LEBEAUTHELEN 4 History of local firm
CONSTITUTION DAY 22 Local DDA reads at Stella Hills Elementary
PHOTOS 43 Bench and Bar Social at Luigi’s
RES IPSA LOQUITUR NOVEMBER/DECEMBER 2019
PUBLISHED BY THE KERN COUNTY BAR ASSOCIATION
On the Inside
JUDGE JUDITH DULCICH A look at Kern’s new Presiding Judge PAGE 10
ABOUT THE RES IPSA LOQUITUR DESIGNER Amber M. Chiang rileditor@gmail.com CONTRIBUTORS Jay C. Smith C.M. “Bud” Starr Timothy Swanson
ABOUT THE KERN COUNTY BAR ASSOCIATION
1112 Truxtun Avenue Bakersfield, CA 93301 661-334-4700 info@kernbar.org The Res Ipsa Loquitur is published 6 times per year. Articles, announcements and advertisements are due by the 5th of the month prior to the publication date. The articles in the Res Ipsa Loquitur are written for general interest and are not meant to be relied upon as a substitute for independent research and independent verification of accuracy. The articles appearing in the Res Ipsa Loquitur do not necessarily reflect the opinion of the Kern County Bar Association, the committee or the columnists. Acceptance of advertising by the Res Ipsa Loquitur does not constitute endorsement of products or services advertised. The content of ads was not checked by either the Kern County Bar Association employees or members. No representations are made by the Kern County Bar Association. The Kern County Bar Association reserves the right to refuse any advertising. The Res Ipsa Loquitur welcomes contributions from legal professionals and representatives from relevant businesses and organizations. All articles will be reviewed for appropriateness and those selected for publishing will be published at the convenience of the Res Ipsa Loquitur editorial committee. To have an article considered for publication, please email rileditor@gmail.com.
WHO’S WHO AT THE BAR
The Kern County Bar Association is led by a volunteer board of directors consisting of five elected executive committee members and ten elected directors. This issue introduces the first five elected directors. BERNARD BARMANN, JR. is a civil and business litigation trial attorney and mediator with Kuhs & Parker who grew up in Bakersfield and has been practicing law for nearly 26 years. Bernie has served as a judge in the Kern County Mock Trial program and as an attorney coach for Frontier High School.
CAROL BRACY is a public interest attorney practicing at Greater Bakersfield Legal Assistance for the past 23 years, with 8 years before that at Legal Aid in San Diego. Carol was the KCBA representative in the formation of the STAR (mental health) court in Kern County.
JEREMY BREHMER is a designated Lawyer-Scientist (American Chemical Society) and Fellow in the Amercian Academy of Forensic Science.
GINA CERVANTES is the Self-Help Attorney for the Kern County Superior Court. In her role, she works with the general public to provide information and guidance on Small Claims matters, Unlawful Retainer matters, Family Law matters, and Guardianships.
DIANE CHRISTIAN is the Managing Partner in the Bakersfield office of Borton Petrini, LLP. Diane’s areas of practice are family law, construction matters, insurance defense including major casualty, property damage, and premises liability.
LETTER FROM THE executive directoR
W
3 ELCOME TO OUR second issue of the new and wildly improved digital version of the Res Ipsa Loquitur. :)
Amber has again done us proud as you are about to see. I love the excitement the new format has created for all of us. No limits ... as many pictures and articles as are sent in … go into the magazine. I am loving the profiles on the Board members. Love the candid photos. This month’s profile is on our President, Doug Gosling. It comes with a picture of him out hiking with his three kidlets. Such cute kids! Do you have an article that you would like to submit? Pictures of an event that you would like to share? CLE article that would benefit the other members? A joke you are dying to tell??? Send them in!! Send them all in. The more the merrier. Happy holidays everyone!
ON THE COVER
See you in 2020.
Kern County Bar Association’s annual Bench and Bar Social. Held at Luigi’s on October 17.
Bonnie
Event photos on page 43 [photos by Nick Ellis]
CONTENTS FEATURES
PEOPLE AND FIRMS
8 - Shades of 1984 John Stovall
4 - Sustaining Sponsor LeBeau-Thelen
14 - End of the SoCal Stip Jeffrey P. Koller and Rosalie Kramm
10 - Presiding Judge Judith K. Dulcich Susan M. Gill
18 - Veteran’s Stand Down Event Victoria Limbean
34 - Interview with Douglas A. Gosling
22 - Be a Constitution Day Reader Hunter E. Starr
42 - Photos from Bench and Bar Social
36 - We the People Scholar Night Joey Biron
42 - Photos from Red Mass
COLUMNISTS 7 - Jay C. Smith A View from over the Watershed 13 - C.M. “Bud” Starr advocatus caecus 24 - Bernard C. Barmann, Jr. Getting the Most Out of Mediation 26 - Alex N. Dominguez Life of a 3L 28 - Timothy Swanson The Renissance Corner 40 - H. Dennis Beaver You and the Law NOVEMBER/DECEMBER 2019
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PROFILE ON LEBEAU-THELEN
[photos by Nick Ellis]
Amanda Lucas | Alan Mish | Kevin Thelen | Dennis Thelen | Gary Logan
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LTHOUGH THE LEBEAU-THELEN law firm was formed in 1985, its origins can be traced back to the fall of 1971 when Dennis Thelen and Bernie LeBeau first met on the campus of Santa Clara University as part of its freshman class. The duo quickly formed a friendship which continues to this day. Both graduated from Santa Clara in 1975 (Dennis as an English major and Bernie as an accounting major), and then from Santa Clara’s law school in 978. Bakersfield native David Lampe recruited Dennis to work for Borton Petrini & Conron and Bernie went to New York University to study tax law, eventually earning an LL.M (in Taxation) from the prestigious tax school in 1979. Dennis convinced Bernie to come to Bakersfield after his tax studies and join him at the Borton firm. In 1985, Dennis, Bernie, and David decided to form their own firm and LeBeau, Thelen & Lampe commenced business on July 1, 1985. Soon thereafter, Tom McIntosh, a friend of Dennis and Bernie from law school, joined the firm. It steadily grew, adding Tom Crear, who also earned an LL.M (in Taxation) from New York University, a couple of years later, and then J. Nile Kinney and Bob Joyce. Almost 35 years later, the firm is still going strong with RES IPSA LOQUITUR
18 attorneys, 2 paralegals, and a support staff of 24. Three of its partners left the firm for the Kern County Superior Court (David Lampe, Lorna Brumfield, and Steve Shayer). Although losing partners is never easy, the firm fully supported their decisions to leave for the bench and is very proud of them. The firm’s practice is very wide-ranging and encompasses the broad spectrum of legal issues that are presented by our Kern County economy. These include the following:
CLASSIFIED INFORMATION EXECUTIVE OFFICE SPACE AVAILABLE Full service Class “A” downtown fully furnished or unfurnished large executive office with secretarial space available as well. Full time receptionist provided, with three conference rooms, reserved parking and other services available for $925.00 per month. Please call 661-327-7051 for information and availability. To place your classified ad here, contact the Kern County Bar Association at assistant@kernbar.org.
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Tom McIntosh | Bernie LeBeau | Tom Crear | Ben LeBeau CIVIL LITIGATION The firm handles civil litigation of all types, including professional liability and casualty defense matters, business and commercial litigation, employment litigation, real estate litigation, and probate, conservatorships, and trust litigation. ADVISING BUSINESSES The firm acts as general counsel to numerous business entities. The firm also provides advice and prepares documents for the formation, combinations, sales, liquidations, and other operational matters of various business entities, including corporations, general and limited partnerships, limited liability companies, and non-profit organizations. EMPLOYMENT LAW The firm attorneys have a great deal of experience and expertise with respect to employment law matters, generally representing employers. This includes keeping its clients up to date with the everchanging California employment laws, and advising, preparing documents, and representing firm clients in employment related litigation and administrative hearings.
