courtroom last year, provides an oppor-tunity for law students, practitioners, and law professors tomingle casually with trial and appellate court judges andjustices in an elegant setting while enjoying savory treatsand tasty nectar.

Each year the gala features red and white wines from adifferent county within the boundaries of California’s ThirdAppellate District. The distinguished libations for this year’sreception came from top vineyards in El Dorado County.

Appellate Law Section Hosts JubilantWine and Cheese Reception

By Brendan J. BegleyPhotos by: Ken Rabiroff

Section & Affiliate News


Attendees also had at their fingertips (and nearly just asoften at their lips) a variety of toothsome cheeses andtempting chocolate truffles.

“I want to take this opportunity to introduce our sec-tion’s newly elected officers,” said outgoing Appellate LawSection Chair Brendan J. Begley in his public commentsto the patrons. “I predict that our new officers will contin-ue the finest traditions of our section while managing itquite capably.”

C. Athena Roussos, who served as the section’s sec-retary last year, was unable to attend the fete but wasacknowledged for making exemplary contributions dur-ing her tenure. Meanwhile, the Appellate Law Section’srecently elected officers were on hand to promote jovial-

In

Chief sommeliers Linnea Johnson andDeena Fawcett relax as everythingcomes together for the party.

Deb Kollars and Laurel Thorpe merrilymingle at the gala.

Shama Mesiwala is greeted and treated toevent offerings by Stephanie Finelli andNicole Jamison.

Diana Meekay, Brendan Begley, and Sandy Uribe enjoythemselves as fun flows at the festivities.

Scott Cameron, Amanda Gimbel, Justice William Murray, Jr.,and John Davidson share good spirits at the fete.


ity, including new section Chair Stephanie J. Finelli(who served as the section’s vice-chair the last twoyears), Vice-Chair Sandra T. Uribe (who served as sec-tion treasurer last year), Secretary Laurel L. Thorpe,and Treasurer W. Scott Cameron.

The event’s success was due to the tireless efforts of itstwo primary organizers and sommeliers, Third AppellateDistrict Clerk/Administrator Deena Fawcett and LinneaJohnson of the Central California Appellate Program. Thefestive atmosphere was further enhanced by the reception’smany volunteers, including Janet Giebel (who handledRSVPs), CHP Officer George Granda, assistant organizersJack Simpson and Bobby Johnson, greeters Meera Malikand Alex Satanovsky, and the all-important pourers StellaChoe, Nicole Jamison, Jesse Stout, Conness Thompson,Kendall Wasley, Ms. Finelli, Laurel L. Thorpe, andSandra T. Uribe.

The Appellate Law Section, which toasted the area’s hardworking jurists at the celebration, remains proud to hostsuch a beloved event and wishes its guests and new officerscontinued high spirits and success in 2012.

Brendan J. Begley is head of the Appeal and Writs Group atWeintraub Genshlea Chediak Tobin & Tobin Law Corporationand a California State Bar certified appellate law specialist.

3620 American River DriveSuite 260Sacramento, CA 95864(916) 974-8600

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Russell Miller, Emmett Mahle, andKevin Adamson

Ken Addison and Russell Miller

From left: Larry Smith, Cathy Bell, JudgeJane Ure, Linda Parisi, and Sharon Cammisa

From left: Emmett Mahle, Judge SteveWhite, and Mike Hansen

Emmett Mahle

From left: Dwight Samuel, Fern Laethem,and Ken Addison

Kelly Babineau and investigatorFrank Huntington

Jan Karowsky, Judge Steve White, andKevin Adamson

Dave Muller and Alan Whisenand

About 150 attorneys, judges, and investigators attended the SCBA’s IndigentDefense Panel’s (IDP) Christmas Party, which was held in December

at the Grange restaurant in downtown Sacramento.

Former Sacramento Superior Court Presiding Judge was presented with IDP’sJudge of the Year Award, while recently retired criminal defense attorney Emmett Mahle was present with the Panel’s Distinguished Service Award.

IDP Hosts Christmas PartyPhotos by: Cheyenne Azevedo

Operation Protect and Defend and the Sacramento County Bar Association

Proudly PresentsAnnual Law Day Dinner

Celebration 2012DATE: May 1, 2012

TIME: 5:30 – 8:30 p.m.PLACE: Sheraton Grand, 1230 J Street, Sacramento

Keynote Speaker: Former California Supreme Court Justice Cruz Reynoso

For questions, please contact Lauri Damrell at [email protected] reserve your place, please RSVP by April 20, 2012 to

Michelle Bender by phone at (916) 564-3780 x 200 or by e-mail to [email protected].

