The Marin Lawyer: September 2023

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T H E

M A R I N

L A W Y E R community community

09|23

September 2023

Editor: Mary Sackett

Guest Editors: Neusha Ghaedi & Mee Mee Wong

Creative Director: Aariel Nigam

2023 Officers

President: Ahtossa P. Fullerton

President-Elect: Scott Buell

Secretary: Thomas (Tom) McInerney

Treasurer: Kristine Fowler Cirby

Past President: Robert S. Rosborough

5 Year Past President: Mary McLain

Board of Directors

2023 Directors

Chelsea E Heaney

Valerie G Kushel

Thomas M McCallister

Mary M Sackett

2024 Directors

Neusha N Ghaedi

Jeffrey G. Knowles

Mary A. Stearns

Alexander S. Vadhat

David L. Winnett

2025 Directors

Robyn B. Christo

Morgan H. Daly

Shanti Eagle

Lucie C. Hollingsworth

Elisha J. Yang

Executive Director

Mee Mee Wong

Membership & Events Administrator

Denise Belli

An Official Publication of the Marin County Bar Association THE MARIN LAWYER
MARIN LAWYER
THE
Reserved PAGE 2
© 2023 All Rights
The Marin Lawyer is published by The Marin County Bar Association 101 Lucas Valley Road, Suite 326 San Rafael, CA 94903 415-499-1314
marinbar.org
info@marinbar.org

4 | Editor's Introduction

MARY SACKETT

5 | 2023 President’s Message

AHTOSSA FULLERTON

7 | It Took a Village: Marin's New Resource on Civil Appeals for the Self-Represented

ELLIOT BIEN

10 | In Memoriam: Hon. Beverly Bloch Savitt

HON. VERNA ADAMS

12 | In Memoriam: Hon. William Stephens

LYNNE O'MALLEY TAYLOR

13 | In Memoriam: Hon. Vernon F. Smith

GARY T. RAGGHIANTI

16 | Gossip Column: The Gossip According to Matthew

MATT WHITE

19 | Submit a Candidate for the MCBA Awards

MEE MEE WONG

20 | Nonprofit Profile: Spotlight on New Beginnings Law Center

SOPHIE TERRELL

CONTENTS

24 | Bridging the Gap: Understanding Community and Law Enforcement

GUSTAVO GONCALVES

27 | Opportunities to Step Up for Our Community

CAITLIN KAWAMURA

30 | RECAP: MCBA and CalCPA MidSummer Mixer

MARIN COUNTY BAR ASSOCIATION

31 | Judge's Profile: Questions and Answers with Judge Chernus

VINCENT DEMARTINI

34 | Brockbank Political Report: A Look at Next Year's March and November Local Elections and the 2026 Statewide Elections

GREG BROCKBANK

40 | Top 5 Things to Know Using the New Marin Court Portal

NEUSHA GHAEDI

42 | Applications Open for 2024 - 2026 MCBA Board Director

MEE MEE WONG

09|23
PAGE 3 An Official Publication of the Marin County Bar Association THE MARIN LAWYER

Mary Sackett with Guest Editors Neusha Ghaedi & Mee Mee Wong

This issue of the Marin Lawyer provides us the opportunity to reflect on community. Contributors write on a range of topics centering around community. MCBA President Athossa Fullerton updates us on the ongoing effort to pass the Equal Rights Amendment (ERA), and the fact that our societal understandings of sex and gender identities have evolved significantly since the ERA was first proposed in 1921. Gustavo Goncalves outlines the County’s progress on implementing AB 1185, civilian oversight of the Sheriff’s Office. Elliot Bien details the process of cultivating Lawyers in the Library, as an appellate attorney. Sophie Terrell spotlights the non-profit, New Beginnings Law Center. And Neusha Ghaedi shares helpful tips for utilizing the new Marin Court portal Greg Brockbank returns with his political commentary about upcoming elections, and Matt White revives his Gossip Column. Lastly, Vincent DeMartini interviews Judge Chernus on his remarkable career and impact on Marin. Judge Chernus says, “Marin County is just such a wonderful place to practice law and be a community member.” I could not agree more.

Rafael area and serving residents countywide. The County of Marin strives to provide excellent services that support healthy, safe, sustainable, and equitable communities. The County is fortunate to have strong relationships with many robust community-based organizations that also provide essential services to our community. Building a more inclusive, connected community takes all of us.

Please take a look at Caitlin Kawamura’s Opportunities to Step Up For Our Community. The next year is going to strain our current bench with retirements and vacancies. No one has to do this work alone, but if we all Step Up, Marin will continue to be a wonderful place to practice law and be a community member.

As the Marin County Supervisor for District 1, I have the honor of representing the greater San

EDITOR'S INTRODUCTION
PAGE 4 An Official Publication of the Marin County Bar Association THE MARIN LAWYER
Mary Sackett has dedicated the past 20 years to service in Marin County She practiced law for 13 years in Marin before

As we move into Fall and our children go back to school, I write on a subject I have been thinking about for too many years – the Equal Rights Amendment (ERA). Earlier this year, the Senate failed to pass a resolution necessary to remove the deadline for states to ratify the ERA. The ERA is a Constitutional amendment, which prohibits discrimination on the basis of sex. The fact that the ERA has yet to pass indicates an unfortunate controversy as to whether the constitution should guarantee equal rights for all American citizens on the basis of sex.

The ERA was first proposed in 1921 when the National Woman’s Party sought to guarantee women equal rights with men. Over the years conflict arose between women’s advocacy groups, with some arguing that the benefits gained from the ERA were overshadowed by the loss of “special protections” for women like avoiding the draft and alimony.

In 1972, both the House and Senate passed Resolutions sending the ERA to the state legislatures for approval, with President Nixon lending his immediate support. The deadline for state ratification was seven years. Hawaii was the first, with a majority of states ratifying within the first year By 1977, 35 of the 38 states needed to ratify had supported the ERA, with five states rescinding their vote as a result of a movement led by Phyllis Schlafly, who advocated for women to hold “traditional” roles. Whether a state can rescind its ratification of an amendment, as well as a number of other issues pertaining to the passage of the ERA, have yet to be decided.

The House passed a Resolution removing the deadline for ratification in 2021. The Senate, as indicated by this recent 51-47 vote, has yet to commit to clearing the way for ratification. Unsurprisingly, the vote was cast upon party lines. While discrimination on the basis of sex is

not prohibited under the US Constitution, 25 states have enacted their own laws protecting them from sex discrimination.

However, as our culture evolves, I have found myself asking, does the ERA go far enough in its protections? Is it old-fashioned, as my kids might call it, in that it seeks to protect women alone? If the ERA passes in its current form, would the language be interpreted to protect only women? What about those who identify as women? Does the language - equal rights on the basis of sex - protect all American citizens no matter their sexual or gender identity? Should the ERA language be modified to provide these protections?

It has taken so long for the passage of the ERA, perhaps we should recognize that the world has evolved in ways we could not imagine in 1972. An expansion of the ERA should increase inclusivity, given the attacks on women’s health care, as well as those in the trans community. While today the ERA in any form remains an elusive hope for millions of Americans, I will remain optimistic and encouraged by the the promise of equality and fairness for all.