REAL ESTATE The firm advises and prepares documents for various real estate transactions and matters including purchases, sales, tax deferred exchanges, permitting, water issues, CC&Rs, environmental issues, etc. ESTATE PLANNING, PROBATE, AND TRUST ADMINISTRATION The firm provides advice and prepares various estate planning documents, including Wills, trusts (revocable and irrevocable), powers of attorneys, etc. The firm also provides representation respect to probate matters and trust administration. AGRICULTURE, OIL & GAS, AND HEALTHCARE The firm’s attorneys have unique expertise in the two primary business areas in Kern County, agriculture and oil and gas, and provide advice as well as transactional documents. In addition, the firm has broad experience and understanding of the issues facing the Kern County healthcare community. TAX PLANNING Taxes are often a substantial consideration in litigation and in almost all other types of transactions, and
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Dan Klingenberger | Alan Mish | Tom Feher | Bob Joyce Andy Sheffield | Amanda Lucas | Kelly Lazerson the firm’s three tax attorneys are able to provide the necessary tax advice to firm clients. The firm’s civil litigation practice is lead by Dennis Thelen, who has more jury verdicts in civil litigation cases than any other practicing attorney in Kern County. Dennis’ practice primarily involves malpractice defense of health care providers as well as representation of physicians in California Medical Board matters. However, Dennis has on occasion represented plaintiffs and defendants in personal injury and wrongful death matters and has experience with business and employment litigation matters. Dennis is a Fellow of the American College of Trial Lawyers and a Diplomate of the American Board of Trial Advocates. Joining Dennis in his practice are his son and partner, Kevin Thelen, as well as partners Alan Mish and Amanda Lucas, along with Gary Logan. Partners Tom Feher, Andy Sheffield, and Bob Joyce are involved in the other types of civil litigation, including matters involving probate and trust administration, real estate, and business disputes. Chelsie Morgan is also part of this practice group. The employment group is led by Dan Klingenberger with Kelley Lazerson adding her experience support and counsel to that group. Tom Feher is also part of the employment group. Partners Bernie LeBeau, Tom McIntosh, Tom Crear, Nick Mears, J. Nile Kinney, Pat Carrick, and Ben RES IPSA LOQUITUR
LeBeau are members of our “transactional group.” The practice of the transactional group is very broad, as it involves all of the firm’s practice areas other than civil litigation and employment law, although tax or other business consultation on litigation and employment matters often arise. Nick shares tax attorney responsibility with Tom and Bernie as he also has an LL.M (in Taxation). Tom McIntosh is the “go-to” attorney for probate and trust administration matters involving the Probate Court. All those attorneys other than Pat Carrick and Nile Kinney, are involved with estate planning matters. Nile Kinney’s practice involves mainly oil and gas matters. Pat Carrick handles sophisticated planning and litigation involving complex business, oil and gas, and environmental matters including CEQA litigation and appeals. Bernie LeBeau has been the firm’s managing partner from its inception. He uses his accounting and tax background to help the firm manage the ups and downs of the legal business in order to minimize or eliminate the down periods. Bernie is most proud of the collegial atmosphere of the firm. Other than losing partners to the bench, the firm has had only one other partner leave, which is not a bad record for a 34-year old firm. The firm believes in taking care of its people, whether it be the most successful partner or its newest file clerk. Since its inception, it has always paid for 100% of the health insurance costs of its employees. Attorneys and staff spend a lot of time at the firm, so we try to make it a nice place to be and work.
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THE VIEW FROM OVER THE WATERSHED Padding the column with quotes and song lyrics, are we? by Jay C. Smith I regularly frustrate friends and family—and, before I retired, clients—by saying, so very often, “It all depends…” Sometimes I finish the phrase with a concise list (or a long list) of the factors on which I think the answer to the issue/question depends. Usually I just let it trail off. Either way, I think it is usually accurate, no matter how simple the issue appears at first review. A science fiction author named Poul Anderson (yes, Poul, not Paul. Crazy Scandinavians!) said, “I’ve yet to see any problem, however complicated, which when you looked at it the right way didn’t become still more complicated.” I agree. We find ourselves in November and December, months that harbor such holidays as Thanksgiving, Christmas, the Birth of the Prophet (Mohammed, that is) and Bodhi Day (celebration of the day Buddha was first enlightened). This season is one of thanksgiving and giving. It might be a good time to talk about the Homeless problem (or the street people problem, as some would have it). Anyway, that’s what I will be writing about. It’s a major concern as I write, and I sadly believe that the problem will still loom large, unsolved, in Bakersfield by the time this column appears in the Res Ipsa. One approach to solving a social problem is to determine the cause(s) of the problem, then change the cause(s) so that the results change for the better. Unfortunately, so far we can’t even agree on the cause of the problem. Basically ok people down on their luck in a society with high rents? Once ok but unlucky folks who now are so damaged by the lives they’ve been forced to live they can’t fit in? People with untreated mental illness? Drug addicts and petty criminals free to wander about as they please because of misbegotten criminal justice “reform”? I’m one of those softies who thinks a large part of the homeless are best described as “unlucky” and “unlucky then damaged;” As The Band sang in The Shape I’m In: “I just spent sixty days in the jailhouse/ For the crime of havin’ no dough./Here I am back on the street/For the crime of havin’ nowhere to go-oh.” Accordingly, I worry about some of the “tough love” (and, in some cases, downright harsh non-love) solutions.
I understand that many nice people, smarter AND more humane than I am (and some who are neither) think that the vast majority of the “homeless” are really better described as “street people” who like their lives and drugs they obtain by petty theft or begging and don’t care how it inconveniences the rest of us. Those who see the problem that way think that restoring order and acceptable behavior should be the primary goal. Haul people off to camps in the desert if necessary! I’d like to be sure that we’ve done as much as we can for the homeless who are just down on their luck before we start dealing with the (folks I assume are) petty criminals standing around so many freeway exits with signs proclaiming they are hungry. The solution, if there is one, depends on what the problem really is. I’ll talk about mental illness issues next column, and leave you with the words of Alf Doolittle (Liza’s father in Pygmalion/My Fair lady): “I’m one of the undeserving poor: that’s what I am. Think of what that means to a man. It means that he’s up agen middle class morality all the time. If there’s anything going, and I put in for a bit of it, it’s always the same story: “You’re undeserving; so you can’t have it.”… I don’t need less than a deserving man: I need more. I don’t eat less hearty than him; and I drink a lot more. I want a bit of amusement, cause I’m a thinking man… Well, they charge me just the same for everything as they charge the deserving. What is middle class morality? Just an excuse for never giving me anything.” ― George Bernard Shaw, Pygmalion
NOVEMBER/DECEMBER 2019
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SHADES OF 1984 by John Stovall
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HE WILDFIRES THAT have befallen our state might cause one to wonder: Why California? Why now? Other states have forests and nearby communities with electricity— they have not had these firestorms. California itself has had communities with electricity close to and within forests, but without these conflagrations until recently. We’ve had hot and windy days before without the fire storms that face us now. Before we unfairly harass electric workers, we might want to ask those questions. I submit the true causes have been lost down George Orwell’s 1984 “memory hole.” Many Kern residents and others in the San Joaquin Valley are familiar with the loss of water caused by
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enforcement of “environmental” regulations without regard for human costs. For no significant benefit to the environment, farms and communities in Kern and other south valley counties have lost hundreds of thousands of acre-feet of water. Aside from the cost of that phantom water, we have lost thousands of jobs and millions of dollars in lost crops due to unreasonable enforcement of these regulations. Outside our area many have forgotten facts that have disappeared down the “memory hole.” Some have forgotten that vast segments of forest were declared off limits to normal timber harvesting and clearing of underbrush. Some have forgotten that thousands of jobs in the timber industry were lost as single purpose bureaucrats tried to foster habitat for “endangered species.” Some have forgotten the warnings more than three decades ago that a resulting build-up of underbrush in our forests and grasslands would pose a severe fire hazard. We pillory those trying to provide us with essential electric power, but they are unable to clear brush in most of the forests because of practices that disregard
fire hazards in favor of phantom benefits to “habitat”. The cost of clearing right of way and forest roads has risen significantly due to environmental regulations and threats of “eco-extremist” lawsuits. Forced investments in millions of dollars for inefficient power sources have further limited the clearing of rights of way. All this while more efficient methods of reducing carbon dioxide emissions, such as nuclear power plants and enhanced hydroelectric power plants, are disregarded by extremists hiding behind the “environmentalist” mantle. Those younger than 35 can be forgiven for not knowing this history. For those of us over 35, it’s time we recall the history of why our forests and brush land have become tinder boxes. It’s time we demand environmental regulations that take into account the extreme human costs, in property and in lives, that these regulations impose.
ABOUT THE KERN COUNTY BAR ASSOCIATION EXECUTIVE COMMITTEE Doug Gosling President Joseph Hughes Vice President Alekxia Torres Stallings Treasurer
This piece originally published in The Bakersfield Californian.
Xochitl Garcia Secretary
John Stovall, a retired attorney and professor, and KCBA member, has lived in Bakersfield more than 60 years.
