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May/June 2018

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

www.sacbar.org

Reaching the Century Mark

Sacramento County Bar Association Centennial Reception


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EDITOR’S MESSAGE Betsy S. Kimball, Editor, with Kenya High Court Justice Jaqueline Kamau, January 2018, Voi, Kenya

Judges

W

hen I eat lunch at my desk (too often), I read the Kenyan newspapers online. Kenya’s challenges with the rule of law are thought-provoking. High government officials sometimes ignore court orders with impunity. Kenyan judges often struggle to enforce the law. We Americans take the rule of law for granted, but it is hardly immune from the same kind (not degree) of attack pervasive in Kenya. The people on the frontline of maintaining the rule of law are judges. Many of our judges – from small claims to the highest court in the land – come from our own ranks. Whether we agree with their decisions and regardless of where we stand across the political spectrum, it is largely our role as honest advocates and the judiciary’s role in faithfully applying the law that makes the rule of law “work.” Speaking at the SCBA’s Centennial Celebration last month, Justice Anthony Kennedy devoted a good portion of his remarks to the rule of law – offering his easily-understood (and shareable) definition of what it means. Enjoy the report on his remarks and lots of great event photographs on pages 18-20. This issue of the magazine is full of

EDITOR-IN-CHIEF Betsy S. Kimball Editor@sacbar.org

content. For those confused (most of us) about the recent split of the State Bar of California into (1) a non-representatively governed admissions and disciplinary entity, and (2) a “lawyers’ association,” we offer an article by the first President of the new California Lawyers Association, Heather Rosing, which explains everything. Also in this issue, Heather Hoganson and Jeff Edwards provide a comprehensive update on the Sacramento County Bar Association Foundation (fka the Sacramento Law Foundation). Since I have been Editor, each March/April issue of the magazine has presented cover stories about lawyers who do or are certain things – artists (2015), athletes (2016), volunteers (2017), and this year, immigrants. After each of these issues, Associate Editor Ellen Arabian-Lee and I hear from or about people whom we missed. Ellen and I do our best to identify people, but we do not know (about) everyone, and we cannot always include everyone. If we continue this theme for future March/April issues, I will try to put the word in the July/August and September/ October issues that we are looking for lawyers who are ….

The Centennial Photograph

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(Front) Mary Kennedy, Justice Anthony M. Kennedy, John Hamlyn, Ninth Circuit Judge Connie Callahan; (back) Sacramento Lawyer Editor Betsy Kimball, SCBA 2nd Vice President Shanae Buffington, SCBA Executive Director Mary Burroughs, SCBA President Sil Reggiardo, Third District Presiding Justice Vance Raye, SCBA Secretary/Treasurer Trevor Carson, Justice Art Scotland (ret.)

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | May/June 2018 | www.sacbar.org

ASSOCIATE EDITOR Ellen Arabian-Lee STAFF EDITORS 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 Vlaisavljevic ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 - scba@sacbar.org SCBA OFFICERS Sil Reggiardo - President Sean McCoy - 1st Vice President Shanae Buffington - 2nd Vice President Trevor Carson - 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 2018 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.


CONTENTS SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

MAY/JUNE 2018 VOLUME 118, NUMBER 3

COVER STORY 20 The SCBA’s Centennial Celebration Begins as Justice Kennedy Receives the Inaugural SCBA Anthony M. Kennedy Lifetime Achievement Award FEATURE ARTICLE 8

California Lawyers Association: The State Bar Sections Reinvented

SCBA NEWS 26 A Rose by Any Other Name: Sacramento Law Foundation Switches Name Back to Sacramento County Bar Association Foundation

20

EVENTS 14 2018 State of the Sacramento County Superior Court (Civil Division) 32 Retirements Celebrated AI FEATURE ARTICLE 16 ROSS – The “On-Demand Research Associate”

32

VLSP 22 New Pro Bono Initiatives: We Need You! DIVISION, SECTION, AND AFFILIATE NEWS 10 Sacramento’s St. Thomas More Society: Upcoming Feast Day Reception 12 SCBA Barristers Division Update 23 WMBA Reaches out to Sacramento-Area Law Students 24 Public Law Section Embarks on New Laws and Legal Frontiers 28 WMBA Donates More than 100 Books to Juvenile Hall Following Annual Book Drive 30 Cruz Reynoso Bar Association Salutes Presiding Judge David De Alba

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DEPARTMENTS 4 Editor’s Message 6

President’s Message

24 In Memorium

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.

Reaching the Century Mark Sacramento County Bar Association Centennial Reception

www.sacbar.org | May/June 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

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PRESIDENT’S MESSAGE

Sil Reggiardo President, Sacramento County Bar Association

100th Birthday Party for the Sacramento County Bar Association by Sil Reggiardo, President

T

he SCBA is throwing a party on Monday, June 25, 2018, from 5:00 p.m. to 8:00 p.m. in the Pavilion Tent at the Haggin Oaks golf Complex (3645 Fulton Avenue). This is the day after the SCBA turns 100 years old. We will celebrate 100 years of the SCBA in the Sacramento legal community. I remember parties with teenagers packed so tightly into a house that there was no question someone was going to be in big trouble when the parents got home. Word got out quickly and people gathered. It was fun. District of Columbia v. Wesby (2018) 138 S.Ct. 577 is a recent U.S. Supreme Court case that involved a party of the wildest sort. It was unclear whether this was a birthday party, a bachelor party, or just a party – or even whether someone named Peaches threw the party. Supreme Court Justice comments during oral argument showed some familiarity with and interest in parties. Justice Elena Kagan reminisced: “There are these parties that, once long ago, I used to be invited to where you didn’t … know the host, but you know Joe is having a party.” She added, “And I

can say that long, long ago, marijuana was maybe present at those parties?” Justice Anthony Kennedy asked: “So Peaches is the host at a bachelor party. Is that it?”

Sacramento County Bar Association

Birthday Party

BarStock 3 Hours of Fun, Peace & Music June 25, 2018 5pm to 8pm Haggin Oaks Golf Complex

3645 Fulton Ave. Sacramento, CA 95821

Our party will be much tamer, in part because we are lawyers and in part because we are just older. (No, we did not ask that the party end by 8:00 p.m. Haggin Oaks is graciously accommodating us but has its limits.) Should we throw our own

birthday party? Miss Manners (Judith Martin) was not wild about the idea but accepted it with limitations: “By all means, throw a party, … but then behave like a host … planning it for the enjoyment of the guests ….” (Miss Manners, March 17, 2013) And that is what we are doing. We will have “BarStock - 3 Hours of Fun, Peace & Music,” featuring live music by Sacramento’s favorite lawyer bands. Festivities will include a three-hole putting contest, a long putting hole-in-one contest, festival games, and prizes. We will have raffle prizes and a silent auction. We will also have a hot buffet dinner. As Julia Child said, “A party without cake is just a meeting.” We will have a special 100th Year Birthday Cake and will toast the SCBA. We are spreading the news about this party not by word of mouth but in print through this magazine and social media. We will not have wall-to-wall people, and this will not be the kind of party Justice Kagan recalled. But it will be a lot of fun. For tickets or more information visit: www.sacbar.org or call (916) 564-3780.