Make check payable to the “Sacramento Law Foundation” and mail to:Michelle Bender

Sacramento County Bar Association1329 Howe Avenue, #100Sacramento, CA 95825

Price: $65 per ticket or $1,000 to sponsor a table(Sponsorship includes many benefits, including 8 seats and recognition in various program materials.

Sponsors also subsidize two additional seats for our student winners, their families, and their teachers as our guests.)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Name: _______________________________Organization/Affiliate: ________________________________

Phone number: ________________________Email: _____________________________________________

I wish to purchase: table @ $1,000 each = $ tickets @ $65 each = $ donated tickets @ $65 each = $

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32 SACRAMENTO LAWYER � JULY/AUGUST 2011


Barristers’ Club Update

By Kurt D. Hendrickson,Barristers’ Media Chair

he Sacramento Barristers’ Clubprovides young attorneys with

four extracurricular opportunities tobe involved in the legal community.Those four opportunities includeMCLE, networking, entertainmentand public service opportunities.

While we remain dedicated toimproving the education and sociallivelihood of Sacramento’s newattorneys, the Barristers also strive togive back to the community throughcharitable events. That is why in thelast several years, the Barristers’Club has worked hard to increase itsmembers’ public service opportuni-ties. One of the steps we took to

T advance those opportunities was tocreate the charity chair position onthe Barristers’ Board.

Daniel C. Kim of Matheny SearsLinkert and Jaime, LLP, was an activeparticipant in developing theBarristers’ charity chair position.After working with other boardmembers to select the Barristers’ firstcharitable cause, Daniel was appoint-ed as charity chair. In his position,Daniel plans to increase the visibilityof the Barristers’ public serviceopportunities.

Part of Daniel’s duties as charitychair is to help organize volunteersto participate in our work with St. Daniel C. Kim

ABAS My Sister’s House Run -continued from page 27

More than 800 runners and walkersparticipated in the event, raising morethan $30,000 for My Sister’s House.

ABAS, SABA, and WLS joinedforces to form the “Legal Eagles”running team, which consisted ofthe following individuals: ABASmember Dee Brown, WLS memberShanae Buffington, ABAS/WLSmember Kathryn Doi, WLS mem-ber Christie Jackson, SABA mem-ber Gaurav Kalra, WLS memberCrystal Kelly, ABAS memberAngela Lai, ABAS member ChrisLee, ABAS member Tam Ma,SABA/ABAS member ShamaMesiwala, WLS member StephanieMitchell, WLS member JenniferRouse, ABAS member StacySaechao, ABAS member DebbieStorz, ABAS member Steve Tsuyuki,ABAS member Kara Ueda, and ABASmember Anna Yi.

My Sister’s House provides theonly culturally-appropriate shelter inthe Central Valley region for members

of the Asian and Pacific Islander com-munity suffering from the abuse of

domestic violence. In addition to itssafe house, My Sister’s House also pro-vides a 24-hour multilingual hot line

and a “Women to Work”program for domesticviolence survivors of allethnic backgrounds.

My Sister’s Households regular work-shops and conferenceson cultural competency,human trafficking andworking with batteredimmigrant women. Forthose interested in work-ing in the field, MySister’s House also offersa 40-hour training pro-gram on how to workwith Asian and PacificIslander women andchildren domestic vic-tims in a competent and

culturally-appropriate manner which sat-isfies all state training requirements.

Jennifer Rouse, Tam Ma, Angela Lai, Nancy Lee, Kara Ueda,and Shama Mesiwala


Johns Shelter Program. One eveninga month a group of three to five per-sons volunteer at St. Johns. The vol-unteers meet at St. Johns to serve din-ner to the program’s participants.This service provides the program’sparticipants a good meal and it allowsthe mothers to enjoy a meal withtheir children. Please see St. Johns’website for more information aboutthe program. The website iswww.stjohnsshelter.org.

If you are interested in volunteer-ing with the Barristers’ Club to sup-port St. Johns, please contact Danielat [email protected].

As we enter into a new year, ourleadership has also changed. The2012 Sacramento Barristers’ Club willbe under the guidance and strong

arm of our most veteran board mem-ber, Daniel Tichy. Dan has been onthe Barristers’ Board since 2005. Healso serves as the treasurer of theSCBA’s Workers’ CompensationSection. As an attorney with the LawOffice of Timmons, Owen & Owen,Inc., he represents individuals inworkers’ compensation and personalinjury matters. Dan Graduated fromthe University of Oregon School ofLaw. He enjoys rooting on “The

Ducks” with his wife Casey, a fellowBarristers member, and his two-year-old daughter Kaitlyn. Dan is involvedin various community activities andis an active member of SacramentoElks Lodge #6.