Warmly,

2023 PRESIDENT'S MESSAGE PAGE 5 An Official Publication of the Marin County Bar Association THE MARIN LAWYER

MCBA LEADERSHIP CIRCLE MCBA LEADERSHIP CIRCLE

Kristine Fowler Cirby Kristine Fowler Cirby Cirby Family Law Offices Cirby Family Law Offices Scott Buell Scott Buell Buell Law & Mediation Buell Law & Mediation
Carole J. Gray Carole J. Gray Paula Freschi Kamena Paula Freschi Kamena Valerie Gerard Kushel Valerie Gerard Kushel VGK Law VGK Law
Peter Kleinbrodt Peter Kleinbrodt Freitas Law Firm Freitas Law Firm Charles M. Louderback Charles M. Louderback Louderback Group Louderback Group Susan Feder Mediation Susan Feder Mediation
PAGE 6
Paul H. Nathan Paul H. Nathan Law Offices of Paul H. Nathan Law Offices of Paul H. Nathan

a Village: Marin's New Resource on Civil Appeals for the Self-Represented

Civil appeals present challenges even for experienced trial lawyers, who often turn to specialists for guidance or co-counseling. Arcane subjects abound, including but hardly limited to appealability, stays of judgments, the effects of amended judgments, defining and preparing the appellate record, and the standards of appellate review. Unlike trial lawyers, however, the only real hope for self-represented litigants is a trial or appellate court clerk, a self-help center or website, or a law librarian And those resources are limited by institutional constraints or simply a lack of experience with the issues presented.

Your reporter knew very little about this problem until a year ago. I was on the phone with Ms. Joy Robinson, who at the time was the appeals clerk at the Marin County Superior Court. We were discussing a minor technical issue, but when I mentioned my civil appeals specialty, she explained that many unrepresented litigants cannot find needed help with their own civil

several weeks later. She had advised that the best place to start was the Self-Help Center at the Marin County Superior Court, and she kindly facilitated an introduction to their staff through the court’s administration group. Soon enough I met by Zoom with Ms. Abby Lucha at the Center, who first confirmed Joy Robinson’s point that the staff there had too little familiarity with civil appeals to offer useful guidance on that subject But Ms. Lucha then made the suggestion that eventually succeeded: adding a civil appeals resource to the Lawyers in the Library program.

That program, established in 2016, offered consultations with local attorneys on a variety of subjects, with the bar association recruiting and

It Took
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assigning the volunteer attorneys, and the library coordinating the consultations and providing the space and later the Zoom facilities. Civil appeals, however, had never been a subject offered for consultations. One likely reason is that many fewer attorneys in Marin than San Francisco, for example, are certified specialists in the field or even devote significant time to it. So there was no guarantee it could be effectively added to the Lawyers in the Library program along with its mainstays: employment, family law, landlordtenant, personal injury, estate planning/probate, and general civil law.

So when she learned of our progress in adding a civil appeals resource to the Lawyers in the Library program, she mentioned it to Ms. Beth Robbins, the Assistant Clerk at the First District. And Ms. Robbins not only promptly mentioned it to the court’s Administrative Presiding Justice Jim Humes, who promptly thanked me for the effort by email. Ms. Robbins also set up a meeting with herself and two other officials at the court. It turned out they strongly supported our new program for the same reasons Joy Robinson had cited to me at the outset: not only the need itself, but also the pressures it placed on the clerks being asked for help.

The planning meetings that followed thus focused on the need to recruit a sufficient number of attorneys with sufficient appellate experience to make the new program work. But both organizations readily gave their approval with that condition, and once again our legal community came forward to provide support for the self-represented. Another partner, the Bar Association of San Francisco, put out a recruitment email to the many members of its Appellate Section from around the Bay Area. And the California Academy of Appellate Lawyers authorized me to send a similar email to our members. I also did some selective recruiting on my own.

The recruitment campaign was helped by a persuasive endorsement of the new program. Joy Robinson, the Marin appeals clerk who first raised this subject, subsequently moved to the First District Court of Appeal as a Legal Assistant.

As a result of all the foregoing support, the recruitment campaign produced eight experienced appellate lawyers willing to join me as volunteers for the new program. Deeming that number sufficient, the library and bar association boards authorized the commencement of the program on February 23, 2023. The first consultation on civil appeals took place that very day.

In sum, it took a devoted legal community in Marin and elsewhere to respond to a demonstrable need for self-represented litigants. And there’s reason to believe the new program here will stimulate the development of similar programs elsewhere. For example, when a board member at the San Francisco Law Library heard about our new program she promptly invited me to attend her next board meeting to discuss the idea with her colleagues. I’m happy to report that they were strongly supportive.

Elliot L Bien is an experienced civil appeals specialist, certified as such by the State Bar since the specialty was first recognized in 1997. He is a past president of the California Academy of Appellate Lawyers and a member of the American Academy of Appellate Lawyers

PAGE 8 An Official Publication of the Marin County Bar Association THE MARIN LAWYER

Beverly Bloch Savitt (1926-2023)

Hon. Verna Adams

The Honorable Beverly Bloch Savitt (May 12,1926-June 24, 2023) was a pioneer in the law and in women’s rights. She was also my law partner, my mentor, and my dear friend.

Judge Savitt was born and raised in Pittsburgh, Pennsylvania. She graduated from Carnegie Mellon University in 1946 at the age of 20 and married Jacob (Jack) Savitt the same year. Beverly and Jack settled in the Washington, D.C. area, where Beverly taught elementary school. They later moved to the Chicago area, where Beverly pursued her life-long interest in Democratic Party politics.

She enrolled in law school and completed her first year at De Paul University in Chicago After their move to Marin County, Beverly was admitted to Boalt Hall School of Law (now Berkeley Law) and obtained her JD degree in 1967. She and Ann Diamond formed the first allfemale law firm in the country. She was the eighth woman to join the Marin County Bar Association and the second to serve as its President (in 1982). One of her first acts as President was to end the practice of having monthly membership lunches at the Elks Club, which did not admit women as members at the time.

I first met Bev in 1971. There was an article in the “Women’s Section” of the Chronicle about an all-female law firm in San Rafael. I sent her my resume and she called me for an interview; at the interview, she offered me a job and I accepted. In 1983, Judge Savitt became the first woman to serve on the Marin County Superior Court bench. When she shattered that glass ceiling, she became a role model for me and for countless

women and girls.

She generously contributed her time and energy to the education of lawyers and judges, particularly in the area of family law She has been the founding member of many important organizations whose central purpose is to empower women and ensure that their voices are heard, including California Women Lawyers, Marin County Women Lawyers, the Marin Chapter of the National Women’s Political Caucus, and the Center for the Family in Transition.

In the 1970s, she was active with the Marin County Chapter of the League of Women Voters,

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An Official Publication of the Marin County Bar Association THE MARIN LAWYER
HON. BEVERLY BLOCH SAVITT
IN MEMORIAM

Iwhere she analyzed and made recommendations for improving the juvenile court system in Marin. She also served as Vice Chair of the Juvenile Justice Commission.

While serving on the Marin Council for Civic Affairs, Judge Savitt recommended reforming the grand jury selection system and developed a questionnaire for the court which is still in use. She has been instrumental in planning and implementing many changes to improve the quality of justice in Marin County, including initiating a new way to handle family law matters and promoting alternative dispute resolution. In 1983 she was honored with the Women Making History award and in 1995 she was inducted into the Marin Women’s Hall of Fame. She retired from the bench in 1995 and served as a private judge for some years thereafter.

Judge Savitt is survived by two children, Charles (Sarah) and Susannah (Thomas), as well as two grandchildren.

A celebration of her life will be held on Friday, November 3, 2023, at a time and location to be announced.

UPCOMING EVENTS

CLEAN MARIN COASTAL CLEAN UP SERVICE DAY

Saturday, Sep 23rd

9:00 AM-12:00 PM

Join your colleagues and friends in making an impact in our environment at the Hal Brown Creekside in Greenbrae.