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1918~2018 CENTENNIAL | SACRAMENTO LAWYER | May/June 2018 | www.sacbar.org


www.sacbar.org | May/June 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

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FEATURE ARTICLE SECTIONS & AFFILIATES

Lauren Sorokolit Heather L. Rosingisis the

California Lawyers Barristers’ Association: The State Bar Club SectionsUpdate Reinvented

the Barristers’ Chair President of theMedia California and Associate CounselShe is Lawyers Association. Molina Healthcare, aatshareholder at Klinedinst Inc. Shecan canbe becontacted contactedat PC and at Lauren.Sorokolit@ hrosing@klinedinstlaw.com. molinahealthcare.com.

by Lauren Sorokolit by Heather L. Rosing

T

he long-standing State Bar of California “Sections” are now the first statewide, all-attorney bar association in California – the California Lawyers Association (CLA). CLA came into existence pursuant to Senate Bill (SB) 36, which was signed into law by Jerry Brown in late 2017. CLA’s mission is to promote excellence, diversity, and inclusion in the legal profession, and fairness in the administration of justice Barristers’ Steve Duvernay and the 2018 rule President, of law. Because the Section members transferred over to the new Barristers’ Update – members entity, CLA Club is already 60,000 Members Ratify New Board of strong. Once the ranks of the CaliforDirectors nia Young Lawyers Association (CYLA) November 9, 2017, CLA the BarrisareOn added to this number, will be ters’ held its bar annual voting social. the Club largest state association in the Members voted to ratify the new slate country. of board members and officer candiA nonprofit 501(c)(6), CLA is govdates. members participated ernedNumerous by a Board of Representatives, inwith the aelection carrying on the Barrisrepresentative from each Section ters’ Club’ s tradition of strong and one from the CYLA. Onmember January engagement. 18, 2018, CLA elected its first slate of The Barristers’ wouldaslike to officers: Heather Club L Rosing Presiwelcome its new officersasand board dent, Emilio Varanini Vice-Pres-

ident, Jim Hill as Chairman of the members: President: DuverBoard, Chip Wilkins Steve as Vice-Chairnay, Executive Vice-President: Katie man of the Board, Lee Berger as SecreNystrom, Vice-President of Programs: tary, and Betty Williams as Treasurer. Megan Sammut, Lauren Pam Wilson servesTreasurer: as the Interim ExCalnero, Secretary: Caroline Colangeecutive Director, and Tricia Horan is lo, Chair: Lauren theMembership Director of Operations. CLA Foust is curSorokolit, Immediate Past President: rently headquartered at the State Bar in Kurt Hendrickson, Board Members San Francisco and anticipates moving atitsLarge: Jeffrey Schaff, Kevin Khasimain operation to Sacramento. gian, Connor Olson, Jenni Harmon, and Weaver. THEJake HISTORY The Boarda of Directors The incoming Sections have long history would also like to take this opportunity of success, activity, and high quality toeducational thank our programming outgoing President, Kurt through the Hendrickson, for all his hard work and State Bar. SB 36, also known as the dedication to the the State Bar fee bill,improvement separated theof SecBarristers’ tions fromClub. the State Bar effective January 1, 2018, and gave CLA a mandate Introducing 2018 Barristers’ to provide low-cost and no-costClub legal President, Steve Duvernay education in return for the continued Steve of Duvernay hasState been atinclusion CLA on the Bar’an s dues torney withSince Benbrook Law the Group since statement. the split, State Bar 2013. Prior to that, he worked as an has transferred other professional asassociate at DLA Piper to andCLA. Klinedinst PC. sociation functions All memDuvernay both and apbers of thehandles Sections are trial automatically

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members of CLA and can continue to pellate work in state and federal court maintain membership in CLA through and focuses on constitutional, political, a simple payment on the State Bar’s and litigation.can Healso earned duescommercial statement. Attorneys join his J.D. from Notre Dame Law School CLA directly through CLA’s website at in 2007 and obtained his Bachelor of www.CAlawyers.org. Arts We degree from UC excited Berkeley. is are extremely thatHe CLA currently a Senior Research Fellow has officially launched, The State Bar is with the on California Constitution Center focused its regulatory mission, and at Berkeley Law, he Bar alsoAssociateaches CLA can now actwhere as a true advanced legal writing. tion that engages in a variety of activities Duvernay significant experithat were not brings possible in the State Bar ence to his role as Barristers’ Club Prescontext. While change is always diffiident, served in Legsevcult at having some level, thepreviously State Bar, the eral officer positions. As the 2018 Presislature, and the Sections worked very ident, his goal is to expand outreach well together to effectuate the transition to students CLA and is new to andlaw separation. off attorneys, and running develop to help in a veryeducational positive and programs exciting way. members hone critical skills as they transition into practice, and to continCLA’S DEDICATION ue networking opportunities TOproviding INNOVATION for the future leaders of and the local bar. CLA, its members, its many Duvernay’ s favorite event is volunteers are overBarristers’ four months into the Summer Associates Reception bethe work of building the organizacause it provides an initiatives. opportunity The for tion and devising law and is young lawyers mix CLAstudents leadership working withto Secwith judges and experienced attorneys tion members on enhancing the valin casual and learn secrets uea of the setting organization andthecreating of surviving a legal career. new platforms for dissemination of In his spare enjoys information. CLA,time, as a Steve bar associatraveling, rooting for the Kings tion, nowfitness, has the freedom to adopt and Notre Dame football, and spending innovative ways to engage its contime with his lazy dog Clarence. stituents, educate them on the latest developments and trends, and attract Upcoming and retain Events a diverse membership Barristers’ Club– has an arrayatof fromThe across the state including educational programming planned for torneys belonging to the Sacramento the first half 2018 so staynow tuned for County Bar ofAssociation, celedetails. Barristers’ brating The its 100th year.Club also looks forward to hosting social this “When we were partfunctions of the Calspring as well as the annual Summer ifornia Bar Association, we needed Associates July. We hope to ensure Reception all of our in communications to see you there! between members were carefully


event, the supervisors had not yet voted to approve funds for this program, which they eventually did.) Steinberg planned and organized to comply with was plaintive in his desire to combat Bagley-Keene open meeting rules. We the issue, even though it could be perlost theas impromptu informal ceived an issue thatnature wouldofnot neccollaboration, email threads, and imessarily be a “city” issue. At one point, promptu get-togethers,” said Jim Hill, Ruyak asked the audience to quickly Chairman of the Board.on“We tweet Steinberg’ s reply the can issuefreely of communicate among leadership and homelessness. He said, “I’ll be darned andthing havetoagrow flexible approach ifmembers I allow this without agto our strategic plan now that we are a gressive action.” separate the Stateturned Bar.” to Whenentity the from conversation Sacramento’s bid for a second Amazon CLARuyak FOCUS AND ACTIVITIES site, questioned the prioritizaThe organization’ s primary focus tion of the tech industry over others is simple: to promote and also asked about the professional the downside advancement and of attorsuch as rising rents education and the resulting neys practicing in California. today’s exodus of long-term residents.InRuyak competitive legal landscape, CLA offers and Steinberg had moments of levity a variety of resources and networking with regard to euphemisms for genopportunities, while strengthening feltrification, but finally, Steinberg called lowship throughout California’ s attorney it for what it is. He acknowledged the community. problem rising rents have caused, with CLA proud to offer signalong-time is residents beingseveral uprooted ture events. The first is the CLA Annual from neighborhoods, as well as changes Meeting, which is based on as thetrendy model that overcome neighborhoods built by the State Bar over many destore-fronts establish their presence in cades. The first CLA Annual Meeting the city. willWhen be in asked San Diego abouton theSeptember priority for14 and 15, 2018. The second Annual the arts, Steinberg gave it theCLA same priMeeting is anticipated to take place ority as sports and talked about var-in Monterey in the fall and of 2019. CLA’s viious improvements commitment sion is to create an environment the to the arts under his leadership.atHe Annual Meeting where allthe attorneys, bar was quick to promote Farm-toleaders, bar organizations, and judicial Fork movement in the region too and leaders are welcome and encouraged commented on the growth of that seg-to network andcity. participate in high-quality ment in the educational programming. the When asked about theCLA city’iss inratprocess of reviving the Bar Leaders Conings, Steinberg addressed the issue of ference, which is expectedper to premiere under-funded pensions CalPers’at the 2019 Annual Meeting. analysis of how much the city needs AnotherinCLA signature event is the to maintain reserve for pensions. It Small Firm and Solo Summit, was evident that Steinberg does not again fulmodeled on the eventofhosted ly agree with the successful math in terms how by the State Bar for many years. Anticmuch this would consume the city’s ipated to take placeand in June 2019,it this operational budget whether is event will offer a variety of critical even possible to get into positive pracrattice based management mixcity and ings on the tools, burdenCLEs, that the mingle opportunities, and more. It is a is expected to carry. rapidly for small The changing evening environment was an issue-laden, firms and solo practitioners, and CLA in-depth look at Steinberg’s leadership, is excited to renew the Summit as a rehis policies and areas of passion, as well source to this community.

