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SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

Sacramento County Bar Association Turns 99 HELP WANTED!

See pages 18-19


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EDITOR’S MESSAGE Betsy S. Kimball

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Editor-in-Chief

by Betsy S. Kimball

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he SCBA has ambitious plans for celebrating its 100-year “birthday” in 2018. Please see the “help really wanted” pages in the center of this issue and volunteer to work on the 100year centennial publication. It will not happen without your help! Weeks pass between the time we finalize an issue’s articles and the time the magazine is delivered. Occasionally I worry that some article or announcement will become stale or even outdated during the weeks the magazine is in production. Today, my hope is just the opposite—that, by the time this issue is delivered, one article will be 100 percent out-of-date. That article is Gary Smith’s and Vicki Jacobs’ piece (p. 8) about the Trump administration’s proposal to de-fund the Legal Service Corporation. “The American Bar Association is outraged that the administration proposes to eliminate funding for the Legal Services Corporation … [1]” Me too. I urge you to read the article and then add your name to those of the bar leaders, law faculties, deans, law firms, and “ordinary” lawyers across the country who are supporting the Legal Services Corporation. Inaccessibility to legal services is already a threat to the legal system. This is the time to expand

access—not to turn the clock back some 50 years and dismantle what is already in place. There are several articles in this issue by, or about the experiences of, our Asian-American colleagues, including Kathi Finnerty’s thoughtful article on the exclusion and incarceration of Japanese-Americans during World War II. As Editor, I get lots of press release type things, including a daily one from something called Wallet Hub. I usually delete them, but the February 22nd release caught my eye. Of the 501 “largest U.S. cities” (who knew there were so many), Sacramento is the 4th most ethno-racially diverse. As we document the first 100 years of the SCBA, we will see it evolve from an association of white men to the diverse lot it is today. My point here is to stress that, as the lawyers of today, we do well to remember the lessons of history and stay vigilant about preserving what our predecessors and we have accomplished. There is a lot going on. It’s not a good time to sit on the sidelines.

1 https://www.americanbar.org/news/abanews/ aba-news-archives/2017/03/statement_of_abapre3.html.

EDITOR-IN-CHIEF Betsy S. Kimball Editor@sacbar.org ASSOCIATE EDITOR Ellen Arabian-Lee STAFF EDITORS Bryan Hawkins, Heather Cline Hoganson, Maureen Onyeagbako MAGAZINE COMMITTEE Betsy S. Kimball, Samson R. Elsbernd, David Graulich, Coral Henning, Heather Cline Hoganson, Yoshinori H.T. Himel CREATIVE DIRECTOR Mary J. Burroughs (916) 564-3780 - mburroughs@sacbar.org PRODUCTION DESIGN Milenko Vlajsavljevic ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 - scba@sacbar.org SCBA OFFICERS Sabrina L. Thomas - President Sil Reggiardo - 1st Vice President Sean McCoy - 2nd Vice President Shanae Buffington - Secretary/Treasurer SCBA EXECUTIVE DIRECTOR Mary J. Burroughs - mburroughs@sacbar.org

Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 425 University Ave., Suite 120, Sacramento, CA 95825. Issn 1087-8771. Annual subscription rate: $6.00 included in membership dues, or $24.00 for nonmembers. Periodicals postage paid at Sacramento, California. Postmaster: Send address changes to Sacramento Lawyer, 425 University Ave., Suite 120, Sacramento, CA 95825. Copyright 2017 by the Sacramento County Bar Association. Each author’s commentary reflects his/her individual opinion only and not that of his/her employer, organization with which he/she is affiliated, or Sacramento Lawyer magazine, unless otherwise stated.

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SACRAMENTO LAWYER | May/June 2017 | www.sacbar.org


CONTENTS SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

MAY/JUNE 2017 VOLUME 118, NUMBER 3

COVER STORY 18 The SCBA Turns 99 – Join the Planning for the Centennial

FEATURE ARTICLES 8

Federal Legal Aid in Doubt

14 The Ugly Abyss of Racism: The Forced Relocation of JapaneseAmerican Citizens under the Guise of Threat – Lessons for Today 28 Florin Law Academy Diversity Champion Award

COURT NEWS

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12 Commissioner Carlton Davis Joins the Court

SECTIONS & AFFILIATES 10 ABAS Law Foundation Brings Chief Justice to Sacramento for Conversation on Civic Responsibilities 21 WMBA Book Drive Benefits Incarcerated Youth 22 The Asian/American Bar Association of Sacramento 24 Public Law Section Update

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BARRISTERS 26 Barristers’ Club Update

DEPARTMENTS 4

Editor’s Message

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President’s Message

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14 COVER

Sacramento Lawyer magazine welcomes letters and article suggestions from readers. Please e-mail them to editor@sacbar.org. The Sacramento County Bar Association reserves the right to edit articles and letters sent in for publication. Please contact the SCBA at 916-564-3780 for deadline information, fax 916-564-3787, or email mburroughs@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer magazine become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.

Sacramento County Bar Association Turns 99

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PRESIDENT’S MESSAGE Sabrina L. Thomas President, Sacramento County Bar Association

Challenge - Explain

to a 5th Grader What You Do by Sabrina L. Thomas

S

ome of you may remember the television show “Kids Say the Darndest Things” based on a feature in Art Linkletter’s television show, Art Linkletter’s House Party. During the show, Linkletter interviewed children about a variety of subjects and elicited their opinions about religion, government, families, and other assorted topics. The questions often evoked some of the zaniest and funniest comments. This is exactly how I feel whenever I speak to children at local elementary schools about the work I do. Invariably, the most popular questions are: 1.   Do you appear on television? 2. How much money do you make? 3.   Do you put the bad guys in jail?   In the last issue of Sacramento Lawyer magazine, I highlighted the many benefits of volunteerism and introduced our newest program, the SCBA Kids Law Day program. The SCBA Kids Law Day is a program designed to introduce elementary school children to the legal profession by having an attorney and paralegal or legal secretary talk to children about pursuing a legal career. The team members will talk about their respective professions and answer questions from the children. The program is targeted for elementary school children in grades 4 through 6. This is when kids start to