Finally, this year promises to befilled with lively social events andinformative seminars. The socialevents will include the Barristers’favorite events. As always, theJudicial Reception and SummerAssociates Reception will take place

this year. After a successful firstattempt, we are committed to makingthe Wig Party a tradition as well.Additionally, the Barristers will againprovide the Fed Nuts and BoltsSeminar, the Sacramento SuperiorCourt Law in Motion Seminar, andthe Motion for Summary JudgmentSeminar. We are planning otherMCLE programs as well.

Keep an eye out for our emails andfollow the Barristers’ Facebook.compage for further updates.

Daniel Tichy


Courthouse Steps Carlton DiSante & Freudenberger LLP, has changed its

name to Carothers DiSante & Freudenberger LLP.“We are always in motion here whether it is on the client

front or navigating the rapids down the American Riverwith our staff and families,” said Managing Partner JeremyNaftel, who heads the Sacramento office of this labor andemployment law boutique firm. “Our attorneys are verydialed in to the ever changing labor and employment land-scape here in Sacramento and our new location [900University Avenue] will make that even easier,” said Naftel.The move took place on November 14, 2011.

As CDF celebrates its 17th anniversary, San DiegoManaging Partner Dave Carothers’ name replaces ChrisCarlton’s in the firm’s name and the firm has launched anew website at www.CDFLaborLaw.com.

Founded in 1994, CDF has 29 attorneys in fiveCalifornia offices (Sacramento, San Francisco, Los Angeles,Orange County, and San Diego). The firm’s client baseincludes businesses ranging from Fortune 100 companiesto local entrepreneurial enterprises. The firm’s range ofpractice includes class actions, EEO claims, wage and hour

disputes, PAGA, unfair competition and trade secrets,workplace tort litigation, immigration law, traditional laborlaw, workplace safety, and business reorganization. It alsoincludes workplace solutions, advice and training.

Tamara Colson has been appoint-ed chief prosecuting counsel of theDepartment of Alcoholic BeverageControl, within the Business,Transportation, and Housing Agency.Ms. Colson was recently a specialassistant inspector general for theOffice of Inspector General, Bureau ofIndependent Review. Prior to that, shewas an administrative law judge for the Office ofAdministrative Hearings, a deputy attorney general, and anassociate with Kronick, Moskovitz, Tiedmann & Girard. Ms.Colson has also been an adjunct professor at PacificMcGeorge School of Law.

Tamara Colson

The St. Thomas More Society, Sacramento, the J. Reuben Clark Law Society, and the BYU Management Society invite you to our Seventh Annual Joint Lunch Gathering:

A Judge's Perspective on Ethics for the Professional Presented by Judge Jeffrey S. Penney

Date: Wednesday, April 11, 2012Time: Noon to 1:15 p.m.

Location: Old Spaghetti Factory - 1910 J Street, Sacramento - Chef’s Menu Choices presented on arrival

MCLE Approved for 1 hour Legal Ethics

Judge Jeffrey S. Penney is currently the Presiding Criminal Law Judge of Placer County’s Civil & Criminal TrialDepartment, having been assigned to juvenile dependency, family, domestic violence, drug, and probate courts in Placer County.

Previous to his judicial appointment, he was a Deputy District Attorney and, prior to that, in private civil practice.

Registration Information:Online Registration by April 9: Price = $20. BYU Management Society Website: www.byusacramento.orgClick on "Register Now" under the "Register for upcoming events" link

At the Door Registration (as space available): Price = $25. (cash or check payable to Sacramento BYUMS)

www.jrcls.org

www.sacstms.org http://ms.byu.edu/sacramento

Classifieds


Index of AdvertisersABAS Wine & Food Tasting . . . . . . . . . . . . . . . . .Page 9