Chris Hagan Past President
INSURANCE SOLUTIONS
Mercer is working with the Kern County Bar Association to provide direct access to the State Bar Sponsored Lawyers Professional Liability Insurance Program in a way that supports the KCBA and its mission. For more information please contact: Jack Witherspoon 415-983-5658
Information regarding the State Bar Sponsored Professional Liability, Life Insurance, Accidental Death & Dismemberment and Workers Compensation programs, including easy to complete on-line applications, is available at: www.mybarbenefits.com
PAROLE HEARING POSITIONS THE BOARD OF PAROLE HEARINGS
DIRECTORS Bernard Barmann, Jr. Carol Bracy Jeremy Brehmer Gina Cervantes Diane Christian Thomas Feher Gabriel Godinez James Harvey T. Mark Smith Hunter Starr
ABOUT THE KERN COUNTY BAR ASSOCIATION CHARITABLE FOUNDATION EXECUTIVE COMMITTEE Barry L. Goldner President Patrick E. Jennison Vice President Catherine E. Bennett Chief Financial Officer Susan M. Gill Secretary
The Board of Parole Hearings is seeking attorneys to represent inmates throughout the state of California in the parole suitability hearing process. Compensation up to $9750 for each week of assigned hearings; preparing and representing multiple inmate clients. For more information regarding the panel attorney appointment program, send an email to: BPH-AttorneyScheduling@cdcr.ca.gov
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THE BOARD OF PAROLE HEARINGS
htps://www.cdcr.ca.gov/BOPH
DIRECTORS Hon. Tom Clark John Stovall Seth O’Dell T. Mark Smith Joe Hughes Alekxia Torres Stallings NOVEMBER/DECEMBER 2019
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PRESIDING JUDGE JUDITH K. DULCICH by Susan M. Gill
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UDGE JUDITH K. Dulcich has been serving as the Presiding Judge of Kern County Superior Court since January 1, 2019. With her impressive organizational skills and kind demeanor, she is perfectly suited for the role Judge Dulcich spent her childhood in Virginia, Oklahoma, and finally San Diego. She studied Political Science and played in the band at San Diego State University. After earning her law degree from the University of San Diego, Judge Dulcich came to Kern County to work for the Kern County District Attorney. She wanted to be a prosecutor, and she admired Kern County District Attorney Ed Jagels, who she described as engaging. Nonetheless, she fully expected to move on in a few years. However, she enjoyed the work and Kern County, and she sank down roots deep into the Kern County soil. While prosecuting cases in the North Kern Court, she met attorney John Dulcich. They married and soon became parents to twins, Jana and John. The children are now in their last year of high school and will soon be moving onto college. In October 2007 Judge Dulcich was appointed to the Kern County Superior Court bench by Governor Arnold Schwarzenegger. Her first assignment as a judge was in Family Law, an area in which she had never practiced. Nonetheless, Judge Dulcich’s work ethic and intelligence soon earned her a reputation as a fine Family Law judge. She was the Assistant Supervising Judge in that department when she accepted an assignment as the Shafter Resident Judge in November 2009. She served in that court for seven years. In 2017, with her children in high school in Bakersfield, she asked to return to the Metropolitan Branch of the Court. Beginning in January of that year, Judge Dulcich presided over preliminary hearings and felony trials at 1415 Truxtun. In September she was tapped to be the Supervising Judge in Misdemeanors. Elected to the role of Assistant Presiding Judge in October 2017, she began a four-year term in 2018. During the first year she served as the Assistant
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Presiding Judge under Judge Charles Brehmer. She has great praise for Judge Brehmer. “He was wonderful. He was always available to me to discuss issues and to mentor me.” After Judge Dulcich’s two years as the Presiding Judge, she will turn over the reins in 2021 to Judge Colette Humphrey, remaining on to serve as the Assistant Presiding Judge during 2021. “In this way, the Court has continuity of leadership,” Judge Dulcich explains.
I feel like I’m back in Family Law. It is different, and I like the challenge. In Kern County the Presiding Judge divides her time between the criminal felony readiness and trial management calendar in Department One and administrative responsibilities toward the 36 judges and seven Commissioners. And, as the Presiding Judge, she is always on search warrant duty in a backup capacity. In her administrative role, Judge Dulcich works closely with Court Executive Officer, Tamarah HarberPickens, and the administrative court staff. She is greatly appreciative of the fine court staff who share so much of the administrative responsibilities. Although her service as the Resident Judge in Shafter provided valuable administrative experience, the first two months as the Presiding Judge presented a steep learning curve. She was astounded by the volume of e-mails received by the Presiding Judge. “Some require action and decision, and others are simply informational. But, all must be read.” She takes great care not to miss anything in the myriad of daily e-mails, which can be challenging, considering the time she spends on the bench. When asked about the workload of having what amounts to two fulltime positions in the Court, Judge Dulcich laughed and
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NOVEMBER/DECEMBER 2019
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KCBA MEMBERSHIP UPDATE FOR SEPTMBER/OCTOBER NEW MEMBERS NINNETH SEGURA Greater Bakersfield Legal Assistance, Inc. 615 California Avenue Bakersfield, CA 93304 ninneths@gmail.com MOHAMMAD IRANMANESH Kern County District Attorney 1215 Truxtun Avenue Bakersfield, CA 93301 661-868-2760 miranmanesh@kernda.org CELESTE C. TORRES Ghitterman, Ghitterman & Feld 2003 20th Street Bakersfield, CA 93301 661-846-2270 celeste@ghitterman.com PATRICK BOWERS bowers.patrick@gmail.com NATHAN M. HODGES Hodges Law Group 1925 G Street Bakersfield, CA 93301 661-316-7888 nathan@hodges-lawgroup. com CHRIS STAHNKE chris.stahnke@gmail.com JANO MATTAEO Kern County Public Defender 1315 Truxtun Avenue Bakersfield, CA 93301 661-868-4799 mattaeoj@kerncounty.com
ROGER H. PONCE JR. Ponce Law Group, APC 4163 Beverly Blvd. Los Angeles, CA 90004 323-644-4991 info@rogerponcelaw.com RENWALS PAUL M. HARMAN Bigger & Harman, APC 10717 Rising Sun Dr, 203 Bakersfield, CA 93312 661-859-1177 paulharman412@gmail. com MICHAEL T. WHITTINGTON Law Office of Michael T. Whittington 10000 Stockdale Hwy. Bakersfield, CA 93311 661-664-6899 mtw@mtwlawyer.com JOSHUA WILSON Darling & Wilson, PC 1626 19th St., Ste 23 Bakersfield, CA 93303 661-325-5075 jwilson@dwlawfirm.com ANTON LABRENTZ Darling & Wilson, PC 1626 19th St., Ste 23 Bakersfield, CA 93303 661-325-5075 alabrentz@dwlawfirm. com LAW STUDENTS JEANETTE IRIGARAY JACOB THOMASY
SEE YOURSELF HERE. THE RES IPSA LOQUITUR PUBLISHES NEW MEMBERS AND RENEWALS FOR THE TWO MONTHS PRIOR TO ISSUE. MAKE SURE TO INCLUDE YOUR FULL CONTACT INFORMATION WITH YOUR RENEWAL SO WE CAN INCLUDE IT HERE.
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said, “I feel like I’m back in Family Law.” However, she is enjoying putting her organizational skills to work. “It is different, and I like the challenge,” she said. The Kern County Bench is fortunate that Judge Dulcich supports involvement on statewide committees of the Judicial Council and other organizations, as did her predecessor, Judge Brehmer. She is currently a member of the Judicial Council’s Pretrial Release Operational Workgroup. Judge Dulcich believes it is important for the Kern County Bench Officers to participate in statewide activities to stay current on pressing issues and to ensure that Kern County is visible at the state level, so as to have input on issues. Judge Dulcich is grateful for the support of the Kern County Bench, who understand the need to work as a team and support the Presiding Judge as a leader. She strives to make assignments in accordance with the preferences of the judges, or at least assignments they are willing to accept. She also appreciates the professionalism of the attorneys she encounters on the criminal calendar. Judge Dulcich is excited to work with Judge Humphrey during the next two years, as Judge Humphrey brings with her prior experience as the Presiding Judge of the Kern County Superior Court, as well as a mastery of management skills. The other judges on the Kern County Superior Court bench are grateful to Judges Dulcich and Humphrey and the others who have stepped forward to serve in the challenging and timeconsuming position of our Presiding Judge. Our entire community is the beneficiary of their leadership.