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formulate ideas about what they want to be when they “grow up.” According to research, children as young as 12 have a strong sense of their personal futures and can reflect thoughtfully on what life might hold for them. I vividly remember deciding to become

a lawyer around the age of 10 after reading a book called the Super Lawyer. I was intrigued by the enormous impact one profession could have on the life and liberties of citizens. I envision the SCBA Kids Law Day program as the starting point for introducing young learners to our profession. The program is also important for helping students develop California English language arts stan-

SACRAMENTO LAWYER | May/June 2017 | www.sacbar.org

dard readiness for college, careers, and civic life. The SCBA Kids Law Day program will focus primarily on civic life to help students find their voice, develop a passion for social justice, and become responsible citizens of a democratic society. We have reached out to several school principals who are ecstatic about SCBA’s decision to develop a law program that focuses on younger children. We share their enthusiasm. We hope these students will be inspired by the program and eventually enroll in a law academy program at C.K. McClatchy High School or Florin High School, both are SCBA supported organizations. These law academies provide students with opportunities to explore the broad range of careers within the field of law. As our young learners grow, we hope that they will be inspired to seek a legal career. In closing, I’ve included a few thank you notes I received last year from some children at Father Keith B. Kenny K-8 School in Oak Park. I hope that these cards will inspire you to volunteer your time at one of the local elementary schools and encourage you to share with our most valuable asset and future leaders, “why you pursued a career in the legal profession.” Please contact the SCBA office for more information on how you can inspire a young learner. Carpe diem!


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FEATURE ARTICLE

Vicki Jacobs is the Managing Attorney of the Voluntary Legal Services Program. She can be contacted at vjacobs@vlsp.org. Gary Smith is the Executive Director of Legal Services of Northern California.

Federal Legal Aid Funding in Doubt by Vicki Jacobs and Gary Smith

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mong the more widely recognized programs like the National Endowment for the Arts and the Corporation for Public Broadcasting slated for elimination in the Trump administration’s proposed 2018 budget, is a lesser known program that had its origins in the 1960’s War on Poverty. Successor to the Office of Economic Opportunity’s Legal Services Program, the Legal Services Corporation (LSC) was established by Congress with the Legal Services Act, signed into law by President Richard M. Nixon in 1974. In a message to Congress promoting the formation of a national legal aid program, President Nixon described the work of legal services programs: “Here each day the old, the unemployed, the underprivileged, and the largely forgotten people of our Nation may seek help. Perhaps it is an eviction, a marital conflict, repossession of a car, or misunderstanding over a welfare check each problem – may have a legal solution. These are small claims in the Nation’s eye, but they loom large in the hearts and lives of poor Americans.” Today that relatively small federal program funds more than 800 legal aid offices throughout the United States, operated by independent non-profit organizations. LSC grants about $340 million per year to those programs charged with providing legal aid to the poor – defined under LSC rules as individuals with less than $15,075 per year in annual income. Legal Services of Northern Califor-

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nia (LSNC), based in Sacramento, is the LSC-funded legal aid program for 22 mostly rural northern California counties; its service area is roughly the size of the state of Ohio. During 2016, LSNC’s 60th anniversary year, attorneys in the program’s eight field offices closed 12,948 cases for LSC-eligible clients. In addition to its direct casework, LSNC provides community legal education presentations, self-help materials, and legal clinics which benefit tens of thousands of low-income and vulnerable residents across its service area. LSNC provides advice, counsel and representation to low income people in the areas of housing, healthcare, public assistance, consumer, family and education law. In partnership with its sister program – the Voluntary Legal Services Program of Northern California – LSNC pursues its mission to provide quality legal services to empower the poor to identify the causes and effects of poverty within their communities. VLSP has enjoyed a long and productive relationship with LSNC. When LSNC’s predecessor, the Legal Aid Society of Sacramento County, was incorporated in 1956, it employed a parttime attorney who recruited a small informal group of volunteers to assist in client representation. The pro bono panel was formalized in 1981 when, under the leadership of local attorneys Jim Mize and Tom Eres, the Sacramento County Bar Association (SCBA) initiated VLSP. That effort was prompted, in large part, by very substantial

SACRAMENTO LAWYER | May/June 2017 | www.sacbar.org

funding reductions to LSNC as a result of the Reagan administration’s attempts to eliminate LSC. In 1986, at the instigation of LSNC Executive Director Victor Geminiani and VLSP attorney Russell Austin, VLSP was incorporated as a joint project of LSNC and the SCBA to enlarge the referral program and enhance funding opportunities. Since its incorporation, VLSP has been funded primarily through sub-grants from LSNC, the State Bar’s Interest on Lawyer Trust Accounts (IOLTA) program, support from SCBA, and private donations. The sub-grants LSNC makes to VLSP are made possible by what has always been substantial and reliable funding from LSC. If LSC is defunded in 2018, VLSP stands to lose 35 percent of its funding. While the recent proposed elimination of LSC was barely mentioned in the many news reports analyzing the Trump administration’s 2018 budget, the end of federally funded legal aid for the poor would have an immediate and dramatic impact in communities across the nation. According to LSC’s most recent annual report, more than 1.8 million Americans were served by federally funded legal aid programs in 2015. While LSNC has worked hard to diversify its funding base in the two decades following the severe LSC budget reductions of the late 1990s, nearly one-third of its annual funding still comes from LSC. That reliable annual funding provides the backbone of the


FEATURE ARTICLE

organization’s budget, and loss of that funding would be devastating. Most of LSNC’s other funding sources only incidentally support legal services for the poor. Indeed, most of those funding streams require that services be provided regardless of the income or assets of the prospective client and focus on particular issues such as health care or pension law. Consequently, the

elimination of LSC or a significant reduction of LSC funds would disproportionately impact the most vulnerable of LSNC’s (and VLSP’s) clients. The impact would be particularly severe in LSNC’s rural counties, as LSC comprises more than half of the funding for legal services in those counties. Equal access to justice is a pillar of legal ethics. The threats to that ideal for the

poorest among us posed by the proposed elimination of LSC have been met with strong opposition from the judiciary, law schools, and prominent law firms alike. LSNC’s advocates, along with their pro bono colleagues providing services through VLSP, have been heartened by the enthusiastic support of the legal community for our work and our clients’ interests.

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SECTIONS AND AFFILIATES

Yoshinori H.T. Himel is the President of the ABAS Foundation. He can be contacted at president@ abaslawfoundation.org.