MCWL ANNUAL BUSINESS & PROFESSIONAL WOMEN'S DINNER

Wednesday, Sep 27th

6:00 PM-9:00 PM

Keynote UC Law Professor Radhika Rao

MTLA ANNUAL JUDGE'S DINNER

Friday, Oct 6th

6:00 PM-9:00 PM

Peacock Gap Golf Course

MEDIATOR CERTIFICATE TRAINING

Saturday, Oct 07th

8:30 AM-5:30 PM

40.0 GENERAL CLE

Mediator Certificate Training-5 Days

GENERAL MEMBESHIP MEETING (IN PERSON)

Thursday, Oct 12th

12:00 PM-1:00 PM

1.0 GENERAL CLE

A Discussion of What to Expect in the 2023-2024 SCOTUS Term

PAGE 11 An Official Publication of the Marin County Bar Association THE MARIN LAWYER
HON. BEVERLY BLOCH SAVITT (bottom left)

William Stephens (1935-2023)

Lynne O'Malley Taylor

Bill Stephens was the first judge to welcome me to the Marin Municipal Court in 1983. We had something in common. We had both run in contested elections against the same opponent. We were the first to integrate the court and experienced some of the same issues of acceptance.

Bill was my friend on the court. He coached me on running a courtroom, what to do if in doubt about the law or procedure, how to prepare, and how to work with attorneys who, at times, could be less than cooperative and civil. He was such a good friend that he would let me know when I needed to address an issue or find some other way to solve a problem. (When I messed up.)

Our mutual friend, Retired Judge David Baty, once said that: “The most important quality of a judge is judicial temperament If he or she happens to know a little law, that is a plus.”

attorneys. Bill made sure everyone felt welcome and comfortable in his courtroom. He was the best listener! He acknowledged what an attorney or client said to make sure they felt heard. He was soft-spoken, respectful, and kind to everyone! He was also brilliant and knew a lot of law!

Until Bill’s retirement party, I never heard about the discrimination Bill and his family experienced growing up in Louisiana. He never talked about his formative years It was so heartbreaking to think about how Bill and his family were treated. It is so wonderful to think that Bill overcame all that prejudice and became a successful lawyer and respected jurist.

Bill adored his family and was so proud of his children and the joy they brought to his life. He shared his joy in your accomplishments with us at our monthly Retired Judges’ lunches and we loved hearing about your escapades.

I was blessed and feel so grateful to have had Bill as a friend and colleague. He was a gem! Thank you to his family and children for sharing him with me. Thank you for allowing all of us to enjoy his service to the community for so many years of his life.

p g p pp

He understood that coming to court can often be anxiety provoking and scary for clients and

I am so sorry that I cannot be present for the celebration of Bill’s life. You are all in my thoughts and prayers.

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An Official Publication of the Marin County Bar Association THE MARIN LAWYER
IN MEMORIAM
HON. WILLIAM STEPHENS

Vernon F. Smith (1943-2023)

Judge Vernon F Smith died on July 28 at home in Novato with his family at his bedside.

I was privileged to have been a friend and colleague of his for over 50 years, which we both agreed passed too swiftly. Our long friendship started when we met in college. We attended law school together and worked in the Marin DA’s office as our first jobs practicing law, together, I introduced him to the woman (Linda) who would become his wife of 52 years, was the best man at his wedding, and appeared before him when he sat as both a Municipal and Superior Court Judge.

Vern was born in San Francisco. His father and uncle were both lawyers He moved to San Anselmo in 1955 when he was in the 8th grade. He attended what was then called Drake High School.

Vern attended college at USF where he graduated in 1965 He then attended USF law school where we were classmates. He graduated from law school in 1968 and shortly thereafter joined the Marin County DA’s office in the old courthouse on 4th Street which burned in the 70s and is now the site of the 1000 4th St office building

When Vern arrived at the DA’s office I was already working there. During the several years we worked together, I witnessed his reputation evolve and grow quickly as an accomplished trial lawyer He was competent, prepared, and eventempered, qualities that stayed with him throughout his entire career.

Vern would stay 5 years in the D’A’s office before departing to commence private practice in Novato where he lived He joined the firm of Trumble & Rush and would stay with them all his time in private practice, trying both criminal and civil cases. Vern’s reputation continued to display itself and preceded him wherever he went. Caring, competent, always prepared, and able to argue a point with an opponent aggressively without ever making it personal.

Vern applied for a position as a Court Commissioner in 1982 and got the job. He loved serving as a commissioner and acquitted himself with his usual excellence

He would remain as a Court Commissioner until 1987 when he was elected to the then Municipal

IN MEMORIAM PAGE 13
An Official Publication of the Marin County Bar Association THE MARIN LAWYER
HON VERNON F. SMITH

Court. He became a Superior Court judge when the Muni and Superior courts were combined and played a major role in the Court consolidation process. Vern was elected to both the Muni and Superior courts. In 1996 he rebuffed a challenger easily.

Vern’s reputation while on the bench was wellearned. He was particularly well-tempered and ran a firm, fair and courteous courtroom. Even on the bench, with its daily pressures, he was uniformly labeled a nice person. Quite a compliment indeed.

Vern retired on 1/4/2007. When he left the bench, he stated he was looking forward to spending more time with his wife Linda and his family.

After retirement, he was recruited by local ADR

provider Resolution Remedies. He served as a mediator for them until he stepped down in 2023. As a mediator, he used all his gifts and legal experience to become a sought-after and very skilled mediator.

While Vern’s health issues were known to his close friends over the last several months that foreboding knowledge did nothing to lessen the delivery of a blow when he left us last month. I will treasure the memory of our friendship all my remaining time. Vern was a man of great class and unquestioned integrity with an unerring moral compass. As an accomplished lawyer and a judge who graced our bench for over twenty years, whenever I think of him, I shall always smile and say… “You made us all proud Vern”.

Thank you, dear friend.

May you rest in peace.

PAGE 14 An Official Publication of the Marin County Bar Association THE MARIN LAWYER
HON VERNON F SMITH in his chambers at the Marin County Civic Center on Nov 1, 2006, two months before his retirement. (Alan Dep/Marin Independent Journal)

Thank You

2023 MBCA Program Sponsors

Gold Sponsors

The Trusted Real Estate Advisors for Probate and Income Property Sales

Silver Sponsors

Bronze Sponsor

Interested in sponsorship? Contact Mee Mee Wong

PAGE 15 An Official Publication of the Marin County Bar Association THE MARIN LAWYER

The Gossip According to Matthew

Marin County judicial news. With the impending retirement of Judge Roy Chernus, there will soon be a vacancy on the 12-member Marin County bench. Judge Beverly Wood has let slip her plans to retire soon after 10 years on the bench. Incoming Presiding Judge Mark Talamantes is no doubt hard at work amending the judicial assignment card for next year.

On a more somber note, our community mourns the recent loss of three retired Marin County judges. Beverly Bloch Savitt, who became the first female Superior Court judge in Marin in 1983, died in late June. She was 97 years old. William Stephens, the first African-American judge in Marin, died at 88 in May. Vernon Smith retired in 2007 after 25 years as a court commissioner, municipal court judge, and superior court judge. He died in late July. Our condolences to friends and families.

Speaking of judgeships. Tom Weathers has been appointed the first tribal judge for the Elen Indian Colony’s new court system in Lake County. Tom practices Indian law for sovereign nations across the country, as an attorney for tribal authorities, prosecutor, and judge.

lawyers from Marin, Napa, and Sonoma County, meets monthly to promote civility, excellence in advocacy, mentorship, and the consumption of good food and fine wine. Former MCBA president Jessica Karner has signed on as the Inn’s Marin County membership chair.