The State Bar of California’s Lawyer Assistance Program The State Bar's Lawyer Assistance Program (LAP) is here to help lawyers who are grappling with stress, anxiety, depression, substance abuse or concerns about their career. Our counselors can offer a free assessment of your situation and help you get the help you need, whether it’s for a mental health issue, substance abuse or a medical condition. (There are some fees if you join a group or need additional services.) Douglass Hull, Director Lawyer Assistance Program
877-LAP-4HELP / 877-527-4435 Email: LAP@calbar.ca.gov
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ADVOCATUS CAECUS I have been fortunate in that, for the past 15 years, I have been able to read between 75 and 100 books a year. Actually, I do not “read” them; I listen to digital recordings of those books being read aloud. I listen to mostly non-fiction, including history, biography, philosophy, economics, politics, and science. Most of these books are produced pursuant to federal law and made available to the blind for free. Occasionally, the publicly available books are reproductions of commercial audiobooks. These are usually better produced and more enjoyable to listen to. I particularly enjoy books that have an autobiographical slant and are read by the author. I have listened to books by Tom Brokaw, Sandra Day O’Conner, Kareem AbdulJabbar, and others. The author’s voice gives you a sense that you are really getting to know the author more than could be gleaned from the printed page. I have also noticed that most books that are autobiographical in nature either paint the author in a heroic manner, or at least as an objective observer of the facts. A couple of examples are Hillary Clinton’s works What Happened and Living History, and Ken Starr’s book Contempt. I recently listened to James Comey’s 2018 publication A Higher Loyalty: Truth, Lies, and Leadership. It was autobiographical, and the commercially produced recording was read by the author. In spite of all this, my overall conclusion about James Comey, after reading his version of history, delivered in his own voice, is that he is, pretty much, a weenie. James Comey was much in the news in 2016 with his poorly timed announcements, in July and October, about the Hillary Clinton email investigation. He again was prominent in the press when President
Trump unceremoniously fired him from his job as Director of the FBI in May of 2017. Comey’s versions of these events are interesting. What is more interesting, however, is Comey’s version of the private meetings he had with Donald Trump concerning his continued leading the FBI. For those of you who despise Donald J. Trump, the description of those meetings will confirm for you his petty self interest and narcissism. As I have said before in this column, our President is a jackass. Those descriptions of conversations will probably also help you agree with my conclusion that Comey is a weenie. Trump specifically told Comey that he demanded personal loyalty and asked for his commitment to the same. Comey did not want to so commit. Instead of saying “no,” he told the President that he would never lie to him. When asked to promise loyalty, Comey promised honesty. It was obvious from the conversation that the President interpreted that commitment as “honest loyalty.” The only honest answer Comey could have given when asked for a commitment to personal loyalty was a negative one. By giving an artful answer, instead of an honest one, Comey showed that he had neither loyalty to the President, nor to honesty. It leaves one wondering, to what “higher loyalty” Mr. Comey was referring to in the title of his book. I strongly recommend that you read (or listen to) the book and form your own conclusions. About the author: C. M. Starr II is an attorney retired from the District Attorney’s Office. He spends much of his time listening to audiobooks and is currently helping to establish the Kern County College of Law. He writes for Res Ipsa Loquitur as an outlet for his need to pose questions beyond those raised by his former legal work. NOVEMBER/DECEMBER 2019
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THE END OF THE SOCAL STIP
by Jeffrey P. Koller and Rosalie Kramm
For decades, attorneys in Southern California have utilized and recited a stipulation at the end of deposition proceedings in Superior Court matters colloquially referred to as the SoCal Stip. The stipulation relieves the court reporter of his or her duties under the California Code of Civil Procedure and allows the original transcription to be sent directly to the witness or witness’ attorney for reading and signature. The agreement usually goes on to say that opposing counsel or the witness will then notify the noticing attorney of any changes made to the transcript within the period allotted for reading and signature, usually 30 days pursuant to an errata sheet. Attorneys who have attended recent depositions may California traffic to get to the court reporting agency’s be aware of a movement among court reporters to office for reading and signing transcripts were decline the Southern California stipulation. How did becoming increasingly difficult. It is rarely used in the SoCal Stip come into being, and why is it now Northern California. Court reporters have always being rejected by reporters? been uncomfortable with the SoCal Stip due to their concern for the integrity of the original transcript and FOLLOWING PROTOCOL exhibits for the potential opportunity for a party to Certified stenographic reporters are highly regulated tamper with the physical original transcript or exhibits in the state of California, more when reporters are relieved of so than in many other states their duties. throughout the United States. CSRs work hard for their Though it made them uneasy, credentials, and they work the SoCal Stip had been an equally hard to expand their accepted practice by Southern talents and skills throughout California court reporters their careers. As officials for many years, as they of the court, they take their understood the reason it was responsibility as guardians used. of the record seriously. They learn the California CCP MODERN REPORTING with attention to the sections With all the advancements pertaining to the capture and in technology since the preservation of the official record and strive to ensure stipulation’s inception, including electronic transfer the code is followed in every instance. and signature capabilities as well as document and communication security, the rationale for the SoCal When deposition transcripts are handled “per code,” Stip is effectively negated. Recognizing there is no they physical original transcript is retained by the longer a need for the stipulation, reporters are now reporter or court reporting agency throughout the preferring to protect the integrity of the record by entire production process, safeguarding its integrity handling the original transcript per code and, in some until the reading and signature period has elapsed instances, are declining to abide by the SoCal Stip. for the deponent after being notified of same by the court reporting agency. At the appropriate time, the Rejecting the SoCal Stip is not a practice being transcript and exhibits are sealed and delivered to adopted by only a few court reporters or those who the noticing attorney. work with any specific agencies, but by Southern California reporters at large. Attorneys are already ORIGINATION OF THE SOCAL STIP feeling the impact at depositions they are taking or The practice of using he stipulation began in the defending regardless of which agency they schedule 1970s when the logistics of negotiating Southern with.
Rejecting the SoCal Stip is not a practice being adopted by only a few court reporters
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16 KERN COUNTY BAR ASSOCIATION:
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17 WHAT TO EXPECT This reporter preference is expected to become increasingly common over time. In most cases, attorneys would simply adhere to the CCP regarding the handling of the original transcript within the deponent’s statutory 30-day time frame for review and signature and only stipulate to a shorter or longer time period, if needed. At the deposition’s conclusion, simply stated, “handle per code.” Adhering to the code continues to be a proper way to handle deposition review and signature within California and across the country. The deponent does not need to go to the reporter’s office and does not need to sign before a notary public. Pursuant to CCP 2025.520(c), the deponent may read a certified copy of the transcript, and an errata sheet for any changes and a signature page will be provided with the transcript by the agency. After the deponent has had the statutory allowable 30 days to read and sign a transcript and all parties in attendance have been notified of any changes, per CCP 2025.550, the sealed original transcript will then be sent to the noticing attorney, who will “protect it against loss, destruction or tampering.” BOARD OPINION In December 2015, the Court Reporters Board of California published a legal opinion on this issue indicating that court reporters do not have an obligation to follow the terms of a stipulation relieving them of their legal duties unless they have agreed to such stipulation. The opinion stated, “If the court reporter is not in agreement with the stipulation of the parties to waive his or her court reporter duties, the board cannot discipline the reporter.” The change in procedure really is not a change at all, so much as it is simply removing a stipulation that has become unnecessary. By declining to abide by the SoCal Stip, court reporters are honoring their responsibility to protect the integrity of the record. Jeff Koller is an attorney licensed in California who has had a split career as a legal practitioner handling matters from inception through trial and appeal and working in court reporting services for 20 years. Rosalie Kramm, CSR, RPR, CRR, is a respected court reporter in Southern California with more than 30 years’ experience who has served in several leadership roles in the California court reporter community. For more on the SoCal Stip, see the Order from Presiding Judge Judith K. Dulcich at right.
IN RE: COMPLIANCE WITH CODE OF CIVIL PROCEDURE § 2025.550 AND REJECTION OF SOUTHERN CALIFORNIA STIPULATION FOR SUBMISSION OF UNSEALED ORIGINAL DEPOSITION TRANSCRIPTS By Order of the Presiding Judge: There has been a past practice of allowing attorneys to submit unsealed original transcripts to the Court under what is known as the Southern California Stipulation (SoCal Stip), in which the court reporter is relieved of his/her duty under Code of Civil Procedure § 2025.550 and the original transcript is sent directly to the witness or the witness’ attorney for reading and signature. When deposition transcripts are handled properly per Code Civ. Proc. 2025.550, the physical original transcript is retained by the court reporter throughout the entire production process, safeguaring its integrity until the reading and signature period has elapsed for the deponent. At the appropriate time, the court reporter must produce an original sealed transcript with attached corrections, if any, and deliver it to the noticing attorney. The transcript is then preserved for filing with the coirt in its sealed form. With all the advancements in technology since the SoCal Stip’s initial development, including electronic transfer and signature capabilities, as well as document and communication security, the rationale for the SoCal Stip no longer exists. Accordingly, the Court will no longer allow unsealed original transcripts to be submitted to the Court under the SoCal Stip. Rather the Court will require attorneys to comply with Code Civ. Proc. § 2025.550, which will safeguard the integrity of the original transcript and exhibits and prohibit the potential opportunity for a party to tamper with the physical original transcript or exhbits when court reporters are relieved of their duties. This order shall be effective, and Code Civ. Pro. § 2025.550 shall apply, to all depositions noticed on or after November 1, 2019. Judith K. Dulcich, Presiding Judge NOVEMBER/DECEMBER 2019
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VETERAN’S STAND DOWN EVENT
by Victoria Limbean, Marketing and Communications Coordinator, Greater Bakersfield Legal Assistance
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ERN COUNTY HOSTED its 21st Annual Veteran’s Stand Down on Thursday, October 10, 2019 at Stramler Park in Bakersfield. This event was made possible through the collaboration of local service providers including California Veteran’s Assistance Foundation, The Housing Authority of the County of Kern, Greater Bakersfield Legal Assistance, Inc., and sevral others with a goal to give back to underserved veterans in our community. In total, the event served 561 local veterans, 125 of which identified as unstably housed or literally homeless. The term “Stand Down” refers to the time during war that combat soldiers are given to rest and relax. They receive needed services and camaraderie with other soldiers. The Veteran’s Stand Downs of today provide that same atmosphere. Some of the services available include physical and mental health services, assistance with social security or veteran’s benefits, on-site civil legal consultations, career services, housing resources, as well as a hot shower, warm clothing and shoes, a clean haircut and fresh food. There is an atmosphere of positive energy where providers move mountains for veteran success. Historically, lawyers and other legal aid staff have been present at this event, which is a tradition that still carries on today. With participation from GBLA and its Volunteer Attorney Program, the Kern County Law Library, and the Family Law Facilitator’s Office, vets are able to receive free legal counsel at the event. Kern County then furthered these efforts by bringing Veterans Court to the Stand Down. That’s right, we bring the Court to our vets! Veterans Court is a project of GBLA’s bimonthly Homeless Court, and serves to remove minor misdemeanor violations and traffic fines right there at the Stand Down for those who have registered in advance. Each individual’s name is given to Superior Court staff who review the records, pull the files, and prepare traffic violation and misdemeanor lists. The District Attorney and Public Defender’s office then review the cases together and determine “fines,” in terms of community service hours, to be performed as part of a vet’s sentence. Service hours are completed prior to attendance at the event. When Veterans Court RES IPSA LOQUITUR
begins, participants enter the legal tent to speak to their defense attorney before Judge Louie Vega, a Vietnam veteran, calls the cases inside for a hearing. To others, forgiveness of a jaywalking or shopping cart ticket may seem like a little thing; however, to these veterans, for whom homelessness often feels like the real crime, this “small” assistance can be immeasurably helpful. Ana Vigil, GBLA Homeless Court Coordinator, stated that she is “grateful to have been part of this event for the past 14 years. Veterans always thank [her] because [she] is the one in charge of their volunteer hours and marks them completed once they report back.” She always responds back, however, “no- thank YOU for your service!” Participants’ gratitude shows as they leave the podium with a smile and a “good luck” from the Judge. To all of those who made this event a success, from the entire Stand Down Committee, to the District Attorney, Public Defender, Superior Court staff, GBLA, and Judge Vega–we say “thanks for giving.” Thanks especially for giving to those who have given so much to us and for us. We thank all of our veterans! We are looking forward to next year’s Stand Down on October 8, 2020. To make a difference at the 2020 Veterans Stand Down, or any time throughout the year, contact GBLA’s Volunteer Attorney Program Coordinator at 661-325-5943.