Justice George Nicholson Retires Continued from page 12 the following comment, and decided to thought-out and sincerely held – even if In accordance with the CLA mis- for members, as well as the general publeave it in for one reason – there are prob- they differed a lot from my own. This – sion, the 16 Sections continue to reg- lic. CAlawyers.org already–features more what I have just described is something ably hundreds of people in this commuularly deliver 1,200 informanity who couldhigh-quality say the same programs, thing. And than of such greatpages valueoftoresources, our community of events, and resources. They are also tion on past meetings, and other it is high praise. There are many things diverse people (and to preserving valuit as continuously ways to membership of a community): the tools. ability Cognizant to discuss reabout which seeking Justice new Nicholson andex-I able pand offerings – helping need to maintainofa strong spectfully differences opinion,presence belief, likely its disagree – in law, politics,members etc. But I the maintain expertise in their fields, build through social media, each know that he and I (or anyone else in my perspective, and the like. CLA Section contacts, and discuss grow their whileit has On developed a many, social Imedia strategy stead) could thosepractice things, and behalf of express hope upholding ideals ofnot thealegal profesto connectofthe that the conclusion thisorganization chapter of would be the a dialogue, debate. The designed sion and justice theNicholson’ younger sgeneration lawyers Justice life will beofthe start dialogue wouldsystem. be civil, probably colle- with CLAtoisthe expandof particular. a new and productive time of scholargial.Another Each of priority us wouldforlisten other. in him. I would respectits that his views weretools well ship and service for Continued ing and refining communication on page 31

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DIVISION, SECTION, AND AFFILIATE NEWS

Heather Cline Hoganson is a past President of the SCBA, the 2018 Foundation Secretary, Recording Secretary, STMS, and Of Counsel, Simas & Associates. She can be contacted at heather. hoganson@att.net.

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: u Lawyer of the year, Real Estate Litigation,

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Sacramento County Public Law Library SCBA 2015

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he Saint Thomas More Society of Sacramento (STMS) is pleased to announce that our annual Fr. McDermott Award for Integrity will be presented to Father Tom Piquado, SJ, at our Annual Feast Day Reception, to be held at Blue Prynt restaurant (815 11th Street) on June 21, 2018, from 5:30-7:30pm. Tickets are open to all. Fr. Tom has earned the society’MAGAZINE s Integrity Award for his

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Sacramento’s St. Thomas More Society: Upcoming Feast Day Reception by Heather Cline Hoganson

pastoral work with diverse communities, including those within our own Sacramento metropolitan area, and his teaching within the Jesuit tradition. While Fr. Tom was born in Washington, D.C., by the end of high school, he was in Sacramento, graduating from what was then Bishop Armstrong (now known as Christian Brothers). He entered the Jesuits, training and later teaching in the Bay Area. He was ordained June 16, 1972, at St. Philomene’s Church in Sacramento, and taught at Jesuit High School from 1972-1979. From there he spent time in India, Jerusalem, and Bolivia as well as Hawaii and California’s own Santa Barbara, San Diego, and San Francisco. Returning to Sacramento in 2003, he was assigned to St. Ignatius Parish, where he remained until his partial retirement in 2014. He has been a consistent visiting priest for the St. Thomas More Society of Sacramento, performing well over a dozen masses over the last 10 years. The Fr. McDermott Award for Integrity is named for the late Rev. Charles Sylvester McDermott, former Vicar for Theological and Canonical Affairs for the Diocese of Sacramento, and a founding member of STMS. Fr. Sylvester served as the group’s unofficial chaplain and advisor for many years. The first award, recognizing persons of high integrity, was given in 2011 to Bishop Emeritus Francis A. Quinn. Over the years, both attorneys and religious have been awarded, including

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Sister Libby Fernandez (Loaves & Fishes), Sister Jeanne Felion (Stanford Settlement), Judge James Mize, and attorneys Ronald Blubaugh, Vicki Jacobs, and Paul Starkey. STMS celebrates its 32nd year of serving as a source of fellowship for local Catholic attorneys and a forum for interfaith understanding. Open to all, STMS offers a variety of events at an array of venues and times throughout the year. STMS became an affiliate of SCBA in 2005, and the officers and directors of STMS have been frequent sponsors of SCBA events, such as the annual Bench-Bar Reception, the District Attorney Candidate’s Forum, and many membership recruitment efforts. For questions or information about STMS, please email stms.sacramento@gmail.com or angelamlai@gmail.com. For tickets or sponsorships for the reception contact Mary Bressi at mhbressi@comcast.net, 916-716-7416. STMS 2018 Board President: Angela Lai Vice Presidents: Thomas Redmon (Membership) and Nora Quartuccio (Programs) Treasurer: Mary Bressi Recording Secretary: Heather Cline Hoganson Board Members: Christine Bologna and Plauché Villeré

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DIVISION, SECTION, AND AFFILIATE NEWS

SCBA Barristers Division Update A Successful February Mixer! In February, the Barristers’ Club joined the SCBA’s Probate and Estate Planning Law Section and Solo/Small Practice Division in hosting a mixer at 58 Degrees and Holding. Nearly 70 attorneys, representing a diverse background of practices, attended the event and were able to mingle while enjoying complimentary food and drinks. Valuable Insights at Bridging the Gap Seminar In late March, the Barristers’ Club hosted its annual Bridging the Gap seminar at Pacific McGeorge School of

Connor Olson is the 2018 Barristers’ Media Chair and practices litigation in the Sacramento region. He can be contacted at connor@ cannonolson.com.

by Connor Olson

Law. The event was well-attended by Barristers’ members, new practitioners, and even some Pacific McGeorge and UC Davis law students. U.S. District Court Judge Kimberly J. Mueller and Superior Court Judge James M. Mize graciously shared their time and important insights and anecdotes with attendees about best practices for ensuring a successful legal career. The judges addressed issues such as trial practice in Sacramento County Superior Court, federal court practice, and family law. The Barristers’ Club thanks Judge Mueller and Judge Mize for participating in this successful MCLE event.