We’re rich! Hats off to Andres Perez, of the Marin County District Attorney’s office. Andy and a team of California prosecutors sued a dietary supplement company over false claims about health benefits. The company agreed to pay over $1 million, including $85,000 to Marin County. Way to go, Andy!

What are they serving at

board meetings?

MCBA board director Neusha Ghaedi is engaged to be married. The groom-to-be is known but not yet the date or venue. Neusha is a partner at DeMartini Walker & Ghaedi LLP in San Rafael. And MCBA board member Chelsea Heaney, of Vance & Willis PC, got herself married in June. Flowers all around!

Leaders among us. Former MCBA board member Marie Barnes has ascended to the presidency of the Richard M. Sangster American Inn of Court for the 2023-24 term. The Inn, which comprises

We made it to the 21st century…I think. The Marin Courts finally rolled out its new case management software system, which should make life easier for those who seek information online. Credit to Marin County courts CEO James Kim, who overcame financial constraints and institutional neophobia to make this happen after

GOSSIP COLUMN
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so many years. This writer, alas, cannot figure out how to view filed documents online. One hopes that this option will be available soon-- or, if already exists, that someone will politely show me how.

Politicians among us. Congrats to MCBA member Caroline Joachim, who was recently elected by an overwhelming margin to the Mill Valley City Council. Caroline joins a long list of past and present MCBA lawyers serving on municipal and county councils, including former San Rafael councilperson and current assemblyperson Damon Connolly, county supervisor (and MCBA board member) Mary Sackett, Sausalito

councilmember Jill James Hoffman, Larkspur

councilmember Scot Candell, and Tiburon

councilmember Holli Thier. Saving the best for last, of course, past MCBA president Elizabeth Brekhus yields the mayor’s gavel on the Ross Town Council. Have I missed anyone?

NOTE TO READERS: This is all the gossip I could think up on my own. If you don’t feed me items, this column dies. Have you or another MCBA member achieved an impressive court victory, or participated in a grueling sporting match, or gotten married or had children? Have you been appointed by anybody to any post? Moved from one firm to another? Started an outside business? Acted or sang in a stage production? Got a musical gig coming up? Please send the info to mwhite@montywhitelaw.com

Matt White, a principal of Monty White LLP, is a personal injury attorney and mediator.

Matt White, a principal of Monty White LLP, is a personal injury attorney and mediator. Matt has held every leadership position of the Marin County Bar Association, including election as President He was the president of the Marin Trial Lawyers Association and of the Inns of Court for Marin, Sonoma, and Napa counties

PAGE 17 An Official Publication of the Marin County Bar Association THE MARIN LAWYER
TRUST ME TO RESOLVE YOUR CASE

Submit a Candidate for MCBA Awards

MCBA invites our members to submit nominations for the following three achievement awards. Each of these special honors is awarded only upon submission of a nominee our awards committee deems deserving of the honor rather than with any particular frequency. In some years, no awards were given. For any potential award to be given this year, please submit a one-page letter via email describing the merits of the candidate per the criteria for the award you are nominating them for.

The Ann Diamond Young Lawyer Award recognizes a lawyer who has been a member of the bar for less than ten years for legal accomplishments and contributions to the community of Marin.

The Lawyer of the Year Award recognizes a lawyer who has dedicated a remarkable amount of time, effort, and support to the legal system to the legal community, and to their clients. This lawyer has also demonstrated competence, civility, and honor in professional interactions.

The Lifetime Achievement Award recognizes a person who has:

A distinguished career as a lawyer or jurist of at least 25 years;

A demonstrated commitment to community involvement, volunteerism, and/or other noteworthy achievements; and

A consistent and demonstrated involvement in the MCBA and the fulfillment of its mission statement.

PAGE 19 An Official Publication of the Marin County Bar Association THE MARIN LAWYER

NONPROFIT PROFILE

Spotlight on New Beginnings Law Center

New Beginnings Law Center’s (NBLC) Community Reentry Program provides legal services to those with a criminal history. Its mission is to empower and transform the lives of those who are burdened by a criminal record and to provide a safety net for those at risk of re-entering the criminal justice system. This is achieved through legal advocacy, case management and collaboration with other community organizations. NBLC’s reintegration projects are designed to help individuals within vulnerable populations successfully transition and reintegrate into their community after a criminal conviction.

Unlike some organizations that solely focus on clearing criminal records, NBLC's comprehensive approach emphasizes ongoing support that doesn't end after record clearing. NBLC aims to equip individuals with the confidence and skills necessary to break old patterns and lead crime-free lives. The center's innovative "Pay it Forward'' Program allows clients to give back to the community, fostering personal growth while benefiting society. With a commitment to holistic reintegration and traumainformed care, NBLC works alongside the justice system to provide continuous support, thereby helping justice-involved individuals build brighter futures.

We spoke with Elissa Lasserre, the Founder, Executive Director, and Managing Attorney of NBLC, in order to get a deeper perspective into the non-profit.

How does New Beginnings Law Center support individuals who have made mistakes in their past and want to reintegrate into society?

When new clients seek to join the NBLC program, program staff first evaluates the person’s criminal

PAGE 20 An Official Publication of the Marin County Bar Association THE MARIN LAWYER

history to determine what particular legal relief is available. This is achieved by reviewing the client’s Criminal Index Information (CII) provided by the Department of Justice (DOJ). Once the client is accepted into the program, he/she completes a comprehensive wellness self-assessment. This assessment addresses the five dimensions of wellness: physical, emotional, spiritual, intellectual, and social. Elissa emphasizes the importance of equilibrium across these dimensions. “If one area is out of balance, the whole person is out of balance, and recidivist behavior is likely,” she states.

While addressing the client’s criminal history, NBLC connects clients with additional services and nonprofit organizations according to individual needs thus acknowledging their trauma and fostering trust. Upon program completion, clients are encouraged to contribute to their community through volunteering, donating, or even serving on one of NBLC’s committees or board of directors.

Does New Beginnings Law Center offer services pro-bono?

No, NBLC does not offer pro-bono services. The program operates on a principle of mutual investment, aiming to instill a sense of responsibility and accomplishment. Services are provided on a sliding fee scale which is based on the Federal Poverty Guidelines.

For clients whose income is greater than that on the fee scale, the full fee is paid at the hourly rate of $150. Those who pay the full fee help to subsidize those with little income. As an example, the full fee for a misdemeanor dismissal is $300 If a person fall do), the fee is $90.

Could you explain how NBLC's collaboration with community organizations contributes to helping justice-involved individuals regain their confidence and empowerment?

Drawing inspiration from the proverbial "It takes a Village," NBLC recognizes the significance of a robust support system. “Healthy, happy people ha majority of criminal justice-involved individuals lack such support systems. NBCL forms partnerships with a variety of local organizations such as Downtown Streets Team, Canal Alliance, and Marin City Performing Stars to provide a system of support. This is the safety net aspect of NBLC’s mission work.

NBLCs philosophy follows that of Hirshi’s Social Control Theory; a person is less likely to choose crime if they have strong social bonds. Those that have a strong, stable, and healthy support system are less apt to become involved in the criminal justice system. What does this mean? This means if we continue to either 1) mete out severe punishment (tough-on-crime policy), or 2) engage in radical engage in radical criminal justice reform without considering the need for a prolonged support system (safety net) outside the bandwidth of government agencies, we will continue to experience recidivist behavior. Quite simply put, if we always do what we’ve always done, we’ll always get what we’ve always got.