AREAS OF PRACTICE GUIDE Advertise in this area. Contact the KCBA at info@ kernbar.org for details. Paul Lafranchise The Lafranchise Law Firm plafranchise@gmail.com (661) 549-2737 Employment law on behalf of employees only, including wrongful termination, employment discrimination, and wage-and-hour violations
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BE A CONSTITUTION DAY READER by Hunter E. Starr
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ESPITE MY AGE, my education, and my profession, I somehow still felt a measure of trepidation about reporting to the principal’s office. The smells of freshly cut grass wafting in from outside, freshly copied paper stacked on the front desk, and old books (perhaps psychosomatic, as I did not see any) seemed to effervesce around me as I stood, somewhat awkwardly, waiting to be escored to the school cafeteria. I was in no trouble, of course. I had come to Stella Hills Elementary School to read for Constitution Day. Constitution Day commemorates the signing of our nation’s founding document, which took place on September 17, 1787. While Constitution Day, as a national holiday, has roots dating back many years. William Randolph Hearst suggested a holiday to celebrate the Constitution. The idea was popular, but no holiday resulted. Several efforts were made throughout the century to create a national holiday, but to no avail. That is, until after the turn of the new millennium, while George W. Bush was president. The holiday was created by the Constitution Day amendment to an omnibus bill. While this day may lack the pomp and explosive circumstance of the Fourth of July, the Kern County Bar Association celebrates by going to school campuses all over Bakersfield and sharing historical and cultural information about the United States Constitution with this nation’s future generations. This year, I got to participate in this celebration as a “Constitution Day Reader,” and I think I am hooked. Before visiting Stella Hills, I received two books: Sylvia & Aki, by Winifred Conkling, and Fighting for Justice: Fred Korematsu Speaks Up, by Laura Atkins and Stan Yogi, and impressively illustrated by Yutaka Houlette. Each book tells a story of the struggles of unfair treatment based on race or ethnicity. While the books relate gloomy details from our not-so-distant past, they also harken to the noble goals laid out in the Bill of Rights. RES IPSA LOQUITUR
When the entire fifth grade showed up for the assembly at which I was to read, I thought it would be a good idea to start off with something fun and exciting: discussion of the history of the United States Constitution by Socratic Method. Looking back on it, perhaps I should have tried juggling, but the students engaged like I never could have expected. They knew about the constitution, the time period in which it was written, and could even describe what it looked like! With the fifth graders actively engaged, we talked about the story of Fred Korematsu, and how his case, and his family’s perseverance, made history. Then I read an excerpt from Sylvia & Aki. This beautiful story is one that I plan to read to my children when they are a little older. It tells the true story of two Southern California girls, one a Latina, the other a Japanese American, and how events in the 1940s caused their lives to intersect and be changed forever. I read a full chapter to the students. Halfway through, I realized that the entire room that had been heretofore brimming with excitement, hand-raising, and shouting out of answers to questions about the constitution, had fallen completely silent as the kids listened to me read. Every now and then, a collective sigh or gasp at the story’s contents would break the tension. And when I finished the chapter, the students looked like they yearned for more. Being a Constitution Day reader was an incredibly rewarding and enjoyable experience. The students’ hunger to engage with the information, and their rapt expressions during the reading profoundly impacted me. This is something these kids really need – but it was also something I needed to be doing. I just hadn’t realized it. Next September, when Constitution Day rolls around, keep an eye out for the opportunity to be a Reader. You won’t regret it.
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GETTING THE MOST OUT OF MEDIATION by Bernard C. Barmann, Jr. PART 1 - HOW TO POSITION A CASE FOR MEDIATION
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O YOU ARE considering mediation or have one scheduled. How should you approach the mediation so that you can get th emost value for your side? The key lies in having the proper mindset. MEDIATION MINDSET Have a mediation mindset. To get the most out of mediation, one must have a mediation mindset, which is quite different from a litigation mindset. To begin to understand what a mediation mindset is, consider this line from one of the most famous books on warfare, The Art Of War by Sun Tzu: “The supreme art of war is to subdue the enemy without fighting.” Litigation is fighting. Mediation is dispute resolution where you subdue the other side without fighting. Make no mistake, do not think that mediation involves weakness because it does not involve fighting. As with litigation, your goal is to get the best resolution you can, but the tools and the approach needed to gain the most in mediation are very different from litigation. To learn more about what a mediation mindset is, consider what characteristics make a good litigator versus what makes a good mediation advocate. Characteristics of a good litigator: Prepared, competitive, confident, dogged, steadfast, and fast acting. Characteristics of a good mediation advocate: Prepared, negotiator, empathetic, open-minded, problem solver, patient. PREPARED In both litigation and mediation, preparedness is the key. It is essential that you have all the ammunition you can muster to persuade the other side. Having good command of the facts and law demonstrates that you are negotiating from a position of strength. This should also make your client feel confident RES IPSA LOQUITUR
that they are positioned to get the best available settlement. Additionally, it is essential that you have a negotiating strategy going in to the mediation. You cannot just wing it and be maximally effective for your client. Without a negotiating strategy you risk failing to gain the best available deal for your client. I will discuss negotiation strategy tips later in this series under Topic 3 – Negotiating effectively. NEGOTIATOR Participants in mediation must be willing to be flexible. Notice I did not say compromise. Mediation is not about accepting a resolution that you and your client believe is unreasonable or unfair. Mediation
involves negotiation, which means working with the other side to create value and also working to capture as much of that value for your side as you can while reaching an agreement. This also means that no mediation should be undertaken unless both the lawyer and the client are prepared to make a reasonable deal. Participants must realize that almost every lawsuit involves risk. The party who is determined to “win” is usually wasting everyone’s time. EMPATHETIC Empathy means the ability to recognize the perspective of a counterpart, and the vocalization of that recognition. In other words, empathy involves paying attention to another human being, asking what they are feeling, and making a commitment to understand their world. Notice that I did not say anything about agreeing with the other side, or even agreeing with their values and beliefs. Being empathetic allows you to understand the other side so that you can begin to understand their interests and values so that you can negotiate effectively.
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PROBLEM SOLVER Problem solving is very different from advocacy. Advocates think in terms of arguments in response to the positions presented to them. Advocates listen to respond. Problem solvers listen to understand. Problem solving is not about right or wrong. Problem solvers see opportunities when presented with challenges and objections. When an apparent obstacle to settlement raises its head, strong problem-solving skills will allow parties to craft solutions that eliminate or avoid the obstacle.
PATIENT Many mediations require long hours, sometimes more than one session, or extensive follow up work on the telephone to reach a settlement. At some point it can be tempting to give up on the prospect of settlement instead of staying focused on the objective. For mediation to work, mediation participants must resist the temptation to rush the process. Sometimes one party or the other may need some time to adjust their thinking in light of new information, or it may take some time for hostilities to dissipate and for the parties to enter into a mindset where they can work cooperatively toward a resolution.