ABAS Law Foundation Brings Chief Justice to Sacramento for Conversation on Civic Responsibilities by Yoshinori H.T. Himel March 9th, the ABAS Law Foundation presented “A Conversation on Civics with Chief Justice of California Tani Cantil-Sakauye,” in the courtroom at Pacific McGeorge. This was the kickoff event of “ABAS Law Foundation Presents…,” the Foundation’s new series of speakers and events to provoke discussion and inform the public on often-overlooked subjects. Event chair Jerilyn Paik and Foundation president Yoshinori Himel moderated. The event was well-attended, with community leaders, law professors, Judge James Mize, Dr. Pamela A. Eibeck, President of the University of the Pacific, Jay Mootz, Dean of Pacific McGeorge, law students, and several dozen high school students and parents from schools including Kennedy High School, NP3 Charter High School, and the Florin High School Law Academy. The event began with a reception and continued with questions and answers from moderators and the audience. When asked for lessons in civic responsibility from her parents and upbringing, the Chief told about her mother’s experience of disrespect and humiliation in court as a pro se. She asked herself, why can’t we take more control over the process? When asked for civics lessons from her husband’s parents, she told how 120,000 inno-

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cent persons were imprisoned at the stroke of a pen, including his father at Tule Lake, California, and his mother at Amache, Colorado. The Chief found it remarkable that the larger society expressed little protest against the injustice. The Chief told of learning about California’s historical bar to aliens practicing law, the Chinese Exclusion Act, and the prohibition against African-American and Asian witnesses testifying against whites. She said she later found that society was no longer silent, and the courts no longer racially closed, when she heard the voices of Dale Minami and his client, Fred Korematsu, raised in Korematsu’s 1980s court battle against the mass imprisonment. But, she said, the mass

An audience member asks a question about civics

SACRAMENTO LAWYER | May/June 2017 | www.sacbar.org

imprisonment has parallels in today’s fear of immigrants. When asked how the justice system has changed, the Chief said the judicial canons have changed to encourage judges to participate outside their courtrooms. She also cited mental health courts and Sacramento’s Veterans Treatment Court as examples of worthwhile responses to societal needs. How does one prepare for a legal career? The Chief answered that the “law is vast;” be around people who think differently, and go outside your comfort zone. She recalled Condoleezza Rice‘s counsel that if you’re good in math, take English. Don’t be quick to judge others. The Chief responded to a ques-


SECTIONS AND AFFILIATES tion of how, when a law office did not hire her, she improved her career skills by dealing blackjack at Harrah’s. She learned what risks increase after drinking, how people bluff at the table, how people tell their problems, and how to read body language to pick a jury. How does one persuade high school seniors to get involved in civic activities? The Chief recommended hands-on projects, because in working together as a team, people get the same experience as in real governance projects, with tasks, deadlines, and ultimate celebration. Finally, what are the responsibilities of active citizenship? The Chief advised: First, read critically. Ask yourself: Who wrote it? Is the person disinterested? Do they have the facts? What’s the evidence? Reserve judg-

Students listen to the Chief Justice

ment and think for yourself: How can I make it work for me? Then, speak respectfully. Instead of a harsh tone, respectful disagreement gets us to a better place. Coming attractions in this series include: May 25, Dale Minami on

Asian-American empowerment under the law. Visit http://www.abaslawfoundation.org for notice of the next programs: human trafficking and its impact on the Asian-American community, and heroes of conscience at Tule Lake.

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tion yer?

COURT NEWS

Maureen C. Onyeagbako is a Deputy Attorney General with the California Department of Justice and a Staff Editor of Sacramento Lawyer. She can be contacted at Maureen.Onyeagbako@doj.ca.gov.

Commissioner Carlton Davis Joins the Court by Maureen C. Onyeagbako n California State Bar Trial Lawyer Hall of Fame, 2001 n Fellow, American College of Trial Lawyers, since 1986 n Northern California Super Lawyers since inception n Best Lawyers in America since inception, recently:

J

u Lawyer of the year, Real Estate Litigation,

Sacramento, 2014

Photo courtesy of the Sacramento County Superior Court

The future Commissioner went on to Tulane University anuary 2017 marked the addition of Commissioner Carlu Lawyer of the Year, Commercial Litigation, with a full track scholarship and competed in the sprints. ton Davis to the Sacramento County Superior Court Sacramento 2010 Taking the importance of an education to heart, he was bench. has been a fixture the 2014 community for the the Company Litigation, 2012,in2013, u BetDavis Commercial Litigation, 2012, 2013, 2014 u named the top student last 11 years as a DepLitigation-Banking and Finance, 2012, 2013, 2014 athlete in his class and uty u District Attorney, u Litigation-Real Estate, 2012, 2013, 2014 graduated with honors where he successfully in political science and prosecuted homicides, sociology. From there, he domestic and sexual vigraduated from the Uniolence, and gang cases, versity of Southern Caliamong others. He sees fornia Law School. the Commissioner posiWherever he is, Comtion as a new challenge missioner Davis remains and opportunity to discommitted to giving back pense justice in a differto others. As a kid, he ent way. m helped feed the homeless, A graduate of John C/ (916) 825-9952 F/ (916) 525-8446 and later he served as the F. Kennedy High School Community Service Chair in Sacramento, Davis o, CA 95814 www.genshlealaw.com for USC’s graduate school remembers attending a Presiding Judge Culhane administers the oath to Commissioner Davis senate. He is a former presprogram on justiceCounty for Sacramento Public Law Library ident of the Wiley W. Manuel Bar Association and organizes youth and listening to Judge (now Presiding Justice of the Third SCBA 2015 Contract for Success, a mentoring program for high school stuDistrict Court of Appeal) Vance W. Raye encourage students to dents and founded by Third District Court of Appeal Associate advance their educations. This was the first time Davis had ever Justice William J. Murray. Commissioner Davis gladly accepts seen a black judge, and it got him to think more seriously about the charge of role model and, as others did for him, will encourhis future. Davis’s parents had always encouraged him and his age youths to advance their educations and options. brother (now a public defender in San Francisco) to get an edCommissioner Davis is currently assigned to the Juveucation and comport themselves with dignity, but the program MAGAZINE added a visual for his career possibilities. nile Dependency Court.