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NBLC not only focuses on criminal record clearing which is California’s statutory offer of “another chance,” we provide continued support to help the individual stay on the path of success.

How does NBLC ensure continued support beyond record clearing?

In Marin County, we are fortunate to have government agencies, e.g., Public Defender’s Office, County Probation, Health and Human Services, that are able to devote resources to reentry services to justice involved individuals. Some of these services are time limited. For example, the Marin County Probation Department provides services during a justice-involved individual’s probationary, parole or county supervision period which only lasts a determinate period. Once the individual is no longer under the jurisdiction of the Court, the services end.

Under the NBLC program's overarching framework, there are distinct projects that are structured to address and honor the unique needs of each population, i.e., Substance Abuse, LGBTQ, BIPOC, Sex Offender Registration, Immigrant Post-Conviction Relief, Prison Re-Integration, Homeless/Economically Disadvantaged, Licensing Exemption/Reinstatement/Waiver. These projects aim to provide tailored support beyond just record clearing.

Can you share a success story that highlights how NBLC's personalized support helps individuals overcome challenges and make positive life changes?

Elissa informed me of a case of a registered nurse who battled addiction. She eventually lost her nursing license and custody of her child, but was committed to reclaiming her life. With NBLC’s assistance, her criminal record was cleared and custody of her child was restored. NBLC petitioned the

GE 22 T

The "Pay it Forward" Program sounds intriguing. How does it benefit both NBLC clients and the community at large?

The “Pay it Forward” Program” encourages clients to give back to their community, most specifically through volunteering or getting involved with NBLC directly. “It provides self-esteem, and when we have self-esteem, we can be productive members of the community,” Elissa explains.

How does NBLC work alongside the justice system to create a smoother transition for individuals seeking reintegration support?

Through referrals from District Attorneys, Probation Department, Health and Human Services, and law enforcement agencies, NBLC works to smooth the transition for individuals as they reintegrate into our community.

Is there anything Marin Lawyer can do to support NBLC?

Yes! NBLC relies upon donations. Please text NBLC to 26989 if you are interested in donating. Additionally, they are always looking for volunteers! Visit www.nblawcenter.org for more information.

PAGE 23 An Official Publication of the Marin County Bar Association THE MARIN LAWYER

Bridging the Gap: Understanding Community and Law Enforcement

Law enforcement agencies are created to enhance public safety. They are entrusted with a broad range of powers and protections to carry out their duties. Incidents of law enforcement misconduct have damaged public trust and raised questions about the adequacy of the systems of checks and balances that oversee law enforcement. AB 1185 offers a new mechanism to strike a balance and open a dialogue.

In 2017, three Sacramento Sheriff deputies fired 28 shots at Mikel McIntyre a 32-year-old unarmed African-American man. McIntyre was experiencing a mental health crisis off of Route 50 in Rancho Cordova. He hurled rocks at deputies striking one deputy in the head and causing injuries that required stitches McIntyre was shot 7 times, 6 of them striking him in the back.

In February of 2019, Assemblymember Kevin McCarty introduced AB 1185. AB 1185, also known as sheriff oversight, authorizes counties to create a sheriff oversight board and an office of inspector general and grants the bodies subpoena power enforceable by court action. The bill passed the Public Safety Committee and Assembly. However, due to the lack of time, the bill became inactive as a two-year bill.

In May 2020, 46-year-old George Floyd, an African-American man, was arrested after allegedly making a purchase with a counterrfeit

$20 bill. During the arrest, Officer Derek Chauvin knelt on Floyd’s neck for over nine minutes, killing Floyd. The murder of George Floyd led to nationwide protests in the summer of 2020. Issues of law enforcement accountability, trust, and transparency were reexamined On September 30, 2020, AB 1185 was signed into law and enacted in January 2021. AB 1185 created the opportunity to provide oversight and increased accountability of sheriffs across the state.

In June 2021, the Marin Human Rights Commission presented the first community forum on AB 1185. The forum featured Assemblymember Kevin McCarty, author of AB 1185, former Marin Sheriff Robert Doyle, former Supervisor Damon Connolly, former Supervisor Judy Arnold, and Cesar Lagleva with the Action Coalition for People of Color. The Board of Supervisors continues to work to implement AB 1185.

In July 2022 an incident involving Julio Jimenz Lopez, a gardener drinking in public, and San Rafael Police Officers Daisy Mazariegos and Brandon Nail quickly escalated. Lopez was struck by Officer Nail and later charged with felony resisting arrest. The charges against Lopez were dropped after the body camera footage was reviewed The incident spurred controversy and the public demanded justice. The City of San

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Rafael is currently undergoing its own process to provide greater trust and accountability.

In August of 2022, the Marin County Office of Equity and the Human Rights Commission convened a Community Outreach Working Group to review the options for oversight provided by AB 1185 and to develop recommendations for the preferred framework for Marin residents.

Fifteen community members were selected for their professional, educational, or lived experience in areas related to law enforcement oversight and connection to Marin County. The National Association for Civilian Oversight of Law Enforcement (NACOLE) was hired to facilitate the community engagement process, provide technical assistance, host focus groups, and draft recommendations with the group.

In June 2023, the Board of Supervisors heard recommendations for creating an 11-member commission and an inspector general to oversee the sheriff’s department. The proposals are the result of months of hard work and difficult conversations between the working group, the Sheriff’s Office, the Deputy Sheriff’s Association, and the community to come to an understanding. The conversations helped to better define the scope of the working group and the protections afforded to law enforcement under the Peace Officer Bill of Rights (POBR).

The Board of Supervisors allocated $600,000 to implement AB 1185 and is expected to review a draft ordinance to enact AB 1185 at the end of the summer of 2023.

The real-world situations that play out in the community highlight the challenges. Issues of what constitutes an appropriate response, a perceived threat, sufficient training, and abuse of power must be addressed.

Data is available to inform the conversation. Dialogue is required to develop a shared understanding of the realities unfolding beyond the statistics. Success is contingent upon a robust dialogue, addressing each party’s needs and concerns, and taking action consistent with our shared values of public safety, trust, and respect.

These issues have been raised at the national level through campaigns and organizations like #8Can’tWait, Advancement Project, and the federal Task Force on 21st Century Policing. While campaigns and legislative changes bring greater awareness and transparency, an open dialogue remains critical to identifying a local solution with residents most impacted by systemic issues (housing affordability, economic opportunity, racism, healthcare access, etc.) and current policing practices in our community.

If AB 1185 brings us closer to having these conversations, understanding the person behind the badge, and building relationships with people in our communities, I welcome this added layer of transparency and accountability.

stavo Goncalves is a legislative aide rking for the Marin County Board of pervisors on issues related to criminal tice and behavioral health, housing, melessness, economic vitality, and more currently serves as a District 1 Aide for the unty of Marin

PAGE 25 An Official Publication of the Marin County Bar Association THE MARIN LAWYER
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Before her election to County Supervisor, Supervisor Mary Sackett worked as an attorney in medical malpractice law. As a lawyer looking to give back to the community, she volunteered with Legal Aid of Marin participating in unlawful detainer settlement conferences, helping landlords and tenants resolve eviction disputes before trial. For a few hours each month, Sackett would step away from her law firm job and use her legal knowledge to meaningfully connect with people in need of legal assistance. It is volunteer efforts like this, where lawyers take what time they can spare from their often hectic schedules, that helps expand access to talented legal representation and ensure our court runs efficiently.

