Commissioner Doreen Boxer strives to ensure that litigants feel heard in her LA courtroom. by Doreen Boxer

LOS ANGELES & SAN FRANCISCO

www.dailyjournal.com

WEDNESDAY, DECEMBER 5, 2018

Patient Listener Commissioner Doreen Boxer strives to ensure that litigants feel heard in her LA courtroom. By Nicolas Sonnenburg Daily Journal Staff Writer

OS ANGELES — Sitting in her Stanley Mosk Courthouse chambers, Commissioner Doreen B. Boxer recently reflected on the experiences that pushed her toward a career in the law: a dramatic childhood move, a college stalker and a high school run-in with the justice system. As a child, Boxer moved from New York to New Mexico, a significant change of venue that would teach her what it is like to be an outsider without an advocate. Coming from a Jewish family, the future attorney remembered being unwelcome in her new home. Parents told their children to stay away from their new non-Christian classmate. Years later, as an undergraduate at New York University, Boxer dealt with a stalker, an experience she did not delve into deeply, but one she said gave her insight in what it means to be a victim. But it was her first real experience in a courtroom that got her thinking critically about how individuals interact with an imposing justice system. Her Albuquerque high school was at the intersection of two large, heavily trafficked streets, the commissioner remembered. Above one of the thoroughfares was a bridge, meant for students to cross the roadway without fear of possibly being hit by distracted drivers. School officials required pupils in their charge to use the bridge. But there was a problem. Boxer had heard of a group of ruffians who would beat up or, at the very least, hustle bridge crossers, stealing their money. Diplomatic in her telling of the story, Boxer was careful not to casually characterize the group as a gang. “They all dressed alike, and they were people that I didn’t know and were scary, at least at the time to me, and would act together and harass you as you crossed the bridge,” Boxer said. “So I didn’t want to walk across that bridge.” Instead, she opted for the otherwise legal option of using a crosswalk. On the other side was a police officer, who gave Boxer a citation for her infraction. She went to court. “I wanted to give myself a voice and explain to the judge that I didn’t want to be harassed

Nicolas Sonnenburg / Daily Journal

‘By far, parties feel that they trust the justice system when they feel heard; they don’t trust the justice system when they don’t feel heard.’ while walking over that bridge to get to school,” Doreen B. Boxer she said during a recent interview. Commissioner But by her telling, the judge wouldn’t have it. Los Angeles Superior Court (Los Angeles) He ordered her to do community service. “I realized that if you are in a courtroom and Career Highlights: Elected commissioner you want to have somebody understand your by the judges of the Los Angeles county position, it helps to have somebody with you Superior Court, 2015; founding attorney, who knows what they’re doing,” Boxer said. “I Boxer Law Corporation, 2014-15; managing realized maybe that’s what I wanted to do with partner, Boxer Molfetta APC, 2014; my life — help people through those situations.” managing partner, Boxer McLaughlin APC, Boxer — who spent her career as a criminal 2011- 13; public defender, San Bernardino defense lawyer, most recently as the head public County, 2006-10; deputy public defender, defender in San Bernardino County — is now Orange County, 1996-2006; deputy public a Los Angeles County commissioner presiding defender, Los Angeles County, 1995-96; sole practitioner, 1994- 95; partner, Grayson, over family law disputes. Donning black judicial robes, she said she Topsfield & Boxer, 1993- 94; Legal Aid makes an effort to listen, unlike the judge who Society, Brooklyn, New York, 1989-92 presided over her case. Attorneys say her open Law School: Benjamin N. Cardozo School of ear is helpful. Law, 1989 Jesse Verdin, a South Pasadena family lawyer, recently represented a wife in what he described “He came in with thousands of documents as a contentious divorce trial including domestic violence elements before Boxer. His client’s and all kinds of claims,” Verdin said, noting the trial lasted several days longer than he thought husband appeared pro per.