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FEATURE ARTICLE

The Ugly Abyss of Racism:

The Forced Relocation of Japanese-American Citizens under the Guise of Threat – Lessons for Today by Kathleen E. Finnerty

Photos from the Densho Digital Repository, a multi-partner initiative of Densho: The Japanese Legacy Project (ddr.densho.org)

T

his year marks the 75th anniversary of Executive Order 9066 and the subsequent internment and incarceration of Japanese Americans and others. Recent events have renewed focus on these tragic events: The Trump administration’s attempts to slow or block the immigration of “refugees” from seven Muslim-majority countries and the Executive Orders to strip federal funding to “sanctuary cities,” including Sacramento. Much can be learned from Executive Order 9066 and the incarceration – rather than internment – of American citizens and others. The order was based not on evidence of threat, but on a generalized fear grounded in racial bias and applied to frightening events. This article explores how past experience can guide a thoughtful response to current events.

The Attack on Pearl Harbor Precipitates Executive Order 9066 On December 7, 1941, Japan de-

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stroyed much of the U.S. Pacific fleet in a surprise attack on Pearl Harbor. The U.S. declared war on Japan almost immediately. Fear of a potential Japanese invasion of the West Coast was ram-

pant. President Franklin D. Roosevelt signed Executive Order 9066, which authorized the Secretary of War to designate certain areas as “military zones” to provide “every possible protection

SACRAMENTO LAWYER | May/June 2017 | www.sacbar.org

against espionage and against sabotage” to the national defense. Public Law 503, passed by Congress, made violation of military orders a misdemeanor punishable by fine and imprisonment. General John L. DeWitt defined the entire West Coast as a military area and imposed a curfew on all people of Japanese ancestry. He then ordered them removed from the area and incarcerated in distant camps without trial or other judicial review. A critical legal distinction exists between internment and incarceration. Internment is the incarceration of enemy soldiers and selected aliens, not citizens. The “internment” of Japanese Americans during World War II was forced relocation and incarceration of persons of Japanese descent. Over 120,000 persons of Japanese descent were “interned.” More than half were U.S. citizens. Yet, outside of California, 2,000 non-citizen Italian nationals were interned out of a population of 695,000, and approximately


FEATURE ARTICLE 11,000 non-citizen German nationals were interned out of a population of 1.2 million. Of more than 170,000 Japanese Americans living in Hawaii, approximately 2,000 were “interned.”

The Japanese “Internment” Cases War time powers and fears of international terrorism permeated the country. Several legal cases challenged the constitutionality of Executive Order 9066, one of which was based in Sacramento. Yasui v. United States, 320 U.S. 115 (1943) Minoru Yasui was the first Japanese American to challenge the military actions. Yasui was born in Hood, Oregon, earned his undergraduate and law degree at the University of Oregon, and joined the Oregon Bar. However, no Portland law firm would hire him. He moved to Chicago to work for the Japanese Consulate. He quit that job the day after Japan attacked Pearl Harbor to rejoin the U.S. Army – but was repeatedly refused, despite his diligence and Army officer status. Yasui peacefully violated the curfew. He asked to be arrested so that he could test the curfew’s constitutionality. The trial court ruled that the curfew was unconstitutional as applied to U.S. citizens, but convicted Yasui, finding that

he had “renounced his citizenship” by working for the Japanese consulate. The Supreme Court upheld the conviction, stating that the curfew was constitutionally appropriate for American citizens in times of war. Ex Parte Endo, 323 U.S. 283 (1944) Mitsuye Endo, an American citizen of Japanese ancestry living in Sacramento, was a clerk at the local Department of Motor Vehicles. She did not speak or write Japanese. Her brother served in the U.S. Army. In 1942, Endo was removed from her Sacramento home and placed in a Utah internment camp. Endo’s attorney filed a petition for writ of habeas corpus arguing that she was a loyal and lawabiding U.S. citizen who was unlawfully detained and held against her will. The War Relocation Authority conceded that she was a loyal and law-abiding citizen and offered to release her if she stayed out of California. Endo refused release so that the U.S. Supreme Court would review her case. The court ruled unanimously that the federal government could not continue to detain a citizen who was concededly loyal to the U.S. It also ruled: “A citizen who is concededly loyal presents no problem of espionage or sabotage … [¶] …The authority to detain a citizen or to grant him a conditional

release as protection against espionage or sabotage is exhausted at least when his loyalty is conceded.”1 The Constitution is specific in providing procedural safeguards surrounding the arrest, detention, and conviction of individuals, including that no person shall be deprived of liberty without due process of law.2 Endo must be freed. Korematsu v. United States, 323 U.S. 214 (1944) Fred Korematsu, 23, was an American citizen of Japanese descent. He intentionally declined to leave a military zone to challenge the constitutionality of Executive Order 9066. Korematsu was tried in federal court and convicted of remaining in a military area against military orders. He was sentenced to five years of probation and moved to an assembly center in San Bruno, California. Korematsu’s attorneys appealed the trial court’s decision to the U.S. Court of Appeals, which affirmed the trial court. The U.S. Supreme Court ruled, in a 6-3 decision by Justice Hugo Black, that the detention was a “military necessity” not based on race. The Supreme Court further held that the Executive Order and military orders were aimed at “the twin dangers of espionage and sabotage.”3 The court accepted the government’s claim “that it was impossible to bring about an immediate segregation of the

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FEATURE ARTICLE disloyal from the loyal.”4 The court stated: “Citizenship has its responsibilities as well as its privileges, and in time of war the burden is always heavier.”5 The court strained to articulate that its ruling was not based on racial antagonism: “Regardless of the true nature of the assembly and relocation centers − and we deem it unjustifiable to call them concentration camps with all the ugly connotations that term implies − we are dealing specifically with nothing but an exclusion order. To cast this case into outlines of racial prejudice, without reference to the real military dangers which were presented, merely confuses the issue.”6 Justices Roberts, Murphy, and Jackson dissented. Justice Murphy wrote separately, proclaiming that the “exclusion goes over ‘the very brink of consti-

tutional power’ and falls into the ugly abyss of racism.”7 “… no reasonable relation to an ‘immediate, imminent, and impending’ public danger is evident to support this racial restriction which is one of the most sweeping and complete deprivations of constitutional rights in the history of this nation in the absence of martial law.”8 Justice Murphy noted that “[n]o adequate reason is given for the failure to treat these Japanese Americans on an individual basis by holding investigations and hearings to separate the loyal from the disloyal, as was done in the case of persons of German and Italian ancestry.”9 He called the majority opinion “the legalization of racism.”10 In 1983, a pro bono legal team with new evidence re-opened the 40-yearold case based on government misconduct – specifically that the government’s legal team had intentionally suppressed or destroyed evidence from intelligence

agencies that Japanese Americans posed no military threat to the U.S. On November 10, 1983, Judge Marilyn Hall Patel overturned Korematsu’s conviction in the same San Francisco courthouse where he had been convicted as a young man.11 The district court ruling cleared Korematsu’s name, but the Supreme Court decision remains.