Introducing Newest Barristers’ Club Board Member, Kate Wittlake

The Barristers’ Club board welcomes and is pleased to introduce Kate Wittlake as our newest board member. Kate is a graduate of U.C Davis Law and currently a second-year associate at Boutin Jones, practicing in its Health Care and General Litigation Departments. Kate joined Barristers’ Club to increase her involvement in the legal community and looks forward to assisting the board in planning fun and educational events for Sacramento’s young attorneys. Kate is originally from Walla Walla, Washington, but escaped the icy winters in favor of California. Since moving, Kate has enjoyed Sacramento’s offerings, including its proximity to both the beach, Lake Tahoe, and mountains. In addition to her service with the Barristers’ Club, Kate is also involved with Operation Protect and Defend and the Schwartz/Levi Inn of Court Program.

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1918~2018 CENTENNIAL | SACRAMENTO LAWYER | May/June 2018 | www.sacbar.org


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www.sacbar.org www.sacbar.org | January/February | May/June2018 2018| SACRAMENTO | SACRAMENTO LAWYER LAWYER | 1918~2018 | 1918~2018CENTENNIAL CENTENNIAL

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EVENTS

Dan Glass is the 2018 CCTLA Parliamentarian and its member on the SCBA Board of Directors. He can be contacted at dsglawyer@sbcglobal.net.

2018 State of the Sacramento County Superior Court (Civil Division) by Dan Glass

Assistant Presiding Judge David Abbott takes a question

On

March 23, 2018, the Capitol City Trial Lawyers Association (CCTLA) hosted an annual presentation by Presiding Judge David De Alba and Assistant Presiding Judge David Abbott at the SCBA office. The two jurists touched

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on the usual subjects: trials, settlement conferences, the daily running of the civil division of the Sacramento County judiciary, and the new courthouse to be built in the future. Sacramento County is considered a “medium” size county, not a Los Angeles

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | May/June 2018 | www.sacbar.org

or San Francisco, but also not Glenn or Yuba County. Although not back the pre-recession funding level, the court is doing well. The court has approval for 63 judicial officers, but only 61 positions are filled. The court has only one probate judge, but based on population, it could (should) have three. The good news for those who try civil cases is that Sacramento remains a court where it is highly likely you get a judge and courtroom on the date set for trial. Judge De Alba, like his predecessors over the past five years, makes it a priority not to have the litigants show up for the first day of trial only to find themselves “continued” to some future date months away. There is some “trailing” of cases for a day or two, but the Sacramento court remains one where there is better than a 95% - 98% chance of getting to trial on the date set - so be prepared. Judge De Alba wondered why cases were only set for trials to commence


on Mondays or Tuesdays. The judges are investigating whether it would be workable to have cases set to commence trial on other days of the week. Judge De Alba stressed that Department 47 will not accept ex-parte requests to continue trial for cases set for trial eight or more weeks out. Those requests for a continuance will be placed on the normal motion calendar of the court. The court has been reducing the ±1,700 stale cases in the system, and this remains a priority for Judges De Alba and Abbott. They are reviewing the cases and issuing Orders to Show Cause to determine the status of the cases. The backlog has been reduced to less than 600. Finally, with regard to that new courthouse that every Presiding Judge has worked so hard to make happen, Sacramento County was one of five counties in the state’s budget for courthouses. One way to get the construction moving has become the issuance of Lease Revenue Bonds for financing. Sacramento County has acquired the land and has completed plans. However, even if everything goes as planned, it is likely that a new courthouse will not become a reality until 2022 - which really is not that far away.

SCBA Birthay Party

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(916) 515-8442 or VanCampADR.com www.sacbar.org | May/June 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

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AI FEATURE

Brandon Jack is a

ROSS – The “On-Demand Research Associate” by Brandon Jack

R

OSS is an artificially intelligent legal research software system that searches an extensive database of case law at the push of a button. ROSS reads through and answers almost any legal question posed by the user. The user asks a question and the software scours through millions of cases and statutes to find the best authorities on the issue. Additionally, the Natural Language Processing (NLP) technology used by the ROSS system allows the user to pose research questions in plain English and will give the user the detailed answers he or she needs. The ROSS system keeps track of the user’s questions and is always learning, which keeps the law it provides as up to date as possible. The system also allows the user to request legal memoranda to obtain a comprehensive overview of the legal issues involved, as well as check the work of other users who researched the same question. The

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law student at the University of the Pacific, McGeorge School of Law. He can be contacted at b_jack1@u.pacific.edu.

system can also extract key points of law from multiple parts of the case and provide the user with an overview of what types of analyses are discussed within the case, as well as highlight the most important passages from the judicial opinions. The creator of ROSS, Andrew Arruda, and his team of developers created a legal research system to provide attorneys with an AI tool that potentially can cut thousands of hours of their research time, in turn allowing attorneys to direct their efforts to more important tasks. The system has been fully launched and includes judicial opinions and other legal writings for the fields of bankruptcy, intellectual property, and employment law. The ROSS team projects that it will be expanding into other fields of law in the future. ROSS is available to all attorneys for a monthly subscription.

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | May/June 2018 | www.sacbar.org


JUDICATE WEST CONGRATULATES THE SCBA FOR 100 YEARS OF ACCOMPLISHMENTS We are proud to serve and support the Sacramento legal community.

Alan R. Berkowitz, Esq.

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COVER STORY

The SCBA’s Centennial Celebration Begins as Justice Kennedy Receives the Inaugural SCBA Anthony M. Kennedy Lifetime Achievement Award.

On

April 10th, the SCBA officially began the celebration of its 100-year anniversary with its Centennial Reception, held at the Arden Hills Resort. SCBA President Sil Reggiardo opened the event by extending the SCBA’s welcome to all guests,

including Justice Anthony M. Kennedy and his wife, Mary Kennedy. The pledge of allegiance was recited, and all current and retired judges stood and were recognized. After SCBA Executive Director Mary Burroughs led a champagne toast, lunch was served.

John Hamlyn introduced his childhood friend and Sacramento’s alumnus, Justice Kennedy. Reggiardo and Burroughs presented Justice Kennedy with the inaugural award which bears his name, the Anthony M. Kennedy Lifetime Achievement Award. Justice

Mary Kennedy, Justice Kennedy, SCBA President Sil Reggiardo, and Ninth Circuit Judge Connie Callahan chat around a table with the SCBA’s first official 1918 minutes and a photo of Justice Kennedy’s father, Anthony J. Kennedy, SCBA President in 1956

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1918~2018 CENTENNIAL | SACRAMENTO LAWYER | May/June 2018 | www.sacbar.org


Before the Centennial Celebration begins, Justice Kennedy speaks with SCBA 2nd Vice President Shanae Buffington, SCBA Secretary/Treasurer Trevor Carson, Sacramento Lawyer Editor Betsy Kimball, SCBA President Sil Reggiardo, and Justice Art Scotland (ret.)