it would. “It was difficult because he really put us through the ringer.” But Boxer didn’t lose her cool, according to Verdin, who commended her for the patience she showed in handling the opposing party, calmly explaining the rules of court and giving him an opportunity to explain his case. “She read everything, considered everything, with the heavy calendar load that all judges have. It was pretty impressive,” Verdin said. “Not many judges would have shown the patience she showed.” Boxer doesn’t listen just so parties can feel catharsis. It’s also to help them trust the court before which they stand.

the litigant feels that the judge listened,” Mannis said. Boxer’s career before the bench began in New York. Fresh out of law school, she began work in Brooklyn’s Legal Aid Foundation representing indigent defendants. Wanting to be closer to family, she moved to California a few years later where she eventually found herself working in the Los Angeles and Orange County public defenders’ offices. In the latter post, she was able to get prosecutors to drop the death penalty in every capital case she defended in favor of life without parole. In 2006, Boxer was given the opportunity to lead what was reported in the press at the time

‘I realized that if you are in a courtroom and you want to have somebody understand your position, it helps to have somebody with you who knows what they’re doing. I realized maybe that’s what I wanted to do with my life — help people through those situations.’ —Los Angeles County Superior Court Commissioner Doreen Boxer

“By far, parties feel that they trust the justice system when they feel heard; they don’t trust the justice system when they don’t feel heard,” she said. The commissioner is deliberate. She often explains courtroom rules in detail and gives ample time for parties to present their case, but attorneys praised her for actually resolving disputes, instead of punting substantive rulings for another day. “She’s able to make difficult decisions,” commented Joseph Mannis, a partner at Hersh Mannis LLP who has appeared before the commissioner on several occasions. “That’s one of my biggest complaints of judicial officers — that they push things down the road.” As evidence, Mannis pointed to a custody dispute during which his client, the father, requested a change in his 50-50 custody agreement. Boxer ruled in Mannis’ client’s favor but listened intently as the distressed wife requested reconsideration. “When followed up by a ruling that didn’t change, letting someone vent their frustration,

as a struggling public defender’s office in San Bernardino County. She began quickly implementing new policies, including changes to the video arraignment process, ensuring defenders were available to criminal defendants who had previously been advised of their rights through a printed document provided by sheriff’s deputies. Boxer also started continual legal training programs for veterans and rookies in the office, noting a troubling number of public defenders being removed from cases on Marsden motions. In a move that upset some members of the union representing deputy defenders and prosecutors, Boxer refused to allow employment disputes to proceed if a defense attorney brought as representation a deputy district attorney. Boxer said the set-up, which had been the norm in the office, could potentially create a conflict of interest for future clients. Her policy prompted a lawsuit. “I recognize that I should have found a way to assure the majority of the attorneys that their excellent, hard work was valued while I

addressed the shortcomings of the minority of the attorneys,” she said in an email, reflecting on her time in the office. “Now I employ that lesson on the bench where I seek to highlight and build upon the positive aspects of each family that comes before me, while addressing the challenges that brought them to court,” she continued. Advocates who appear before her notice her ability to be empathetic, especially in an area of the law that can be very personal and emotionally draining. “She builds a rapport with the parties and is always very cognizant of the law’s demands,” commented Hadar Swerdlow, an attorney at Community Legal Services. “She’s easy to talk to, she’s thoughtful and considerate.” Here are some of Commissioner Boxer’s recent cases and the attorneys involved: •Altobelli v. Altobelli, BD576158 – legal separation with minor child For the petitioner: Warren Robert Shiell, Los Angeles For the respondent: George Nebbie Seide, Calabasas •Weyer v. Weyer, BD608419 — dissolution For the petitioner: Daniel Josef Paletz, Kermisch & Paletz LLP For the respondent: Michael Thomas Frawley, Woodland Hills •Kent v. Kent, 18STRO05973 — domestic violence prevention with minor children For the petitioner: Lance Raymond Claery, Claery & Hammond LLP For the respondent: pro per •Kahn v. Ahmed, SD035524 — nullity For the petitioner: Julianne Vandergrift, La Verne For the respondent: pro per •Kruger v. Kruger, BD544677 — dissolution For the petitioner: Steven Paul Fernandez, Fernandez and Karney APLC; John Michael Kelly, Inglewood For the respondent: pro per