OPEN-MINDED Being prepared and having a strategy are critical to success in mediation, and so is keeping an open mind. Anyone going into mediation with a closed Bernie Barmann is a mediator and business trial minded approach could miss out on opportunities attorney who for more than twenty-eight years has to resolve the dispute, and possibly opportunities effectively represented businesses and individuals to achieve even more value for their side. By in a wide variety of civil disputes in state and federal paying attention and listening carefully, mediation courts throughout California and in other jurisdictions. participants likely will learn things that they do not already know, sometimes surprising things. Each side should know its own case very well, but there likely are things about the case or about the other side that the parties Board of Parole Hearings do not know. There may be issues or State of California facts they have not yet considered Administrative Law Judge I in their analysis of the value of the case. The other side may have Positions Available Statewide needs or interests about which the opponent is not yet aware. There Monthly Salary Range: $8,984.00-$11,300.00 may be solutions to the dispute that Benefits: Health Insurance (health, dental, vision) and retirement plan the parties have not yet considered. Regional Office Locations: Sacramento, Fresno, Wasco and Chino And there may be weaknesses in the Job Description & Duties: An Administrative Law Judge I presides case of which one side or the other is over Suitability and Mentally Disordered Offender hearings at prisons not aware. Whatever pre-mediation statewide, writes decisions on Nonviolent Offender Parole, expectations and preconceived ideas Administrative Reviews, Petitions to Advance and Parole Discharge. the parties have, they should be MQs: 1) Active member in good standing with California State Bar; 2) prepared during mediation to adjust five years of experience practicing law; 3) two years of experience in their thinking to accommodate what judicial capacity (defined as judge pro tem, mediator, arbitrator, hearing they learn during the mediation, and officer conducting interrogatories, depositions and other inquiries). Some be open to solutions that before the criminal experience is helpful, but not required. mediation they may not have thought Apply at: CalCareers https://calcareers.ca.gov. Create an account and about or may have thought would complete the test titled “Administrative Law Judge I, Board of Parole not be acceptable or feasible for their Hearings.” Mail Examination Application and Qualification Assessment side. as indicated in the job posting.
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LIFE OF A 3L by Alex N. Dominguez
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RECENTLY ACCEPTED AN internship with the Permanent Observer Mission of the Holy See to the United Nations during the Spring of 2020. After a very competitive application process, I was lucky enough to be selected among Catholic students from across the world. While I still plan on returning to Bakersfield and Klein DeNatale Goldner, I am very excited to work and learn alongside the Church and its team of diplomats at the United Nations. The Holy See is the central government of the Roman Catholic Church. It has legal personality equivalent to that of a State, that allows it to enter into treaties and send and receive diplomatic representatives, among other powers and authorities. Since October of 1957, the Holy See has held relations with the United Nations, however on April 6, 1964, the Holy See obtained Permanent Observer status; a status obtained rather purposefully in order to maintain absolute neutrality. Over my five-month internship, I will be able to work on a variety of international issues including: combatting terrorism; protecting migrant populations; and ensuring reliable and sustainable food supplies for all. I am especially interested in covering the issue of international terrorism. I am currently enrolled in a course covering international security law and policy. Here, we have specifically focused on United States domestic law and how the events of September 11, 2001 changed those laws. We have also reviewed other countries and their respective legal efforts to combat terrorist acts. I am excited to learn more about this topic and how diplomacy, and the Church especially, can work to fight against these violent actors. As many of you know, I am a vocal advocate for our community’s DACA population. During my time as Student Government President at Bakersfield College and CSU, Bakersfield, our teams worked with both the state and federal legislature to ensure protections over these students. I am honored to be able to bring not only their stories to the United Nations, but the stories of many of our friends and neighbors all throughout our Central Valley. I am also very interested in exploring international agricultural issues. During my time with The Wonderful Company, I spent a considerable amount of time analyzing and reviewing domestic agricultural issues and international trade. I am very interested to learn
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how other countries are addressing certain agricultural issues similar to those we face here at home such as, water rights and conservation and pesticide use and regulation. This is one of the biggest learning experiences I could have ever received. While I am excited for this opportunity, I know certain responsibilities come along with it. There is a responsibility to represent the University of Mississippi School of Law well. There is a responsibility to represent myself well. There is a responsibility to represent Bakersfield and Kern County well. Everything I am has come from my life in Kern County: my parents meeting at Wasco High School; my education from Endeavor Elementary to Bakersfield College and CSU, Bakersfield; and, of course, my future, at Klein DeNatale Goldner. I hope to represent our hometown well. Bakersfield to Oxford. . . Oxford to New York. . . Oh the places you will go! New York will be exciting. It will be a big change leaving my car at home in Bakersfield and relying solely on public transportation. I still need to find a place to live, but I have no idea what is considered a “good neighborhood” or a “bad neighborhood.” Every time I find a deal on housing, I’m just worried that there is a bad reason why it is that cheap. So, if anyone has any advice on New York housing, guidance would be appreciated! Just another month or so until finals, then I get to come home for six weeks! Until then, tell Bakersfield “Hi!” for me!
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THE RENAISSANCE CORNER
In this issue’s installment, Timothy Swanson reviews The Boys in the Boat by Daniel James Brown.
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HE BOYS IN THE BOAT is mostly about the nine American rowers, from the University of Washington, who won the gold medal at the 1936 Berlin Olympics. But it is also about one of the rowers in particular, Joe Rantz, who had a backstory that really did need to be made into a book. His rise from poverty and abandonment to become one of the most famous athletes of his time is a great story. The author interviewed Joe extensively before his death, as well as one of his daughters, who had absorbed the old stories and could recount her father’s words. While the story focuses on Joe, there are other memorable characters. The other “boys in the boat,” most of whom came from similarly impoverished backgrounds, are given a bit of time in the book. Other rowers from other schools and nations get mentions to the extent that they are interesting, and the history of competitive rowing itself is told briefly as needed. In addition, the rivalry of the great rowing coaches, Al Ulbrickson of Washington, and Ky Ebright of Cal, is a crucial part of the story, as is the genius of George Pocock, arguably the greatest maker of rowing shells of all time. Of necessity, the book also addresses the rise of Hitler, and the massive propaganda machine that was created to whitewash the Nazi experience for the benefit of the rest of the world. The book specifically looks at the role of actress and filmmaker Leni Riefenstahl, and her propaganda film of the Games, made in collaboration with Goebbels. In 1936, the elimination of Jews was already starting, but this fact was carefully hidden behind the glossy facade. Within a few years, of course, the world would be on fire again, and Hitler’s atrocities would be laid bare before the world. Before reading this book, I will admit I was pretty ignorant of rowing. I own a kayak, and can paddle RES IPSA LOQUITUR
well enough to get around, but that is about it. Rowing as a sport is a good bit different, particularly eight-man crew, which involves perfect timing and technique, a coxswain to steer and keep time, and a 62-foot-long boat. The speeds are pretty insane too, and watching a race is quite exciting. Fortunately, the author assumes the reader needs a bit of a primer, and subtly works information into the book as needed. This is completely unobtrusive, and well explained. The story of Joe Rantz would make a book in itself. Joe was the younger of two sons, with a significant age gap between him and his brother. When he was four, his mother died. After living with an aunt for a while, then with his older brother, he returned to live with his father and wicked stepmother. Actually, it is even weirder than that. Soon after Joe’s older brother married one of a pair of twins, Joe’s dad married the other. Awkward. Stepmom Thula hated Joe, and kicked him out of the house at age 10. Literally. He had to beg his food and fend for himself. From age 14 on, Joe lived in an old house his dad abandoned, and supported himself through school. In the meantime, his dad, stepmom, and their kids were living across Puget Sound and ignoring him. Joe eventually had the chance to pay his way through University of Washington. He tried out for Crew in order to earn some scholarship money, and went on to become one of the best rowers Ulbrickson had seen. By his side through much of this was his eventual wife Joyce, who herself came from poverty and a dysfunctional family. They would be a source of stability and love for each other for over 60 years. Of necessity, the book recounts a number of important races over the course of three years. Brown does an outstanding job of pacing the book and filling in other details so that it never gets
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monotonous. A race will be followed by a section on Nazi Germany, followed by a bit on one of the rowers, or the boat, or other interesting related topics. Rowing is one of those sports which has historically been an upper-class thing, which is weird because it started (in its modern form) with Thames boatmen. However, the Etonian sorts took it over, and by the 1930s, most rowers were Ivy League. But that was already starting to change in the 1930s. The West Coast rowers were either a mix of classes (in the case of Cal) or overwhelmingly blue collar (in the case of Washington), and they were starting a run of dominance over their East Coast rivals. This didn’t sit well with the Ivy Leaguers, and this tension came to a head right before the 1936 Olympics. Washington won the trials, which meant it had the right to represent the US in Berlin. However, due to the Depression, funds were short to assist with travel expenses. The runner up, the Pennsylvania Athletic Club, had plenty of cash. And a bigwig with Penn also sat on the US Olympic committee. After the race, the committee announced that the Washington crew would have to pay their own way. But, if they were too poor, then Penn could take their place. It is inspiring that the $5000.00 in necessary funds was raised by mostly small donors back in Washington, allowing the boys to go.