Advocate of the Year . . . . . . . . . . . . . . . . . . . . . . .Page 2

Barristers’ Club Seminar . . . . . . . . . . . . . . . . . . .Page 17

Buzz Wiesenfeld . . . . . . . . . . . . . . . . . . . . . . . . .Page 26

Darrel W. Lewis . . . . . . . . . . . . . . . . . . . . . . . . . .Page 3

Jams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 3

Jay-Allen Eisen Law . . . . . . . . . . . . . . . . . . . . . . .Page 7

Ken Malovos . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 29

MaryBurroughsStudio.com . . . . . . . . . . . . . . . . .Page 29

Northern CA Collection Service . . . . . . . . . . . . . .Page 8

Operation Protect and Defend Dinner . . . . . . . .Page 31

Ramirez Arbitration & Mediation Services . . . .Page 33

Sacramento Law Library . . . . . . . . . . . . . . . . . . .Page 12

St. Thomas More Lunchon . . . . . . . . . . . . . . . .Page 34

Ueltzen & Company . . . . . . . . . . . . . . . . . . . . .Page 29

ABAS Anniverary Celebration . . . . . . . . . . . .Back Cover

C A L E N D A R

Second Wednesdays -- SCBA Barristers serve at St. John’s Shelter for Women. Contact Stacy Moak at [email protected] March 1 Joint Section Representatives' and MCLE Committee meeting, noon, SCBA OfficeMarch 2 Submission deadline for May/June issue of Sacramento LawyerMarch 6 Leonard M. Friedman Association presents Hon. David I. Brown on "Law & Motion Practices, Preferences, Insights and Issues"

at the Firehouse, noon. Contact [email protected] 14 St. Thomas More Society mass & breakfast gathering. Fr. Mark Richards, Judicial Vicar for the Diocese of Sacramento, will preside and

discuss his role as Judicial Vicar and the canon law annulment process. Hawthorn Suites Hotel, 7am. Contact [email protected] March 15 ABAS presents Parice Truman on "Biases in Jury Selection" at Mennemeier, Glassman & Stroud, LLP, noon.

Contact Colleen Howard at [email protected] 15 The SABA Sacramento Fourth Anniversary Reception at Casa Garden Restaurant, 5:30pm. Contact Niti Gupta at [email protected] 29 Barristers’ Motion for Summary Judgment Seminar. Downey Brand, 5-6pm. See page 17 April 5 Joint Section Representatives' and MCLE Committee meeting, noon, SCBA OfficeApril 11 St. Thomas More Society’s 7 th Annual Joint meeting with J. Reuben Clark Law Society and the BYU Management Society, featuring

Judge Jeffrey S. Penney on “A Judge's Perspective on Ethics for the Professional.” 1 hour Legal Ethics MCLE Approved. Old Spaghetti Factory, Noon-1:15pm. Register online at www.byusacramento.org

April 11 ABAS’ Anniversary Celebration, featuring California Supreme Court Associate Justice Goodwin Liu at the Tsakopoulos Library Galleria. See back cover

April 18 Manage Your Online Presence to Grow Your Practice. MCLE Pending. Contact [email protected] 1 Operation Protect and Defend presents its Annual Law Day Dinner Celebration. See page 31May 2 Submission deadline for July/August 2012 issue of Sacramento LawyerMay 3 Joint Section Representatives' and MCLE Committee meeting, noon, SCBA OfficeMay 9 St. Thomas More Society mass & breakfast gathering. Fr. Jeremy Leatherby will preside over Mass. Hawthorn Suites Hotel, 7am.

Contact [email protected] May 10 Administrative Law Section presents ALJ Sunny Lo discussing the intersection between administrative and criminal law.

Contact [email protected] 10 ABAS Law Foundation’s 10th Annual Wine & Food Tasting at Pavilions Courtyard, 6-8:30pm. See page 9 May 23 Legal Research in the Real World Workshop. See page 27

Large lawyers office for rent at Family Law Center inSacramento Arden/Watt area . The office is available furnished or unfurnished and is located in a quiet andprofessional building with other attorneys. The facilitiesinclude a nice lobby/waiting room, beautifully land-scaped grounds, convenient parking, kitchen, confer-ence room, networking opportunities. 1722 ProfessionalDrive. Please contact Jessica for a showing at 916-488-5088 or by e-mail: [email protected].

$1,200 per month. 13'x 10' Attorney office in suiteof four offices for sublease. Reception, photocopy, fileroom, phone, separate conference rooms (by reserva-tion) and parking are also included. There is also aprivate gym with showers in the building for a nomi-nal additional charge. Law Offices of Douglas A.MacDonald, 3620 American River Drive, Suite 130,Sacramento, CA 95864, (near Watt on American Riveracross from Selby Ranch); Tel: 916.488.3616; [email protected]

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

1329 Howe Ave., #100 • Sacramento, CA 95825

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