“Those who fail to learn from history are doomed to repeat it.” Sir Winston Churchill Current Times The Trump administration’s policy toward Muslims, Syrians, and others bears reflection on the tragic injustice done to many Japanese-American citizens under the guise of potential attack. Let us all pause and reflect on some of the lessons learned, and hope that we can conduct ourselves and our country in a constitutional and just manner. Our country was founded upon the formative principle of freedom and due process that cannot be deprived without evidence of specific, not generalized, threat or fear. Let us be diligent in our efforts to protect our country, and even more diligent in our efforts to protect its fundamental values. 1 323 U.S. at 302. 2 Id. at 299. 3 323 U.S. at 217. 4 Id. at 218-19. 5 Id. at 219. 6 Id. at 223. 7 Id. at 233. 8 Id. at 235. 9 Id. at 241. 10 Id. at 242. 11 Korematsu v. U.S., 584 F. Supp. 1406 (N.D. Cal. 1984).

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SACRAMENTO LAWYER | May/June 2017 | www.sacbar.org


Sacramento County Bar Association Presents

BarStock 3 Hours of Fun, Peace & Music Food Trucks Wine and Beer Garden Featuring Live Music By Sacramento’s Favorite

Lawyer Bands!

Friday June 2, 2017 6pm to 9pm

SAVE THE DATE SCBA Office 425 University Ave Sacramento, CA www.sacbar.org | May/June 2017 | SACRAMENTO LAWYER

17


Join the Planning for the Centennial, i.e.,

HELP WANTED! The SCBA Turns 99

5

1

Celebration The SCBA will celebrate its centennial year in 2018. Events and a really big block party are already being planned. Want to help? Contact Mary Burroughs at the SCBA office.

2 The Centennial Year Issue of Sacramento Lawyer, aka The Book

Writers, researchers, and proofreaders needed.

3 Memorabilia Do you have bar memorabilia to share – old photos, old documents, etc.? If so, contact Mary Burroughs at the SCBA office.

SACRAMENTO LAWYER | May/June 2017 | www.sacbar.org

Become an editor of the centennial year issue of Sacramento Lawyer. Here is the current list of “openings” and the “job description” for each.

4

The SCBA will publish an issue of Sacramento Lawyer in book form and size to preserve and produce an historical record of the SCBA legal community. All kinds of help is needed to accomplish this project. If you have ideas or questions, contact Mary Burroughs at the SCBA office or email Betsy Kimball at editor@sacbar.org.

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Editors Needed

Have you read the “job descriptions” for the editors and know that you just do not have the time to help that much? If yes, please sign up to be a writer or a researcher. This publication will not be possible without writers. And writers need researchers. Proofreaders will also be much needed. At a minimum, your work will be recognized in the masthead for the centennial publication, and in some cases bylines will also be given.

For more information contact Mary Burroughs at (916) 564-3780, mburroughs@sacbar.org or Betsy Kimball at editor@sacbar.org.


Advertising Editor. Work with the SCBA staff, primarily Deb Roberts, to sell the advertising (and sponsorships) that will be needed to pay for the centennial issue. The primary target-advertisers are lawyers and law firms. The Advertising Editor is most welcome to participate in ad design too. The anticipated specific tasks include: create a list of potential advertisers (already in process), make contact, facilitate the contracting process, assist with production including design, review, and finalization. This is not a glory job, but your work will be much appreciated, and you will be commemorated forever more as the Advertising Editor (or co-editor) of the centennial issue. Job starts now. History Co-Editor (at least 2 co-editors needed). Work with the SCBA staff and others to review the two categories of historic material already in the SCBA’s possession (a lot).

6

One category is past issues of the Docket and Sacramento Lawyer. The other category is memorabilia in the possession of the SCBA such as minute books, resolutions, photos. These co-editors will make recommendations about which articles to re-print in the centennial publication and will also participate in the decision-making about the historic photos, etc. This job can be done over the next four to six months. Paper cuts will be the biggest hazard. This will be a fun job. Features Editor. Work with the Editor-in-Chief and SCBA Executive Director to design and execute feature articles for the centennial year publication. Ideas welcome. Ideas already is the Editor-in-Chief’s head include: Air Force bases (Mather & McClellan) and lawyers; lawyers in the military (Vietnam War, Gulf and recent wars); courthouses histories; notable Sacramento cases; law libraries; the SCBA’s next 100 years. This task will include recruiting and working with writers and initial editing and direction of their work. Co-editors very welcome. Job starts now. Presidents Editor. Form and work with a committee of writers to locate already writ-

ten, and to write new, short thumbnail descriptions of all past SCBA presidents. The focus and content of these pieces is yet to be decided. This task will involve communicating with past presidents and may involves some tracking-down of those who have retired. This is a big job that will involve forming and working with a committee of other volunteers. Job starts now. Judges Editor. Want to get to know the members of the local bench better? If yes, this is the job for you. The centennial year publication will have features on judges past and present. Hopefully some will be written by judges themselves. This editor will plan this aspect of the centennial year publication and then organize and execute it. Photo Editor. This editor will work with the professional photographers on the SCBA staff and ideally is a skilled amateur photographer him-/herself. It is anticipated that many photos will need to be taken for advertising and for features. It is the task of this editor to oversee all of it. This editor will need to work with the Advertising Editor and the staff. The production quality in the centennial year publication will be high. Great photos will be published.