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Another inspiring scene occurred when the Americans sang “Hail, hail, the gang’s all here” out of time with the Nazi marching during the opening parade. It was just one example of subtle pushback by the American athletes (including the legendary Jessie Owens) during the games. Within a few years, an army of the same sort of young American men would be marching into Berlin under very different circumstances. The race itself was thrilling. The Americans faced several seemingly insurmountable obstacles. Their “stroke oar,” Don Hume, was suffering from a severe case of pneumonia, bad enough that he was confined to bed for the week before, and passed out at the end of the first trial run. He was nearly non-responsive at the start of the gold medal race, and failed to respond to coxswain Moch’s instructions during—although he rowed by instinct. Finally, something snapped, and Moch was able to drag him along by eye contact. The other issue was every bit as serious. The course had six lanes, and they were nowhere near equal in difficulty. The inner two were calm and sheltered. The outer two were subject to wind and currents. Ulbrickson calculated that the advantage was about two boat lengths—a huge amount of difference. Through an opaque process which still has not been adequately explained, the German and Italian boats
were assigned to the best lanes, while the Brits and Americans were given the worst. Particularly the Americans. So, in order to win the race—by a very fine margin— the Americans had to overcome a two-length disadvantage AND do it with a gravely ill oarsman. And yet they did. That’s the quintessential American mythology, though, right? Blue collar boys fend of the trust fund babies, overcome huge obstacles, and shove it in Hitler’s face? It was also kind of interesting what happened to the boys afterward. The 1930s were essentially the
Nominations Sought for Ivy Person Award
The Kern County Bar Association seeks nominations for the annual Ivy Person Award. The award is in honor of long-time Kern County Bar Association Executive Director Ivy Person. The Ivy Person Award is given each year to a non-attorney who demonstrates the highest standards of excellence in the legal profession. The Honoree is selected from across the legal community from persons such as paralegals, legal secretaries, court reporters, court clerks, trustees, and process servers, etc. Honored Ivy Person Award recipients are: Lisa Clark, 2019 Barbara Oldfield, 2018 Linda Crissman, 2016 Terry Halle, 2015 To submit your nomination, write a 500- or fewer-word letter describing the nominee’s excellence in the legal profession and why the nominee should be selected to receive the Ivy Person Award. The award is presented at the Installation Dinner on 1/16/20. Deliver the nomination by 12/30/19 to: Kern County Bar Association Attn: Ivy Person Award 1112 Truxtun Avenue Bakersfield, CA 93301
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dawn of a new age in America, with the New Deal, affordable education, an explosion of technology, and rapid social mobility for some. (At least if you were white.) The blue-collar boys in the book made good. Joe would study hard and get his degree in engineering, and then work for Boeing the rest of his career. Others would opt for medicine or law or business. With the exception of one who died early of lung cancer, they would live long and prosperous lives. And, in some cases, be instrumental in the cause of the war. Not in combat, though. Ironically, they were too big. Rowers even in the 1930s were over six feet—often by a good margin—and wouldn’t qualify for military service as a result. By the time the war broke out, most had degrees in areas that were needed on the home front—particularly the engineers. Rantz and others would design and build aircraft and vehicles, for example. One exception in height was Bobby Moch, the coxswain. He had to be short and small to get the job. A picture of the crew is amusing, because there are eight giants...and one tiny shrimp. (Moch was my size, so I get to tease a bit.) Moch would make good himself, leveraging a coaching job for MIT into admission to Harvard Law School. Moch did a good bit of appellate work, arguing and winning a case in front of the US Supreme Court. I tried to find the case, but was unable to in a reasonable amount of time. I could probably go borrow the Lexis account at the law library, I guess. I did, however, find his name as counsel on a few US Court of Appeals cases. Also, Moch found out from his parents just before leaving for Berlin that he was Jewish, and that his family had hidden that fact due to rampant antisemitism both in Germany and in the United States. Judging from the way the race went down (and Moch’s subsequent career), he had ice running through his veins. One final tidbit which I thought was interesting: the book takes a bit of a detour to mention two of the British rowing crew. The coxswain, Noel Duckworth, would win honors in the war, due to his time as a prisoner of war, during which he saved quite a few lives. He wasn’t a soldier—he was a chaplain who went along with the prisoners so they wouldn’t be shot. The other English rower mentioned was Ran Laurie, who was the father of actor Hugh Laurie.
The Boys In The Boat is a thoroughly enjoyable book. Brown clearly spent hours interviewing dozens of people, and going through the correspondence between Joe Rantz and Joyce, which contained a lot of good information. The writing is excellent, particularly in the way it takes an arcane topic and makes it not just understandable, but compelling. Brown also centers the story in history: the Great Depression, the rise of Hitler, the Dust Bowl, and the rapid westward shift of the center of American life.
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INTERVIEW WITH DOUGLAS A. GOSLING WHAT DREW YOU TO LAW AS A PROFESSION? GOSLING: It may sound cliche to some, but seriously, as a lawyer I have the opportunity to really help people navigate some of the most trying times they may face and be an advocate for them—this has led to valued relationships and long term friendships. HOW DID YOU COME TO SELECT YOUR LEGAL SPECIALTY? GOSLING: I grew up working on milk dairies in the Central Valley and saw first-hand how legal issues related to water and land have significantly developed our great Central Valley, the infrastructure, flood control, and communities—a bread basket for the world. After learning how visionary men from years ago developed facilities and the infrastructure to create a vast system community to utilize the resources around us, I was interested in land and water law. Being able to assist in matters that benefit our farming and ranching communities and thus all the ancillary venders like construction, retail, and other commercial endeavours bring immeasurable value to our county and region. (See 1880s map at right) IF YOU DIDN’T BECOME A LAWYER, WHAT WOULD YOU HAVE DONE PROFESSIONALLY? GOSLING: Prosthetics. Can you imagine equipping someone with a new leg or arm, etc. and partnering with them on that new chapter of their life...amazing. WHAT IS THE MOST REWARDING PART OF YOUR CAREER? GOSLING: Building true friendships with clients—I have been able to pray with a client in our conference room—talk about being a friend and helping people navigate challenges we all face. IF YOU WERE TO SPEAK AT A HIGH SCHOOL ABOUT ENTERING LAW AS A CAREER, WHAT WOULD YOU SAY? GOSLING: Steel yourself and charge it. The “rule of law” is a most needed concept in this post-modern relativistic materialists/throw-away society we find ourself in. The phrase “the rule of law” gets thrown around a lot. Many of us use the phrase quite differently than it has been used in philosophical circles. In the history of the world, political authority has generally been the rule of the strong over the weak and for some reason we are trending back to such ideals in some circles today with suppression of speech and other forms of censorships. Those who are politically powerful can exercise dominion over those who are less powerful. People have consistently abused the coercive force of government to their own advantage. Kings, potentates, legislatures, and groups have generally been unrestrained in their use of force against their fellow beings. This has generally been termed in philosophical circles as “the rule of man.” In response to this problem, men began to conceptualize the possibility that legislators, kings, and groups are restrained in some way by a higher set of rules. This higher set of rules was called the law, and when a legislator or a group is restrained by these rules, this was referred to as the “rule of law.” There has been natural law, constitutions, might equals right and others. But, insisting that we must follow every enactment of the legislature even when those enactments violate higher law (moral, constitutional, or God’s law) is advocating for the rule of man, not the rule of law. We as a society are in need of the advocates for the rule of law and the next generation must take RES IPSA LOQUITUR
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up the banner to provide for the liberties and freedoms recognized by our Declaration of Independence and the very words of the Constitution that current lawyers took an oath to defend. WHAT IS YOUR FAVORITE KCBA EVENT OR ACTIVITY AND WHY? GOSLING: Bench and Bar Award Dinner. The KCBA has had the honor of having distinguished bench officers and lawyers oversee and practice law in Kern County that has raised the standards for all practitioners. Honoring those individuals sheds light on the work that we all are called to pursue and we get to share good memories from the past and take a moment to reflect all while enjoying a nice sociable/friendly time with our fellow legal professionals. WHY ARE YOU A MEMBER OF THE KERN COUNTY BAR ASSOCIATION? GOSLING: At first, I joined to enjoy the social aspects. But, I soon learned that the KCBA does a lot of good work like Constitution Day, Get on the Bus, Open Doors to Federal Courts, the backpack drives, and more. It’s not all parties or social events, though those have an important part in building the cohesiveness of the legal community. I found out there are so many good people giving their time and energy to support the community. Finally, through the KCBA, I have had the opportunity to learn so much through the opportunities to meet and be mentored by other leaders in the legal community. I’ve engaged with other attorneys formally and informally, and have been able to call on them and ask questions about how they do things or see a legal issue. It’s made me a better practitioner of the law. FINISH THE SENTENCE “IN MY FREE TIME, YOU’LL FIND ME...” GOSLING: ...in the Sierra Nevada forests in the big trees with my family on some hike or adventure.
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WE THE PEOPLE SCHOLAR NIGHT by Joey Biron, Teacher/Coach Centennial High School
panels that correspond with the 6 units of the textbook.
On October 24, 2019, high school students from around Kern County met at West High School for Scholar Night. Scholar Night is part of the We the People (WTP) program and is an evening full of presentations on the United States Constitution and the Bill of Rights.