Kennedy accepted graciously. He reminisced about working in his father’s law office as a child. He described how collegially law was practiced in Sacramento when he returned in 1963 to take over his recently deceased father’s practice – lawyers helping each other and doing the right thing. He noted that the bar was “an old boy network, literally and figuratively,” but that it “had to change.” He mentioned that, when he started teaching at McGeorge in the mid-60’s, there were three or four women in a class of about 80, and he commented about how he watched that change. The profession, he said, “must always aspire to be inclusive.” Justice Kennedy moved into his keynote address. He spoke of the common language of law as a civic and cultural resource and stressed the importance of dialogue that is neither self-centered nor divisive. Democracy assumes consensus. He warned that “the verdict on freedom is out around the world” and noted briefly the puz-

Justice and Mary Kennedy with SCBA Executive Director Mary Burroughs

zlement of those who look to us as an example of freedom. Justice Kennedy then turned to his chief topic, the rule of law. He told of

a meeting with eight judges, each from a different Eastern European country. One jurist told him, “The rule of law is slipping away, and no one seems

The Award, the June 1918 first official minutes of the SCBA, a photograph of SCBA 1956 President Anthony J. Kennedy www.sacbar.org | May/June 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

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COVER STORY

SCBA Executive Director prepares to lead the toast

SCBA President Sil Reggiardo describes the Anthony M. Kennedy Lifetime Achievement Award

to care.” He recalled addressing 1500 young people in China, when one asked him, “What does the rule of law mean?” He implied that he was not completely prepared to answer her, but offered up a response that he has since refined into the rule of law as he now defines it: “1. The Law is superior to the government, and it binds the government and all officials to its precepts. 2. The Law must respect and preserve the dignity, equality, and human rights of all persons. To these ends

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Justice Kennedy accepts the SCBA’s Anthony M. Kennedy Lifetime Achievement Award from SCBA President Sil Reggiardo and SCBA Executive Director Mary Burroughs

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | May/June 2018 | www.sacbar.org


Justice Kennedy addresses the Centennial Celebration audience assembled to honor him

Justice Kennedy with Gary Lindsey and Justin Ward

Justice Kennedy and Judge Kevin Culhane – both long time professors at Pacific McGeorge Justice Kennedy talks about the Constitution of the United States with Sasha Collins and her son, Jack

the Law must establish and guard the constitutional structures necessary to build a free society in which all citizens have a meaningful voice in shaping and enacting the rules that govern them.

Presiding Justice Vance Raye prepares to lead the pledge of allegiance

3. The Law must devise and maintain systems to advise all persons of their rights, and it must empower them to fulfill just expectations and to seek redress of grievances without fear of penalty or retaliation.”

Emerald Sponsor Gavrilov & Brooks’ lawyers enjoying the event

Justice Kennedy’s address was at once a reflection on his exceptional career and an exhortation to the judges and lawyers in the room as the keepers of the rule of law.

www.sacbar.org | May/June 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

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VLSP

New Pro Bono Initiatives: We Need You!

Vicki Jacobs is the Managing Attorney of the Voluntary Legal Services Program. She can be contacted at vjacobs@vlsp.

by Vicki Jacobs

A possible foray into Family Law (gulp) Managing a pro bono legal aid office requires two main things: low income clients seeking help and volunteer attorneys willing to provide that help. Coordinating the two in order to provide meaningful pro bono opportunities for our volunteers and needed high quality services to our clients is the mission of the Voluntary Legal Services Program. In the 17 years I have been VLSP’s Managing Attorney, we have seen the type of services our low income clients seek reflect the economy. During the “Great Recession” starting in late 2007, client demand for help with such matters as unemployment insurance appeals and Chapter 7 bankruptcies was extremely high. Even though coordinating volunteers and clients for a clinic is very time consuming for staff, the demand justified holding many clinics to serve our clients. Because our economy has improved since that time, the demand for these services has stabilized to a more reasonable amount. We are likely to hold fewer clinics addressed to these legal problems and, instead, have more one on one service provided by our volunteers during daytime or evening hours. This change should result in some additional resources to assist clients with other legal problems. One area of law where low income client demand is quite stable, regardless of the state of our economy, is family law. While VLSP used to provide free legal services with family law through a weekly legal clinic and referral of clients to attorneys for direct representation, with the implementation of the Family Law Facilitator’s Office throughout California, and the courts’ greater direct involvement with access to justice issues that emphasize family law, the staff at VLSP decided to discontinue these services. It had also been difficult to maintain a large enough volunteer panel of family law attorneys to maintain the clinic and pro bono referrals to private practitioners. Despite the fact that VLSP has not offered these services for years, prospective clients continue to contact us seeking help. Because of this demand, the staff at VLSP is looking at offering pro bono family law services again. To offer these services, we would like to hire an experienced family law paralegal and, hopefully, a part-time staff attorney. Before we do that, however, we need to gauge the interest of the

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Sacramento area legal community in becoming pro bono volunteers in family law through VLSP. If you have some family law experience and are interested in helping, we need to hear from you. Without a critical mass of volunteers, it will not be feasible for VLSP to reenter this area of law. Please do not refer family law clients to us until we have made an announcement that we are helping with such cases. We anticipate, at first, that the services will consist of telephone and in person advice and assistance with the completion of forms. This would not be a clinic per se; instead, we would have volunteers schedule time to come to our office during the work day, or possibly the evening, to assist our clients. If enough attorneys are willing to do a two-hour shift at least four times a year, it would be a wonderful start. If you are an attorney with family law experience who would like to talk about volunteering with us, please email us at vlsp@vlsp.org. VLSP on the road In an effort to make our services more readily available to our clients, some of whom have limited transportation, VLSP is looking to take two of our existing clinics “on the road” to locations throughout Sacramento, Yolo, Placer, and El Dorado counties. In particular, we would appreciate any assistance the legal community can provide in alerting us to possible locations where a clinic serving low income clients might be held. We are thinking of senior centers, community centers, churches, nonprofits, and the like. We need some space, parking and a photocopier we can use. In particular, we would like to take our Debt Collection Defense & Bankruptcy Clinic, as well as our Estate Planning Clinic, out into the community. The first clinic advises clients about all kinds of issues involving debts, including credit report errors and identity theft. The volunteers at that clinic evaluate many clients’ financial status to determine whether filing a Chapter 7 bankruptcy is advisable. If so, we help them file the necessary paperwork. The Estate Planning Clinic informs clients about basic estate planning issues and assists in the preparation of a Will, Advance Health Care Directive, and a Power of Attorney document for each client. If you have any ideas of venues for these two clinics, please contact us at vlsp@vlsp.org.

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | May/June 2018 | www.sacbar.org


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

DIVISION, SECTION, AND AFFILIATE NEWS

WMBA Reaches out to Sacramento-Area Law Students by Maureen C. Onyeagbako

Law students seek advice from WMBA members at workshop

S

tepping up its outreach to local law students, the Wiley W. Manuel Bar Association (WMBA) recently held events to facilitate job-search training and mentorship. As WMBA President Adrian Carpenter sees it, attorneys “sometimes forget how much support we needed when we were in law school. One of my goals . . . is to offer guidance to our future lawyers within the Sacramento community.” So, on January 20, 2018, WMBA hosted its first annual resumé and mock interview workshop at the Wilke Fleury law firm. Local attorneys and students met over a light breakfast to discuss a variety of topics related to legal careers. For example, Pacific McGeorge Adjunct Professor Wanda Hill Rouzan shared advice on navigating law school and the bar exam. Carpenter, who is Deputy Legal Affairs Secretary in the Governor’s Office, spoke of scholarship opportunities and encouraged students to take advantage of the mentors available within WMBA. Next, students dressed in business-attire met individually with attor-