Interview

Would you like to be interviewed for the centennial issue? If so, please contact either Mary Burroughs at the SCBA office or Betsy Kimball at editor@sacbar.org.

www.sacbar.org | May/June 2017 | SACRAMENTO LAWYER

19


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SECTIONS AND AFFILIATES

Maureen C. Onyeagbako is a Deputy Attorney General with the California Department of Justice and a Staff Editor of Sacramento Lawyer. She can be contacted at Maureen.Onyeagbako@doj.ca.gov.

WMBA Book Drive Benefits Incarcerated Youth by Maureen C. Onyeagbako

Supervising Probation Officer Joshua Paris, Chief Probation Officer Lee Seale, & Asst. Chief Deputy Carol Paris

Book drive supporters listen intently to Commissioner Carlton Davis

T

he Wiley W. Manuel Bar Association (WMBA) concluded its fifth annual “Literacy Liberates” book drive on March 30, 2017. All donations benefitted the Sacramento County Juvenile Hall Library. Commissioner Carlton Davis spoke to the crowd at Underground Books about the importance of promoting literacy and how reading

even a single book can change a child’s life. Student Rheavynn Alexander gave a moving account about her life story and the positive impact the library has had on her and other youth. WMBA President Gary P. Lindsey Jr. closed the event by thanking all donors and calling on attorneys to volunteer their time with juvenile hall.

WMBA President Gary Lindsey Jr., Probation Assistant Tiffany Merritt, & Commissioner Carlton Davis

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www.sacbar.org | May/June 2017 | SACRAMENTO LAWYER

21


SECTIONS AND AFFILIATES

The Asian/Pacific Bar Association of Sacramento

Sophia Kwan is counsel at Seyfarth Shaw LLP and the 2017 President of ABAS. She can be contacted at SKwan@ seyfarth.com.

by Sophia Kwan

Back row: Chris Alvarez (Vice President), Cindy Liu (President-Elect), Sophia Kwan (President), Michael Wang (Secretary); front row: Allison Claire (Magistrate Judge of the United States District Court, Eastern District of California), Teresa Chan (Member at Large), Colleen Howard (Member at Large), Tiffany Tran (Ex-Officio Member), Jinnifer Pitcher (Member at Large), Henry Chu (Treasurer); not pictured: Karen Kim (Immediate Past President) & Priscilla Chu (Member at Large)

T

he Asian/Pacific Bar Association of Sacramento (ABAS) is a non-profit legal organization created to foster the exchange of ideas, to provide services to the general and local communities, and to protect people’s civil and human rights. Since 1980, ABAS has been a force in advocating for diversity in the legal system - from encouraging APIs to join the legal profession, to connecting with other minority organizations, to urging for diversity among the bench, and to fighting for issues affecting those beyond APIs who are in need of equality in the justice system. Over the years, ABAS has provided meaningful service to its membership and the Sacramento community, and this year is no different. ABAS has an exciting year planned ahead

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SACRAMENTO LAWYER | May/June 2017 | www.sacbar.org

of us, with a calendar that includes mentorship opportunities, community service events, MCLE seminars, the annual dinner in the Fall, and, of course, our fun monthly social gatherings. You can learn more about ABAS at http://abassacramento.com and find out what ABAS has been up to by subscribing to our newsletter, Nota Bene, at http://abassacramento.com/nota-bene/. ABAS could not achieve its success without the support of its members. ABAS invites all to become a part of this remarkable organization with a few simple clicks at http://abassacramento.com/about-abas/join-abas/. Have questions or comments about ABAS? Email us at abassacramento@gmail. com. We thank you in advance for your support!


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www.sacbar.org | May/June 2017 | SACRAMENTO LAWYER

23


SECTIONS AND AFFILIATES

Public Law Section Update

Maggie Stern is an attorney at Kronick Moskovitz Tiedemann & Girard. She can be contacted at mstern@kmtg.com.

Maggie W. Stern

Photo courtesy of Maggie. W. Stern

sues in the California Public Records Act. The presentation included an update on City of San Jose v. Superior Court (2017) 2 Cal.5th 608, which was decided by the California Supreme Court on March 2, 2017. In City of San Jose, the Court held that when a city employee uses a personal account to communicate about the conduct of public business, those records may be subject to disclosure under the California Public Records Act. In addition to its educational and networking opportunities, the PLS supports local law students who have an interest in practicing in the public arena. The PLS provided two $500 book scholarships to local law students last year, and offers numerous opportunities throughout the year for law students to network with PLS members.

Alison Leary (League of California Cities, Deputy General Counsel), Sabrina Thomas (SCBA President), & Katharine Killeen (Public Law Section, Chairperson)

The PLS looks forward to more enriching programs throughout the year. Keep a lookout for announcements about PLS events in 2017, and join the PLS as it continues to strengthen its community of attorneys who serve public agencies in the Sacramento region.

P

ublic Law Section (PLS) members were treated to an informative legislative update on February 22, 2017 by Ashley E. Ratliff of Best, Best & Krieger LLP. Ratliff reviewed legislation enacted in 2016, including statutes affecting public records, elections, campaign finance, taxation, and more. Materials from the legislative update are available on the PLS webpage at http://www.sacbar.org/public-law.html. The legislative update was provided as a free brown-bag event, and is just one the many benefits the PLS offers its members. The PLS regularly provides educational programs and networking opportunities for public law attorneys across the broad spectrum of practices in the Sacramento region. Active membership is comprised of attorneys in private law firms and local and state agencies. The PLS also welcomes law students. Recent PLS programs reflect the breadth of practice areas engaged in by public sector attorneys in the region. For example, on March 29, 2017, Ruthann G. Ziegler of Meyers Nave Riback Silver & Wilson, PLC and Andrea Velasquez, City of Sacramento, provided a presentation on emerging is-

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SACRAMENTO LAWYER | May/June 2017 | www.sacbar.org

For advertising opportunities please contact Deb Roberts at 916.564.3780 or deb.roberts@sacbar.org


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www.sacbar.org | May/June 2017 | SACRAMENTO LAWYER


Lauren Sorokolit is the Barristers’

BARRISTERS

Media Chair and Associate General Counsel at Molina Healthcare, Inc. She can be contacted at Lauren.Sorokolit@ molinahealthcare.com.