Volunteering with the court is also a great way for lawyers to immerse themselves in new fields of law. When Sackett first began volunteering, she had no prior experience with eviction cases and is grateful to have gained an understanding of the eviction process. For newer lawyers, roles in mediation and arbitration offer opportunities to build skills Volunteering has the added benefit of helping lawyers network with other community-minded volunteers. Sackett remembers building relationships with lawyers and judges from different areas of law that she otherwise may not have met.

Heading into the fall, new volunteers are greatly needed. If you are looking to give back to the community, interested in learning about a new area of law, or wanting to meet other volunteer lawyers, you are strongly encouraged to apply.

Volunteer opportunities are available for a variety of skills, interests, and availability as detailed below:

Civil Discovery Facilitators help litigants to resolve discovery disputes before court review Those interested in becoming a civil discovery facilitator must be active members of the State Bar or retired judges and licensed for at least ten years. Each attorney’s application to serve is approved by the Supervising Civil Judge with qualified attorneys placed on a list sent to litigants opting into the program by the ADR Coordinator Lawrence Strick. For more information, contact Mr. Strick at lstrick@stricklaw.com

Civil Settlement Conference Panelists assist with civil and probate dispute Mandatory Settlement Conferences. Panelists must be licensed for 10 years. Those interested in applying should contact Cathi Larson at cathi.larson@marin.courts.ca.gov

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Community Court addresses and seeks to resolve minor traffic and lifestyle violations committed by persistently disadvantaged defendants who face difficulties maneuvering the court system. In most instances, the court will waive the fines and fees associated with infractions in exchange for participants completing community service hours. Volunteer attorneys are both available to meet with defendants and review their cases prior to court hearings and help provide mitigation to the court during these hearings. Community Court meets on Zoom from 24:30/5 pm on the second Tuesday of each month. Legal Aid of Marin staff are also available to meet with participants at St. Vincent de Paul’s dining hall in San Rafael if they are unable to access the virtual docket on their own. Those interested in volunteering should email administration@marin courts ca gov

Family Law Settlement Conference Panelists participate in Bench Bar Settlement Conferences in the family division. As one of two panelists, attorneys with experience in family law and a Judge Pro Tem meet with parties for one pre-trial settlement conference. Conferences are conducted in Room C-84. If interested in becoming a panelist, contact Cathi Larson at cathi.larson@marin.courts.ca.gov to apply.

Lawyers in the Library is a collaboration between the Marin County Bar Association and the Marin County Law Library that provides free 20-minute legal advice sessions to self-represented community members over a Zoom platform. Volunteer in the comfort of your office or home. Currently, these areas include civil and small claims, family law, estate planning/probate, general civil appellate (unlimited and family case appeals only), employment (whenever possible), personal injury matters, and landlord-tenant matters. The program is part of the Marin legal community’s efforts to assist those who cannot afford private legal services by coordinating and furthering access to information and referrals provided by volunteer attorneys. The virtual .clinic is held on Zoom on the fourth Thursday of each month from 4:30 to 6:30 pm excluding December. This is an excellent opportunity to volunteer just two hours a month, contact Mee Mee Wong at mwong@marinbar.org

Small Claims Judges Pro Tem preside as a panel over small claims hearings on Tuesday and Friday mornings. Attorneys with a civil background interested in applying must be members of the State Bar for at least 10 years in good standing and meet mandatory training and education requirements as outlined in the California Rules of Court, Rules 2.812, 2.815, and Code of Civil Procedures section 116.240. For further details or if you are interested in applying, email administration@marin.courts.ca.gov

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Unlawful Detainer Settlement Conferences: Volunteer opportunities through Legal Aid of Marin allow attorneys to assist pro per landlords and tenants in resolving unlawful detainer cases prior to trial. Settlement conferences are conducted by the court every Thursday at 1:30 pm over Zoom. If interested in volunteering at these settlement conferences, contact Legal Aid of Marin at (415) 492-0230.

One piece of advice I was given as a college student was to say yes to every opportunity, a piece of advice that I think applies to people regardless of age or career seniority, not just college students figuring out the future. Whether

you are a new lawyer looking to take on roles such as mediation or arbitration or a more experienced one wanting to get involved in different fields of law, these volunteer roles present the opportunity to use your talents to positively impact the community. Even if you only have a few hours each month, just say yes. You never know how many lives you might touch.

PAGE 29 An Official Publication of the Marin County Bar Association THE MARIN LAWYER
Caitlin Kawamura is a summer intern in Supervisor Mary Sackett’s office working on biomass and greenhouse gas reduction projects She is a senior at the College of the Holy Cross in Worcester, Massachusetts studying political science and economics After graduating, Caitlin hopes to pursue a career in environmental law or public policy.

MCBA and CalCPA MidSummer Mixer

Marin County Bar Association

After a three-year hiatus from our annual Midsummer Mixer with CalCPA, MCBA relaunched the midsummer gathering on July 27 th . New and long-time MCBA members, CalCPA accountants, and financial service professionals mingled in the beautiful designer offices of Own Marin in Corte Madera. Tasty morsels from Comforts and a bar of summer drinks kept attendees sustained as business cards and lively conversations were exchanged. Colleagues remarked that they could finally connect a “person and face” to email exchanges after COVID disrupted in-person events. Over 100 people registered for this popular event and we thank the MCBA Sponsors that supported this inperson mixer:

Matt Ramsey, Marin Bail Bonds

Homa Rassouli, Reverse Mortgage Specialist, Mutual of Omaha Mortgage

Chris J. Henry, Estate & Investment Realty Group

Sheena Moe and Liz McCarthy, The McCarthy + Moe Group, Marin County Luxury Real Estate

VIEW PHOTOS!

RECAP PAGE 30 An Official Publication of the Marin County Bar Association THE MARIN LAWYER

Questions and Answers with Judge Chernus

Honorable Roy O. Chernus, a distinguished figure in the Marin Superior Court, has left an indelible mark on both the legal and community landscapes. With a career of over forty years, spanning several pivotal roles, including Commissioner, Executive Director of Legal Aid of Marin, and Judge of the Marin Superior Court and Supervising Judge of the Civic Division, Judge Chernus has demonstrated his commitment to justice and equality.

Judge Chernus received a bachelor’s degree from George Washington University and a Juris Doctorate from New York Law School. After approximately twenty years in private practice, Roy Chernus became the Director of Legal Aid of Marin County, refocusing the emphasis from North Bay general concerns to addressing local Marin County issues and engaging many local attorneys as volunteer counsel to successfully resolve local issues for Marin residents

In 2005, Judge Chernus was appointed Commissioner in Marin C h Judge Adams to create and implement a “Self-Help Center” to assist local individuals involved in the court system to understand and navigate the complex requirements of litigation

Judge Chernus has played a pivotal role in securing essential treatment for veterans through his leadership in establishing the Marin County Veterans Court. This innovative program focuses on supporting veterans charged with crimes while ensuring they receive the necessary treatment they deserve and enabling them to complete diversion programs.

Judge Chernus has been an active supporter and facilitator in Youth Transforming Justice (YTC) for over eighteen years. YTC is a restorative justice program for juveniles, utilizing an effective peer-led process (Peer Solutions) As Judge Chernus states, “I have frequently said that teens may lie to their parents, teachers, and probation officers. However, they seem to tell the truth to their peers. I think that is part of the ‘magic sauce’ of peer solutions.” During Judge Chernus’ tenure, the program has diverted over 1,500 teens from the juvenile court system.