WMBA President Adrian Carpenter speaks about scholarship opportunities at workshop

neys for mock interviews and resumé critiques. Carmen-Nicole Cox, Chief of the Office of Legislation at the Department of Corrections and Rehabilitation, served as an advisor and found that students did not fully appreciate how their prior work history provided them with transferable skills. She focused her critiques on helping stu-

dents understand what they have to offer and communicating that in resumés and interviews. After the breakout sessions, the group reconvened to meet with Presiding Justice of the Third District Court of Appeal, Vance W. Raye. Justice Raye commended the students Continued on page 31

WMBA board members welcome attendees at First Saturday Brunch www.sacbar.org | May/June 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

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DIVISION, SECTION, AND AFFILIATE NEWS

Photo by Cecilia Rainey

Public Law Section Embarks on New Laws and Legal Frontiers by Alison Leary

Katharine Killeen, Raiyn Bain-Moore, and Tim Cromartie speak about public agency roles and regulations concerning drones

T

he Public Law Section continues to feature presentations on new developments in the law. Recently, the section delivered a novel MCLE program on aerial drones. Katharine Killeen, a Senior Attorney at the California Department of Water Resources, spoke about public agency interest in

the deployment of Unmanned Aircraft Systems (UAS), the Federal Aviation Administration regulatory framework, state legislation, and a public agency approach to policy, procedures, implementation, and compliance. Raiyn Bain-Moore, a Deputy State Attorney at CalTrans Division of Aeronautics,

Madeline Davis (1940-2018) The SCBA notes with regret the passing of Madeline Davis, the Probate and Estate Planning Law Section’s 2017 Jean McAvoy Award recipient.

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1918~2018 CENTENNIAL | SACRAMENTO LAWYER | May/June 2018 | www.sacbar.org

Alison Leary is Deputy General Counsel, League of California Cities. She can be contacted at aleary@cacities.org.

addressed beneficial uses, restrictions surrounding drones, and guidance to public entities. Tim Cromartie, then a Legislative Representative for the League of California Cities, explained local regulatory frameworks and offered perspectives and guidelines for local regulations. In February 2018, the section again kicked off the calendar year with a legislative update of new laws impacting public agencies. Ashley E. Zambrano, who is an associate at Best Best & Krieger LLP, gave an insightful rundown of laws that impact a wide range of public law practice. Whether dealing with requirements or restrictions pertaining to public facilities, elections, transportation funding, post-government employment, public records, or a ban on asking about a job applicant’s salary history, there were topics of diverse practical value to the many attendees. Thanks to Downey Brand and Best Best & Krieger for hosting these programs. The section looks forward to many more programs during this remarkable Centennial Year of the SCBA.


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SCBA NEWS

T

BA R

Jeff Edwards is the Foundation Treasurer and

FO

TO C O

D AT

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EN

ION

SA

C

R EST.1918

EST.1986

Foundation Mission The Sacramento County Bar Foundation is a 501(c) (3) non-profit California corporation supporting programs that improve the administration of justice, enhance public confidence in the legal profession, cultivate understanding of, and respect for, the rule of law and support law-related public services. To further these objectives, the Foundation provides financial support for non-profit organizations that have a significant relation to the Sacramento Community and contribute to the quality and accessibility of justice, the honor and integrity of the legal profession and civic education.

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a senior associate at Mastagni Holstedt. He can be contacted at contacted at jedwards@mastagni.com.‎ Heather Cline Hoganson is a past President of the SCBA, the 2018 Foundation Secretary, Recording Secretary, STMS, and Of Counsel, Simas & Associates. She can be contacted at heather.hoganson@att.net.

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N

Y

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U

A Rose by Any Other Name: Sacramento Law Foundation Switches Name Back to Sacramento County Bar Association Foundation by Jeff Edwards and Heather Cline Hoganson

In

1986, the Sacramento County Bar Association Foundation was created to be the “charitable arm” of the Sacramento County Bar Association (SCBA), although it is a separate and distinct 501(c)(3) non-profit organization. Its formation responded to an identified need: Sacramento community groups were submitting requests to SCBA for money to support various projects and programs. Since SCBA dues were earmarked for member services and the support personnel of the SCBA office, the SCBA was forced to turn down these requests. Therefore a separate and distinct non-profit entity – a foundation – was envisioned to which the community could submit those requests. Donations from the legal community could be directly given to a foundation and requests for monetary support for programs would be submitted directly. After much hard work from SCBA members, the Foundation emerged and began a history of providing grants to organizations in the Sacramento region under its mission to improve the administration of justice, enhance public confidence in the legal profession, cultivate understanding of and respect for the rule of law, and support law-related public services.

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | May/June 2018 | www.sacbar.org

In 2005, the name was changed to the Sacramento Law Foundation to limit confusion with the SCBA itself. But enough confusion remained that the Board decided in 2017 to return to the original name and use the SCBA’s reputable “brand” to better market itself in the community. A new logo has been approved that is a complement to the SCBA logo. The SCBA has continued its support of the Foundation through allowing use of its facilities for meetings or functions, assigning part of its support staff to provide administrative help, and allowing for donations to be directed to the Foundation on the yearly SCBA dues forms. Many SCBA officers and board members have also served on the Foundation board over the years. The SCBA’s Pro Bono committee has also worked hard on A Party for a Cause – A Celebration of Pro Bono, where the Foundation’s Access to Justice scholarship has been awarded. Various programs have benefited from Foundation grants, which are awarded to applicants with established 501(c)(3) programs which meet the Foundation’s mission (see sidebar). Grants were also awarded to programs working to improve and enhance civ-


ic education including access to justice and confidence in the legal profession and rule of law. Beginning in 1987, the Foundation contributed $5000 in seed money toward the fledgling Sacramento Neighborhood Mediation Center. Through the early years, various moot court programs for high school students as well as the Open Doors to Federal Courts youth program, were awarded grants. As giving continued, additional programs received grants, including the Tommy Clinkenbeard Legal Clinic at Loaves and Fishes, Sacramento Child Advocates, and the Voluntary Legal Services Legal Program. More recently, the Foundation has given the following grant awards: · Women Escaping A Violent Environment, Inc. (WEAVE): $5,000 grant to fund training for legal volunteers, · California Rural Legal Assistance Foundation: $7,500 grant to support lawyers providing pro bono assistance to its Sacramento Valley Citizenship Campaign, · Rio Americano High School CIVITAS Academy: $1,000 grant to support its four-year program of political studies, which provides students with advanced and specialized learning in the social sciences and an enriched sense of citizenship, and · Operation Protect and Defend: $1,000 to to support its annual Law Day festivities, which honors students from local high schools for their achievements in OPD’s classroom dialogues, Story of America Essay Contest, and Modern Masters of Art Contest. In Spring 2016, the Foundation gave out grants to Sacramento Court Appointed Special Advocates (CASA) to help fund an advocate in its “Promising Futures” project, which helps youth transitioning out of the foster care system without a family in place; and a