Barristers’ Club Update by Lauren Sorokolit

Barristers’ Club Kicks off the Spring with Substance Abuse and Dual Diagnosis Treatment MCLE On February 23, the Barristers’ Club hosted a new MCLE seminar entitled “Substance Abuse and Dual Diagnosis Treatment.” The event was well attended by Barristers’ Club members and new practitioners. At the MCLE seminar, Dr. Ramon Garcia provided attendees with fascinating insight on an attorney’s duty of competence as it relates to substance abuse in the profession and the complication of substance abuse when a dual diagnosis of depression or other mental illness is present. The discussion was very informative for both transactional and litigation attorneys who may encounter colleagues and litigants with psychological disorders and/or substance abuse issues. Attendees received participatory MCLE credit for com-

pleting a course dealing with competence issues. The Barristers’ Club thanks Dr. Garcia for leading this thought-provoking and successful MCLE event.

Watch the Calendar for Upcoming Events The Barristers’ Club has an array of programming planned for the upcoming months including a Spring social, the annual Bridging the Gap and Law and Motion seminars, and a seminar focusing on marijuana regulation. The Barristers’ Club looks forward to hosting its 24th Annual Summer Associates Reception at The Park Ultra Lounge on July 20, 2017. The event honors the Diversity Fellowship Program and is a favorite Barristers’ event for local practitioners, northern California judges, and summer associates alike. For more information regarding sponsorship opportunities or event details, please e-mail Katie Nystrom at Katie.nystrom@calrecycle.ca.gov.

Who are the Barristers? You may already be a Barrister and not even know it. If you are a SCBA member and have been practicing for five years or less, or are age 36 or less, then you are a Barrister. It is as easy as registering as a member of the SCBA which only costs $45 (or less) during your first year of practice. Welcoming new members and ideas is crucial to continuing the mission of both the Barristers’ Club and the Sacramento County Bar Association: to help new lawyers! Don’t be shy about contacting us. We look forward to meeting our fellow members and welcoming your energy and ideas. We encourage you to get more involved by meeting our Board members, volunteering for Board subcommittees, and attending and volunteering at our events.

For more information call 916-564-3780 or visit http://www.sacbar.org/barristers.html

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SACRAMENTO LAWYER | May/June 2017 | www.sacbar.org


In Appreciation of Our Dedicated and Supportive 2017 Mandatory Fee Arbitration Panel SACRAMENTO COUNTY BAR ASSOCIATION

Mandatory Fee Arbitration Program

Panel Chair Kenneth E. Bacon, Esq.

Panel Vice Chair Timothy L. Zeff, Esq.

Attorney Arbitrators

The Sacramento County Bar Association administers a Mandatory Fee Arbitration Program for fee disputes between clients and attorneys. Clients and attorneys have the opportunity for a neutral arbitrator to resolve the dispute through an informal, low cost proceeding without going to court. The fee dispute can be arbitrated in Sacramento, if the attorney has an office in Sacramento County or the majority of the services were performed in Sacramento County. The client does not need to be represented by an attorney for this program. For questions and additional information, please contact Martha Fenchen, SCBA Mandatory Fee Arbitration Administrator at 916-564-3780 or mfenchen@sacbar.org. Please also visit our website at www.sacbar. org for details and forms.

Suzanne Alves James J. Banks Stephen J. Beede Virginia Cale Russell Carlson Rick Cohen June Coleman Phillip M. Cunningham Linda Dankman Jeffrey R.A. Edwards Michael L. Faber John Fredenburg Thomas M. Garberson Daniel S. Glass Theresa Carter Geoffroy Karen Goodman Meriam Hansen Justin Hein Susan C. Hill Jonathan P. Huber

Marc L. Hughes Jason Jasmine Dustin Johnson Pamela Jones Robert W. Lucas Jon Lydell Ken Malovos J. Patrick McCarthy Sean M. McCoy Michael S. Middleton Elizabeth N. Niemi John C. Orcutt Jessica Rader Bret Rossi Daniel M. Steinberg Katherine Taylor Sabrina Thomas Patricia Tweedy Weiru Wang Robert Wheatley

Non-Attorney Arbitrators Jim Kleker Craig Kramer Bill Martin

Chris Plumb Joe Siau Steve Watson

Thank You! www.sacbar.org | May/June 2017 | SACRAMENTO LAWYER

27


FEATURE ARTICLE

Alana Mathews is the Public Adviser, California Energy Commission. She can be contacted at Alana. Mathews@energy.ca.gov.

Florin Law Academy Awarded Diversity Champion Award

by Alana Mathews

On

February 25, 2017, at its annual Pathway to dents to use the bathrooms matching their chosen gender Law Summit, California LAW, Inc. presented its identity. Additionally, the Florin Law Academy has partDiversity Champion Award to the Florin Law Academy. The nered with the Elk Grove City Hall and the California Ensummit connects California’s ergy Commission to offer community colleges, foursummer internships to stuyear institutions, and law dents. These opportunities schools to strengthen a pathprovide valuable insight to way for Law Academy stuhelp students understand dents from high school into how the law impacts evlaw or law-related careers. eryday life and exposes The Florin Law Acadthem to careers that have a emy was recognized for its meaningful impact in their innovative programs to help community. build the pipeline of diverThe Florin Law Acadesity within the legal profesmy is one of two law acadsion. These include an anemy programs supported nual legal career fair, spring by the SCBA. It offers college tour, and community high school students a legal clinics. Earlier this year, three-year course of study the Florin Law Academy that combines core “a-g” co-hosted an immigration academic courses with clinic with Peter Kyung of an emphasis on legal and Carson & Kyung, a law corpocriminal justice curricula, ration, to help local residents as well as opportunities understand the impact of Exto explore a variety of leCalifornia LAW, Inc. Executive Director Ruthe Catolico Ashley, ecutive Order 13767, Border gal professions. If you are Florin Law Academy Teacher Coordinator Carlos Garcia, & Advisory Security and Immigration interested in volunteerCommittee Chair Alana Mathews Enforcement Improvements. ing with the Florin Law This spring the Florin Law Academy as a mentor, Academy will partner with SacLEGAL to offer another edguest speaker, or participant in the annual legal career ucational clinic to help students understand the impact of fair, please contact Alana Mathews, Advisory Committee the recent rescission of guidelines allowing transgender stuChair, at Alana.mathews@energy.ca.gov.

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SACRAMENTO LAWYER | May/June 2017 | www.sacbar.org


#1

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Approval is needed to run your ad, please check appropriate box below. Proof OK as is Correction needed See a second proof

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u!