Judge Chernus’ remarkable achievements have garnered prestigious awards, including the Martin Luther King, Jr. Humanitarian Award and the Lawyer of the Year Award from the Marin County Bar Association. These honors capture the profound influence he has in both the legal realm and broader

JUDGE’S PROFILE
Hon. Roy O. Chernus
PAGE 31 An Official Publication of the Marin County Bar Association THE MARIN LAWYER

community. As he approaches his well-deserved retirement next month, Judge Chernus' absence will undoubtedly be deeply felt throughout the entire community of Marin.

Can you tell us about your journey to becoming a Judge in the Marin Superior Court?

“I have had a career in the legal profession for over forty-three years. In 2005, I was appointed as a Commissioner for the Marin County Superior Court. I became a Judge in 2011 and was excited to serve the county of Marin, as I found a supportive and friendly environment within the Marin Superior Court. During my tenure supervising the Civil Judges, I was particularly proud of the initiation of the Unlawful Detainer Settlement Calendar. This approach led to the resolution of almost all of the eviction cases that were presented in court.”

Can you share an example of a particularly impactful event in your career that reaffirmed your commitment to the legal profession?

“One powerful moment that resonated with me was the positive manner in which the Marin Superior Court judges and staff adapted when the pandemic hit. Overnight, we all had to pivot so that court business could continue to go on during a severe international pandemic. My colleagues learned to use Zoom, keep cases afloat, and essentially become ‘IT support’. Judge Haakensen was a particularly tech-savvy person on the court floor. It was amazing how quickly everyone adapted and cooperated to handle the business of the people.

This approach was our way of expressing gratitude to those who served our country.”

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What advice do you have for young legal professionals who aim to make a meaningful impact within the legal field and their communities?

“For young lawyers, I would offer a few pieces of advice. First, it is important to remain active in the Bar Association and other professional associations. Second, it is important to learn from others. I recommend finding a mentor or mentors. Last, I would recommend devoting some time to pro-bono work with other organizations within the community to maintain insight into local issues of impact.”

Would you share your thoughts regarding the greater legal community of Marin?

“I am a proud member of the Marin County Bar Association, and I am particularly proud of the attorneys in Marin County. I have found that almost all are well-prepared, ethical, and incredibly qualified. All of you attorneys should be giving yourselves a pat on the back! Marin County is just such a wonderful place to practice law and be a community member.”

What follows your retirement?

“I have been married to my wife Renee for forty-five years, and it has truly been such a wonderful experience. We have both shown commitment to the legal profession and giving back to the community and supported each other throughout our careers and intend to continue in the future. Frankly, I have been a very, very lucky man. ”

PAGE 33 An Official Publication of the Marin County Bar Association THE MARIN LAWYER
HON. ROY CHERNUS (green) after donating his kidney to PENNY DUFFICY (white)

Brockbank Political Report: A Look

at Next Year's March and November Local Elections and the 2026 Statewide Elections

Greg Brockbank

Most of Marin’s nonpartisan elections previously held for decades in odd-numbered years, were forced to move to even-numbered years (Presidential and gubernatorial years) because the turnout was so much higher in even-numbered years. In effect, Marin and some other counties were punished for having the first or second-highest voter turnout statewide in recent decades in presidential elections (89-91% turnout) since now both nonpartisan and partisan races are held in even-numbered years to “increase the turnout” for nonpartisan elections. There is concern that some voters won’t vote in the nonpartisan elections because they can only think about the presidential and other partisan races. Other voters will be annoyed about the ballot’s magnitude.

Too many people, including political junkies, are wringing their hands about how huge the elections next year are going to be. Over 90% of the approximately 300 local nonpartisan elections happen in November (rather than June/March) every two years These elections include city and town councils, school districts, special districts, and semi-independent political bodies.

The approximately 40 Central Committee seats (rarely on the ballot, and partisan) comprise 2/3 of the 61 potential seats at stake in all the March elections. After the roughly 3 well-known and 40 mostly unknown partisan races, 17 seats or positions on nonpartisan bodies in Marin are potentially on the March ballot. Usually over half of these are uncontested, or in tiny districts that few people outside them are interested in:

3 Superior Court Judges’ seats (rarely contested and incumbents almost never lose)

3 Almonte Sanitary District seats (few could name the incumbents, who are rarely challenged)

3 Ross Town Council seats (there was a challenger last year to the incumbents, but he lost)

Potential races with greater interest include:

is up. In addition, there are about 40 Marin Democratic Central Committee seat elections in presidential years. These Central Committee seats are probably Marin’s least-known elected officials. They’re rarely contested.

3 seats on the Ross Valley Sanitary District (It’s larger, and most incumbents are running for re-election. Even though it’s often controversial, it doesn’t seem to be now.)

3 seats on the Mill Valley City Council (They’re probably moving it to November, and they have a higher-than-usual number of

PAGE 34 An Official Publication of the Marin County Bar Association THE MARIN LAWYER

appointed councilmembers, although they did just have a special election for a new councilmember earlier this year.)

Finally, the “biggest” (most important, and usually gets the most attention of the Marin nonpartisan races) are the three seats on the Board of Supervisors. Dennis Rodoni and Stephanie Moulton-Peters seem likely to skate to reelections (or even uncontested ones) to their third and second terms respectively, as no challengers have surfaced yet that I’ve heard about. The big surprise came in June when Supervisor Katie Rice announced her plan to step down at the end of her term in December of next year.

Rice’s Second Supervisorial District covers most of Ross Valley (Kentfield, Greenbrae, San Anselmo, and Fairfax, plus a few neighborhoods in Southern San Rafael bordering Greenbrae and San Anselmo). One would think there would be plenty of ambitious councilmembers from those cities, ready to step up to a full-time political job rather than stay in a part-time basically volunteer job. Sure enough, two-term San Anselmo councilmember Brian Colbert jumped in, and has been gathering an impressive number of endorsements from other elected officials. Colbert would be the first black Marin Supervisor, just as he’s been the first black council member in Marin. Sonoma State University political science professor David McCuan, a frequent Marin IJ commentator, called Colbert the prohibitive frontrunner recently.

Another two-term San Anselmo councilmember, Steve Burdo, has been long rumored to enter the race. He’s seen as more progressive than Colbert or other likely possible candidates.

Larkspur councilmember Gabe Paulson, Ross Valley School board member Ryan O’Neil, and

Kentfield School District board member Heather McPhail Sridharan are all running as well. Former Assemblymember Marc Levine had entered the race early but on August 22 Levine announced he was withdrawing from the race, “Over the summer, I’ve had more time to consider serving on the Board of Supervisors and even more intensely weigh it after the passing of my mother earlier this month. I’m going to take a pause on electoral politics for now.”

Perhaps the biggest race statewide for many people in March will be the “primary” for Diane Feinstein’s US Senate seat. Feinstein, age 90, said she won’t run for another term. While progressives have never been too happy with her and didn’t support her last re-election, they’re now upset she didn’t resign earlier this year despite her serious ongoing health problems. Although there are likely to be (and probably already are) numerous candidates, there seem to be only three major ones, all members of the House of Representatives:

Adam Schiff, age 63, has been in Congress a couple of decades and gained recognition and praise for his role in the first Trump impeachment trial. He is probably the frontrunner, leading the fundraising and polling, despite being a little stiffer and less progressive than some would like.

Katie Porter, age 49, has only been in Congress three terms, with her re-election last fall closer than everyone expected, causing her to have to raise more money for it than she anticipated. But she has a reputation as a good fundraiser and is seen as more progressive than Schiff. She’s also appealing as an Orange County law professor who takes her whiteboard to Congressional hearings and has a best-seller out entitled “Politics Is Messier Than My Minivan.”