Sacramento County Bar Foundation President Ed Brooks (right), and Sacramento County Bar Association President Sil Reggiardo are excited to have the organizations work together on expanding current and future giving programs

grant to Florin High School LAW Academy to support a portion of the costs of its Summer Institute in Energy, Law and Policy. In 2017, the Foundation awarded $5,000 to the California Rural Legal Assistance Foundation to provide partial funding for CRLAF’s the Rapid Response Family Preparedness Project. This program provides “know your rights” information and pro per assistance to immigrant and mixed status families to ensure their children are legally protected if their primary caregiver is detained by immigration authorities. To fund the grant programs over years, many readers may have fond memories of Foundation crab feeds or the many auctions that have been conducted at SCBA activities, such as the annual Bench-Bar Reception. The line item on SCBA applications and dues renewals has also made giving easy for members. The Foundation Board for 2018 consists of · President: Ed Brooks · Vice President: Steve Duvernay · Treasurer (CFO): Jeff Edwards · Secretary: Heather Cline Hoganson

· Members-at-Large: Monica Baumann, Tashayla Billington, Bryan Hawkins, Jason Jasmine, Sean McCoy, and Justin Ward · The SCBA 2nd Vice President and Secretary/Treasurer are automatic members of the Foundation Board: Shanae Buffington and Trevor Carson, respectively. SCBA’s Executive Director, Mary Burroughs, is also Executive Director for the Foundation. A “working board,” its members not only consider grant and scholarship applications, but also take a direct and active role in organizing and executing their fund-raising efforts. The Foundation Board also encourages non-lawyers to be on its board to reflect the diversity of professions which interact with the legal community which are included in the community at large. Please keep an eye out for upcoming Foundation fundraisers, and if you – or a client – is looking for a place to donate some money, either right now or as a legacy gift or bequest, please contact Executive Director Mary Burroughs at (916) 564-3780 or email mburroughs@sacbar.org.

www.sacbar.org | May/June 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

27


DIVISION, SECTION, AND AFFILIATE NEWS

Myrlys L. Stockdale is the 2018 Board Secretary for the WMBA and is Assistant Chief Counsel, Department of Consumer Affairs. She can be contacted at myrlys.stockdale@dca.ca.gov.

WMBA Donates More than 100 Books to Juvenile Hall Following Annual Book Drive by Myrlys L. Stockdale

Judge Bunmi Awoniyi addresses the audience at Underground Books about the importance of books during the WMBA Book Drive

T

he Wiley W. Manuel Bar Association (WMBA) added more than 100 books to Sacramento County Juvenile Hall’s library shelves. On February 28, 2018, in celebration of Black History Month, WMBA hosted its annual book drive for the benefit of Sacramento’s Juvenile Hall Library. Sacramento Superior Court Judge Bunmi Awoniyi spoke at the event which was held at Underground Books in Oak Park. Judge Awoniyi shared her powerful stories of reading the classics – and even the dictionary – to enhance her mastery of the English language. Are there really teenagers who opt for books over social media? Yes: the 140 teenagers who reside in Juvenile Hall. According to Nicole De La Riva,

28

the Juvenile Hall librarian, when social media is taken away from kids and you put a book in their hand, they will read. Many of the kids read three books a

week. “They like to read in their rooms at night,“ De La Riva explained. “They do a lot of self-reflection; some have had traumatic experiences and the books are an escape.” With respect to the African-American residents, De La Riva said they love to read books they can identify with, and they are actually interested in the book. “It keeps them going because it is an escape for these kids.” WMBA member June Powells-Mays organized the first book drive in 2013 when she received a request from the probation department for book donations. She recalled that, “I immediately thought about the disproportionate number of African-American youth housed at the Detention Center and wondered if they had any books they could relate to and be inspired by.” According to Powells-Mays, she “also thought about the power of

Judge Bunmi Awoniyi (center) with WMBA Board members at the WMBA Annual Book Drive

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | May/June 2018 | www.sacbar.org


before her elevation in 1980 to the Court Appeal, Third Dis-“ tive andofproductive lives Appellate upon release. trict.Adrian While Carpenter, working to WMBA’ supports hercurself during college and Annual law school, rent president, said the Book Drive has become a part of the orgaCarr worked as a welder, a nightclub nization’ s DNA. “Our themeannouncthis year photographer, and a radio is our member local legacy” and er. “preserving As a founding of Womwith that theme we continue en Lawyers of Sacramento, oneon of the traditions make ourwas organization highlights that of Carr’ s year when she great. Community outswore in the new WLS board where court justice in the state. Two years reach is that suchmembers a huge she always admonished before retiring for health reasons, Adpart of our legacy strive to eliminate discrimination and evams became the first woman to sit pro the Annual Book room Drive erywhere, including the hearing tem on the California Supreme Court allows usCommittee. to continue of the Senate Judiciary (Gardner v. Jonathon Club (1950) 35 giving to the youthand of Amazing women attorneys Cal.2d 343). She remained the only Sacramento.” jurists continue to work in Sacrafemale to serve as an appellate court De La Riva instimento, striving for justice while atjustice in California until Mildred L. tuted a program where tempting to shatter expectations and Lille was named associate justice to a child receives a free glass ceilings. The new Third District the Second District in 1958. book for every five Historical Society hopes to share the In December 1975, Frances books read. She shared stories of these remarkable women Newell Carr became the first woman a story of one child who and all the many legal communities, to be appointed to the bench of the earned four books after personalities, and issues that shaped Superior Court, Sacramento County. Chief Probation Officer Lee Seale purchasing books from reading 20 books, and Underground Books Georgia ”Mother our Rose” West of California. corner She also served asManager its presiding judge he told her those were former California Supreme Court Justice W. Preston. they booksJohn to transport you Together, from wherever secured payments from oil companies you are to wherever you want to be, that drilled and on federal lands both literally figuratively. Myunder hope was that by leases readingrelated books to donated by fraudulent the TeaWMBA, youth Inat1942, the Detention pot Domethe Scandal. Governor Center would encouraged to see Culbert Olsonbenamed Adams as bethe yond theirJustice current and Presiding of circumstances the Third District, be inspired to live posimaking her and the equipped first female appellate

as WMBA members look on

Sources: •

Barbara Babcock, Woman Lawyer: The Trials of Clara Foltz (2011)

Elaine Connolly and Dian Self, Capital Women: An Interpretive History of Women in Sacramento, 1850-1920 (1995)

Shama Mesiwala, “First All-Female

ChiefPanel Probation Officer at Leethe Seale with ApConvened Third WMBA 2018 President Adrian Carpenter pellate District,” Sacramento Law-

pages 14-23, the yer only(July/Aug books he 2012) has ever earned. 34. <http://www.sacbar.org/assets/ Every child leaves the Juvenile Hall withlaw_julaug_2012.pdf> a library card thanks(astoofanNov. ar14, 2017) rangement made with the Sacramento Public Library. • Walter G. Reed, History of SacraAccording to De La Riva, they mento County California (1923) “cannot survive without donations because we are not inAnnette the County’ s bud• Louise Steiner, Abbott Adget.”ams: Book lovers interested in donatCalifornia’s First Lady of Law ing (1972) books may contact De La Riva at <http://csus-dspace.calstate. (DeLaRivaN@SacCounty.Net), edu/handle/10211.9/1550>and (as she of will Nov. work14,with you to make arrange2017) ments to receive the donation.

QUESTION EVERYTHING Are you asking the right questions? After 60 years in business, we have the answers: pearlinsurance.com/SacBar For more information, contact Christine Blackstun 855.465.0199 | christine.blackstun@pearlinsurance.com

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29 31


DIVISION, SECTION, AND AFFILIATE NEWS

George Acero is the 2018 President of the Cruz Reynoso Bar Association and the principal of Acero Law. He can be contacted at gacerolaw@outlook.com.