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OK with corrections JAY-ALLEN EISEN

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Announcing FIFTH ANNUAL

SIGN Sacramento County Bar Association Golf Tournament Friday, May 19, 2017

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Hon. Darrel W. Lewis (Ret.) Mediator Approval is needed to run your ad, please check appropriate box below.

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ALTERNATIVE DISPUTE RESOLUTION OF BUSINESS DISPUTES

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Sacramento Co Lawyer Referral

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SCBA LAWYER REFERRAL AND INFORMATION SERVICE Advertiser: Ken Malovos Ad size: Quarter Page

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JOIN THE SCBA LRIS Your potential Clients are trying to find an Attorney RIGHT NOW! Sacramento County Bar Association LRIS can help them find YOU!

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SACRAMENTO LAWYER | May/June 2017 | www.sacbar.org

 To join or if you have questions or clients to refer to the LRIS, please contact Abner Collazo at the Sacramento County Bar Association office (916) 564-3780 or email to acollazo@sacbar.org

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SACRAMENTO LAWYER | May/June 2017 | www.sacbar.org

Lauria Tokunaga Gates & Linn, LLP Legacy Law Group Littler Mendelson P.C. Longyear O’Dea & Lavra LLP Low McKinley Baleria & Salenko LLP Matheny Sears Linkert & Jaime LLP Mastagni Holstedt, A.P.C. Meegan Hanschu Kassenbrock Messing Adams & Jasmine LLP Mitchell & Chadwick LLP Molina Healthcare, Inc. Murphy Austin Adams Schoenfeld LLP Nossaman LLP Olson Hagel & Fishburn LLP Orrick Herrington & Sutcliffe LLP Palmer Kazanjian Wohl Hodson LLP Pillsbury Winthrop Shaw Pittman LLP Porter Scott Radoslovich Parker Turner, PC Rediger McHugh LLP Remy Moose Manley, LLP Renne Sloan Holtzman Sakai LLP Rothschild Wishek & Sands LLP Schuering Zimmerman & Doyle LLP Simas & Associates Somach Simmons & Dunn Singer & Associates Law Office Spinelli Donald & Nott Stoel Rives, LLP Thomas Law Group Timmons Owen Jansen & Tichy, Inc. Trainor Fairbrook Wagner Kirkman Blaine Klomparens & Youmans, LLP Webb & Tapella Law Corp. Weintraub Tobin Wilke Fleury Hoffelt Gould & Birney LLP­ Woodruff O’Hair Posner & Salinger, Inc.


SACRAMENTO COUNTY BAR ASSOCIATION

Join the 100% Club The Sacramento County Bar Association’s 100 Percent Club is a special category of member firms who have demonstrated an outstanding commitment to the work done through SCBA programs and services in the legal profession and the community. These firms with five or more attorneys have indicated their commitment by having 100 Percent of their attorneys as members of the SCBA. The SCBA is always exploring additional benefits to reward and recognize our 100 Percent Club Members.

100%Club

As a 100 Percent Club Member, You Will Receive the Following Complimentary Public Recognition: Your Firm will appear on the SCBA Home Page Website with a direct live link to Your Firm’s Website The SCBA website has recently seen as many as 1,200 unique visitors in a single day, over 5,000 per week; this is a great way for your firm to stand out in the crowded legal field. Your Firm will be listed in the SCBA bi-monthly Sacramento Lawyer Magazine The SCBA bi-monthly Sacramento Lawyer Magazine is distributed to all of our members throughout the Sacramento region, another way to raise your firm’s visibility in the legal community. Your Firm will receive recognition at the SCBA Annual Meeting with a frameable Certificate The SCBA Annual Meeting Luncheon gives firm leaders and members an opportunity to gather and share their unique issues as well as meet and greet the SCBA Board of Directors and incoming President. Your Firm will be listed in the SCBA Legal Directory Your Firm will be listed throughout the year in the SCBA Legal Directory.

If your firm is not already part of the 100 Percent Club, the SCBA makes it easy to join. Please contact Martha Fenchen, SCBA Member Services Department at mfenchen@sacbar.org, 916-564-3780, to provide a group renewal invoice as well as individual invoices for your attorneys to make the process as easy as possible.

SACRAMENTO COUNTY BAR ASSOCIATION 425 University Ave. Suite 120, Sacramento, CA 95825

www.sacbar.org


SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

1329 Howe Ave., #100120 • Sacramento, 425 University Ave., Suite • Sacramento,CA CA95825 95825

SCBA Annual Meeting Honoring Distinguished Attorney of the Year Justice Arthur Scotland Best Ball Team Scramble All Skill Levels Beginning Golfers Welcome

Sponsorship Opportunities: Installing SCBA Shirt Sponsor Hat Sponsor Officers & Directors Eagle Sponsor Birdie Sponsor Recognizing 100% Firms

Space is Limited REGISTER TODAY!

Announcing

MCLEFIFTH Prior toANNUAL Annual Meeting FREE for SCBA Members $100 for Non-Members

Par Sponsor Lunch Sponsor DATE Dinner Sponsor Monday Driving Range DecemberSponsor 15, 2014 Putting Green Sponsor TIME Sponsor 11:30 Hole Check in

12:00 Lunch

Sacramento County Bar Association 1 Hour Ethics - Topic: “Attorney Fees, PLACE Practically and Ethically” Golf Tournament Sheraton Grand Speaker: Kenneth Bacon of Mastagni Holstedt

1230 J Street

10:30-11:30am

Individual Golfer SCBA Member $100 Non-Member $150

Friday, May 19, 2017Speaker: Keynote

Haggin Oaks Golf Complex Chief Justice of California

Lunch and Awards Dinner with Silent Auction 11:00am Registration/Lunch 12:30pm Shotgun Start

Tani Cantil-Sakauye

Golf Foursome Call today calendar, for registration packet SCBA Member $400 www.sacbar.org/event Ticket information: $45 for SCBA members, $65 for non-members. (916) 564-3780 or register online Non-Member $600 After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or

at www.sacbar.org call (916) 564-3780. Send checks payable: SCBA, 1329 Howe Ave #100, Sacramento, CA 95825

Sacramento Lawyer Magazine MAY/JUNE 2017  

Sacramento County Bar Association Turns 99

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