Each panel prepares opening statements and then they respond to follow-up questions from the judges who act as members of congress. The questions are open-ended and the panels are scored on several criteria including their understanding, supporting evidence, and reasoning.
Local WTP Kern County high school students will be competing for a chance to participate in the state-wide finals which will be held in Sacramento. The state-wide winner then has the opportunity to compete in the national finals which are held in Washington D.C. The WTP competition is spearheaded by The Center for Civic Education, which is a nonprofit, nonpartisan educational organization that partners with all fifty states to promote education and understanding of the U.S. Constitution. In 1987, then Chief Justice Warren E. Burger chaired the Commission on the Bicentennial of the U.S. Constitution, which developed the We the People: The Citizen and the Constitution program. The program produces text books and curriculum which emphasizes the history and principles of the United States Constitution and the Bill of Rights. The culminating activity for the We the People curriculum is a mock congressional hearing which serves as an authentic performance assessment. Each class is divided into 6 expert RES IPSA LOQUITUR
Kern County Superior Court Judge David Wolf was one of the Scholar Night presenters. While Judge Wolf has been a volunteer presenter and We the People (WTP) judge for years, he originally tried to talk his oldest daughter out of participating in the program. Luckily, she did not listen and instead her team went on to compete in the state competition and then went on to Nationals in D.C. When asked about trying to talk his daughter out of participating the WTP program, Judge Wolf stated: “I think other parents would understand. My daughter was already competing in debate and she had participated in oral language. Back then, I thought WTP was just another oral language type program. Luckily,
(again some parents will be will able to relate) my daughter did not listen to me.” The High School teams are broken up into six units. Judge Wolf presented on Unit Five. Unit Five focuses on: “What Rights Does the Bill of Rights Protect?” Judge Wolf’s presentation covered from 1774 (pre-War of Independence) to more current times. Topics covered included Free Speech, Search and Seizure, Miranda, Due Process, Right to Council, etc. The program ended with Judge Wolf discussing the future. Not of the law or of the Constitution, but encouraging the students to attend college and even law school. Ryan Coleman, the Assistant Principal of Instruction at West High School, and former teacher coach for WTP, was another
JUDGES NEEDED Your help is needed with upcoming We the People and Mock Trial events. Contact Christine GoedhardHumphrey at chhumphrey@kern.org if you have time to help. We the People December 7, 2019 Golden Valley High School February 8, 2019 California State Capitol Mock Trial December 11, 2019 Round 1, Justice Building, 1215 Truxtun January 8, 2020 Round 2, Justice Building, 1215 Truxtun
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Kern County Scholar Night, We the People students, Judge Wolf and Vice Principal Ryan Coleman from West High School, October 24, 2019
presenter. He thanked Kern County attorneys and the Kern County Bar Association for all their support of the WTP program and the High School Mock Trial program. Mr. Coleman stated: “These are amazing programs that challenge our students to think and to make a positive impact on society. Year after year, the Kern County Bar Association continues to support our students in their academic endeavors and we are so grateful for their ongoing support. West High is excited to host the We the People Scholar Night, and to work with the Kern County Bar association and the dedicated educators who make the Constitution come alive for students every year.”
Christine Goedhard-Humphrey, the Instructional Services Program Support Coordinator for the Kern County Superintendent of Schools noted that without the continued support of our Kern County legal community the Mock Trial, We the People, and Open Doors to Federal Court programs would not exists. Ms. Goedhard-Humphrey expressed that, “We are truly blessed to have the support of our sitting judges, attorneys, federal agencies and Sheriff’s department as volunteers for these programs. Without them, the learning experience for our students would lack the application that is provided in the competition environment. This partnership and their volunteerism is the reason
Kern County has such strong programs.” The next WTP competition is December 7, 2019, Golden Valley High School and we could use some more judges. Ms. Goedhard-Humphrey agrees and noted that both programs are in desperate need of more volunteer judges and volunteer attorney coaches. If you are interested in helping, please contact Ms. Goedhard-Humphrey at chhumphrey@kern.org.
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I CAME TO YOU LOOKING FOR A DEFENSE by H. Dennis Beaver, Attorney At Law
I CAME TO YOU LOOKING FOR A DEFENSE FOR MY 3RD DUI BUT YOU HAD NO MERCY! A recent column generated a large and highly positive response from readers, who saw in themselves, friends and family members, the same young man we wrote about. According to his mother, “Our adult son either has become or is on the way to becoming an alcoholic, constantly out with his drinking friends, making us terrified that we will get a call from the police that he was killed in an accident or arrested.” The message in that article from Educational Psychologist—“Dr. Ken,” 34 years sober—was simple:
“When a young alcoholic actually spends time in jail for DUI or public intoxication, this is often be the best medicine. They have an easier time in quitting, usually getting the point that jail is a very bad place to be once. “Often parents or grandparents urge the attorney—who they have hired—to obtain a real jail sentence—just a couple of weekends—but many lawyers refuse, saying they cannot ethically do that. But lawyers who understand what works at a young age, will absolutely convey that request to the judge “When continued destructive behavior is enabled—getting them work release instead of jail time for that first offense—lawyers are not helping, in my opinion,” Dr. Ken believes.
“Do you really want to stop the cycle of madness and insanity that is alcoholism, then this young man must give up a lot of his old life. He has got to be able to say—and act on—I want to find something new. This can be through church, school, you name it, and simply be around people who do not drink,” he maintains.
Keep Telling ‘em The Truth, What They Need to Hear
“If all your friends have in common is drinking, then try showing up and have no money. Just see how long that social contact lasts,” Dr. Ken pointed out.
It had a July, 2013 postmark, yet took 27 years for him to write it.
Lawyers Can Help Young Alcoholics But Are Often Enablers RES IPSA LOQUITUR
Proof of the need for more honesty from the legal profession, caring less about a fee than in helping your client face consequences and change behavior—came to our office in a letter from Tom.
Dear Mr. Beaver: I’m not sure if you are the same attorney I went to years ago, if not, I apologize; but if you handled DUI cases, then I think you are
the right person. It was 1986, I was 22 years old, facing my 3rd DUI and came to you looking for a defense, a technicality, an out. You had no mercy, telling me I was an alcoholic, that I should have been scared to death after number two and I better pull my head out and realize it! I was shocked, offended and dismayed all at once; you were supposed to help me get off! But you were right. I wish I could say that I learned my lesson there, in your office, but it took me many more years and quite a few stints in jail to make me realize you were right! I’m only glad to say that I never hurt anyone, but myself.
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I always remembered your speech and have thought about writing this letter for years. I don’t think you do DUI’s anymore, but if you do, keep telling them the truth, keep telling them what they need to hear. You may just save a life or two.
KCBA SECTION LEADERSHIP
Thanks for putting a bug in my ear that never went away. God Bless. Tom T. Los Angeles, California.
CRIMINAL DEFENSE SECTION Elliott Magnus, President Mai Shawwa, Vice President Timothy Hennessy, Treasurer Emily de Leon, Secretary
And What Became of Tom? You might wonder “What became of Tom, and the DUI charge he faced then?” We certainly did, Googled him, called and told him how great it felt to receive his letter. “All these years I never thanked you for being honest with me. Had I admitted my fault and paid the price, my father would have saved thousands of dollars on a lawyer who took our money and I still went to jail—which is where I belonged! If I listened to you my life would have been so different! “I just had to write you! I started to write that letter so many times, but felt embarrassed.” So, what are you doing now? “I woke up in my 40’s and became an R.N. a little over three years ago. Working in a hospital, I get to help people, instead of putting them at risk, driving drunk.” Tom had no way of knowing the good that his letter has accomplished, shown to young clients on a collision course with disaster. Some things do get better with age. Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@Gmail.com.
ESTATE PLANNING AND PROBATE Anton H. Labrentz, President Joshua G. Wilson, Vice President Anton H. Labrentz, Treasurer Stevie Jo McDonald, Secretary WOMEN LAWYERS SECTION Stephanie Gutcher, President Tara Deal, Vice President Mayra Estrada, Treasurer Julia Vlahos, Secretary Leanne Wilder, Stephanie Bouey, Alisyn Palla, Vanessa Sanchez, Emily Stearwalt MULTI-CULTURAL BAR ALLIANCE Pinky Ghuman, Co-Chairs Claudia Lopez, Secretary Esther Schlareth, Treasurer Marcos Rodriguez, Advisor YOUNG LAWYERS SECTION Hunter Starr, Chair Sam Van Eerden, Vice Chair Alekxia Torres-Stallings, Immediate Past Chair IN-HOUSE COUNSEL Nicholas Ashley, President Melissa Frank, Vice President Michael Abril, Treasurer Alyssa Reed, Secretary FAMILY LAW SECTION Jeremy Swanson, President Jeffrey Travis, Vice President Edward Thomas, Treasurer Anthony Azemika, Secretary Board Members Nicholas P. Azemika, Stephanie Childers, Keith Cramer, Diana Christian
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RED MASS [photos by Nick Ellis]
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BENCH AND BAR SOCIAL [photos by Nick Ellis]
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