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Barbara Lee has been in Congress the longest and is almost certainly the most progressive, but is seen as the least likely to win among the three because her Oakland seat has always been so Democratic that she never needed to raise much money. This hurts her, as well as the fact that her name recognition is not as good in populous Southern California. She’s also 75, a little old to be mounting her first Senate campaign.

State ballot measures are likely to be few in March (only those put on the ballot by the Legislature), and numerous in November, as usual. The eight statewide constitutional officers were all elected (or re-elected) last year, but already some people are jumping into races, real or imagined, for 2026:

Lt. Governor: Eleni Kounalakis will term out (and is running for Governor), so State Treasurer Fiona Ma has announced her campaign for Lt. Governor. Sausalito Councilmember Janelle Kellman has also launched a campaign. Kellman has been on the Sausalito City Council since her election in November 2020 and is an attorney and entrepreneur focused on environmental issues and climate adaptation. I know of no other candidates for that office (although there are likely to be eventually). I don’t count place-holder accounts, which so many legislators seem to newly elected Attorney General Rob Bonta and Secretary of State Shirley Weber will run for new terms.

Governor: Gavin Newsom terms out in 2027, and Lieutenant (Lt.) Governor Eleni Kounalakis has filed paperwork announcing her run for governor in 2026, Lt. Governor was her first elected office (I don’t count Ambassador to Hungary). Former State Controller and other statewide officeholder Betty Yee termed out last year and has much more experience in statewide office. She is said to be about to announce her campaign for governor, and State Superintendent of Public Instruction Tony Thurmond may be announcing soon as well.

Control of Congress and the White House will of course again be a major issue for many people. Republicans are optimistic because Biden’s polling numbers are so low, but Democrats usually do better in Congress during Presidential years and did better than expected during last fall’s midterm elections where Republicans often do better. Also, the Republican presidential frontrunner, Donald Trump, has even lower approval ratings than Biden, and faces four new indictments this year with his trials being scheduled in the coming months right through the presidential campaign.

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Democrats remain astounded that so many people so strongly support Trump despite his having more problems as a candidate than even political consultants could concisely list. Many Democrats want Trump to win the Republican nomination because they think he would be easier for President Biden to beat, as the polls show, but others are nervous and don’t want to risk Trump surprising us by winning in November, as he did in 2016.

The March “primary” elections, featuring very few races, has filing open mid-November to midDecember. The November elections will feature plenty of partisan and nonpartisan races, although we’ll have to wait through the March election and national primaries next year to see who the candidates are on the ballot, what the

major campaign issues turn out to be, and what the polls say in the months leading up to November 2024.

Note: The views expressed in this article are opinions of the author and are not intended to reflect those of MCBA nor is this column an endorsement of any candidate.

Greg Brockbank, is a 30-plus-year attorney and civic and political activist, having served for 22 years on the College of Marin Board of Trustees and then on the San Rafael City Council He is the senior member and past chair of the Marin Democratic Party governing board and has attended 30 state Democratic conventions. For over 20 years, he has , provided numerous groups with detailed lists of the contact info for all candidates for Marin’s local offices and appears as a commentator and election night co-host on public access television

PAGE 37 An Official Publication of the Marin County Bar Association THE MARIN LAWYER

NEW MEMBERS

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Atkinson, Andelson, Loya, Ruud & Romo Attorney Membership

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THERE ARE MANY EXCELLENT REASONS TO BECOME A MEMBER OF MCBA! HERE ARE JUST A FEW: NETWORKING

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An Official Publication of the Marin County Bar Association THE MARIN LAWYER PAGE 39

Top 5 Things to Know Using the New Marin Court Portal

The Marin Superior Court’s new electronic filing system offers a streamlined way to manage documents and stay informed about your case's status. A few key points to remember are listed below.

E-Delivery System Insights:

Email Notifications: Expect timely email updates about your case's progress. Typically, you'll receive an initial receipt confirmation and subsequent acceptance or rejection notices.

Document Retrieval: Access your documents through the E-Delivery portal's "My Previous Filings" section.

Excluded Document Types: Certain documents cannot be submitted through EDelivery. This includes ex-partes, abstracts of judgments, writs of execution, court-ordered filings, restraining orders, and similar items.

Filing Date Stamp: Accepted documents receive a filing date stamp based on their receipt date.

Payment Process: Your payment card generally won't be charged unless your document is accepted.

Tips:

Matter Number: Filing status notifications will be linked to your Matter Number. Use easily recognizable names for the benefit of attorneys or staff tracking the filing.

PDF Accessibility: Ensure your PDF documents are searchable to prevent rejection.

Bookmarking: For documents exceeding 15 pages or containing multiple exhibits/sections, bookmarking with matching names enhances ease of access for the court.

Timely Filing: Submit documents during business hours for potential same-day filing.

Processing Time: Be patient with document processing due to the system's newness. If urgency is vital, one could consider in-person filing.

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points include: your account, token access, or other concerns, contact portaladmin@marin.courts.ca.gov.

Attorney Access: Attorneys of record can register on E-Portal to view filed documents and court minutes. However, they must be authorized and receive a token for access.

Token Process: Attorneys' emails must match their CA State Bar email, subject to verification, leading to around 24 hours before gaining access.

Token Access: Cases accessible through tokens appear under the "My Cases Tab." Attorneys can view confidential matters like Unlawful Detainers.

Public Access: Limited public access provides information on parties, future events, and filings but not actual documents or confidential matters.

Usage Limit: Attorneys have a daily cap of 45 case views.

Hopefully, with these insights and guidelines, you can efficiently manage documents and access case information in Marin County's new advanced electronic systems!

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PAGE 41 An Official Publication of the Marin County Bar Association THE MARIN LAWYER
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Board of Directors

Chelsea E. Heaney

2023 Director Vance & Wills, P C

Thomas M. McCallister

2023 Director

Marin County District Attorney's Office

Neusha N. Ghaedi

2024 Director

DeMartini, Walker & Ghaedi LLP

Mary A. Stearns

2024 Director Alternate Defenders Incorporated

David L. Winnett

2024 Director

Liuzzi, Murphy, Solomon, Churton, Hale & Winnett, LLP

Morgan H. Daly

2025 Director

Law Office of Morgan Daly

Lucie C. Hollingsworth

2025 Director

Legal Aid of Marin

Valerie G. Kushel

2023 Director

VGK Law

Mary M. Sackett

2023 Director

Marin County Supervisor, District 1

Jeffrey G. Knowles

2024 Director

Coblentz Patch Duffy & Bass LLP

Alexander S. Vahdat

2024 Director

Berman Tabacco

Robyn B. Christo

2025 Director

Epstein Holtzapple Christo

Shanti Eagle

2025 Director

Farella Braun + Martel LLP

Elisha J. Yang

2025 Director

Hanson Bridgett LLP

PAGE 43 An Official Publication of the Marin County Bar Association THE MARIN LAWYER

Executive Board of Officers Officers

Ahtossa P. Fullerton President

Wasacz Hilley & Fullerton LLP

Kristine Fowler Cirby Treasurer

Cirby Family Law Offices

Robert Rosborough Past President

Monty White LLP

Scott Buell President-Elect

Buell Law and Mediation

Thomas McInerney Secretary

Ogletree Deakins

Mary McLain

5-Year Past President McLain Mediation

To involve, encourage, and support Bar Association members, to serve as a liaison to the Marin County Courts, to educate the community and enhance access to legal services.

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