Cruz Reynoso Bar Association Salutes Presiding Judge David De Alba by George Acero

Judge De Alba addresses the crowd after receiving the resolution from the California Latino Legislative Caucus

M

embers of the Sacramento legal community recently gathered at the Cruz Reynoso Bar Association’s event to honor Judge David De Alba on his election as Presiding Judge of the Sacramento County Superior Court. In attendance were several judges of the Sacramento County Superior Court as well as leaders of the Unity Bar and Sacramento County Bar Association. Judge De Alba attended UC Berkeley for his undergraduate studies and law school at UCLA. During law school, he clerked for the Honorable

Justice Cruz Reynoso at the California Court of Appeal, Third Appellate District. After graduating, Judge De Alba then spent 22 years working for the California Attorney General’s Office (AGO), in various capacities including serving as a Special Assistant to Attorney General Bill Lockyer. During his years with the AGO, Judge De Alba became an exceptional litigator, arguing several cases before the Supreme Court of California. He was appointed to the Sacramento Bench in August 2001 by Governor

CRBA Board Member Jesse Rivera, Retired California Supreme Court Justice Cruz Reynoso, Sacramento County Superior Court Presiding Judge David De Alba, Co-founder of the Unity Bar/CRBA Board Member Luis Cespedes, and CRBA President George Acero

30

Gray Davis. Judge De Alba served as Assistant Presiding Judge from January 2016 to December 2017 and presided over the Civil Division. He also served prior assignments in juvenile court, felony home courts, probate division, and general trials. Judge De Alba has received various accolades throughout his career, including being appointed to the Judicial Council by Chief Justice of California Tani Cantil-Sakauye and being named Judge of the Year, by the Sacramento County Bar Association in 2011 and by the Capitol City Trial Lawyers Association in 2016. Several of Judge De Alba’s colleagues, including Retired Supreme Court Justice Cruz Reynoso and U.S. District Judge Troy Nunley, spoke at the reception to give testament to Judge De Alba’s achievements. He also received a resolution issued the California Latino Legislative Caucus for his years of service and civic engagement. The Cruz Reynoso Bar Association congratulates Judge De Alba for his appointment as Presiding Judge and wishes him continued success.

Retired California Supreme Court Justice Cruz Reynoso, CRBA President George Acero, Sacramento County Superior Court Presiding Judge David De Alba, Sacramento County Superior Court Judge Emily Vasquez, and United States District Court Judge Troy Nunley

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | May/June 2018 | www.sacbar.org


California Lawyers Association: The State Bar Sections Reinvented Continued from page 9 Finally, CLA members should keep their eyes out for a variety of organization-wide initiatives in the areas of diversity, pro bono opportunities, bar collaboration, support of the judiciary, and advocacy at the Capitol. CLA is fortunate to have the members, volunteers, staff, and resources to make a substantial impact in California on cutting edge issues. MAINTAINING AND BUILDING CLOSE RELATIONSHIPS The CLA Board of Representatives has made working with the State Bar a priority. In particular, the State Bar and CLA have a shared interest in educating attorneys, developing young lawyers, providing the highest quality legal services, promoting diversity in the legal profession, and protecting the public. One of CLA signature initiatives is bar collaboration, which involves bringing together bar associations, affinity organizations, and bar leaders across the state to discuss points of common interest, joint networking events, joint educational programming, and more. CLA is excited to continue to foster these relationships, including a relationship with the Sacramento County Bar Association. CLA is also engaging in dialogue with other legally related groups and agencies across the state, in an effort to foster relationships that will assist CLA in achieving its mission and serve the profession of law.

WMBA Reaches out to Sacramento-Area Law Students Continued from page 23 on investing in their careers by attending the workshop and reminded them that the job market is a buyer’s market. Thus, resumés should reflect the care and attention the students would put into the job they are applying for. Following up on the theme of care and attention, wardrobe stylist Chantera Gunn presented on dressing professionally and doing so on a budget. In all, the event helped alleviate some of the anxiety that comes with any job search. WMBA’s outreach efforts continued in February, with a First Saturday Brunch at a local attorney’s home. Law students were treated to beautiful weather, great food, and direct access to attorneys at all stages of their careers. WMBA understands that students may find it difficult to identify and reach out to potential mentors. This intimate and informal gathering brought potential mentors to the students and also facilitated interaction with students from different law schools. Students left the brunch energized and reassured that they have support and guidance throughout their legal journeys. WMBA plans to keep this momentum going and will hold additional events throughout the year. Join us.

ALTERNATIVE DISPUTE RESOLUTION CALIFORNIAOF YOUNG LAWYERS ASSOCIATION BUSINESS DISPUTES (CYLA) HAS A NEW HOME, TOO The future of the legal profession in California is in very Ken good hands withMalovos CYLA. All California licensed lawyers 36 Mediator years old or admitted to practice for five years or less are Arbitrator automatically members of CYLA. The CYLA leadership and volunteers will continue to offer younger lawyers and new Referee practitioners the best opportunities for involvement in the legal profession, as well River as participation in public service at the 3620 American Dr. Suite 260 state and local levels. Sacramento, CA 95864 CYLA is also developing a program to appoint liaisons to each of(916) the CLA974-8600 Sections, to enhance the dialogue between CYLA and the Section membership. The Sections are very interested in cultivating young attorneysBusiness, and providing mentorship. Commercial, CLA’s heavy investment in CYLA will ensure that theseand future Construction Claims leaders will have access to expanded educational programs, as Defects, Employment, well as enhanced networking and advancement opportunities. Insurance, Intellectual CLA encourages all attorneys Property, and legalMalpractice, professionals in California to consider joining andProbate, taking Product advantage of not Liability only all of the benefits and educational opportunities, but and Real Estate Disputes.the energy and enthusiasm inherent in building a new and influential statewide Bar Association. Calendar and further information online at: You can learn more by visitingwww.malovoslaw.com. CAlawyers.org or contacting the CLA at 415.795.7029. www.sacbar.org | January/February www.sacbar.org | May/June 2018 || SACRAMENTO SACRAMENTO LAWYER LAWYER| |1918~2018 1918~2018CENTENNIAL CENTENNIAL

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21 31


EVENTS

RETIREMENTS Justice George Nicholson photos by Angelo DeSantis

Assemblyman Ken Cooley presents a resolution to Justice Nicholson

Chief Justice of California Tani Cantil-Sakauye

Artwork by Terry Fanigan

F

riends, family, and colleagues of Justice George Nicholson (ret.) met for dinner on April 12th, at the North Ridge Country Club, to celebrate the man and his distinguished career. Justice Anthony Kennedy (by video), Third District Presiding Justice Vance Raye, Chief Justice of California Tani Cantil-Sakauye, Jerry Chong, Fern Latham, and several of Justice Nicholson’s grandchildren offered their praise, humor, and best wishes. The emcee, Justice Art Scotland (ret.), read several letters of congratulations. Justice Nicholson talked baseball history, danced with his wife, Brenda, and offered his reflections. “Don’t cry because it’s over. Smile because it happened.” Dr. Seuss.

32

Fifth District Court of Appeal Justice Chuck Poochigian, Third District Court of Appeal Justice Harry Hull, and California Supreme Court Justice Ming Chin

Scott Cameron, Justice Nicholson, and Ninth Circuit Court of Appeals Judge Connie Callahan

Baseball – Justice Nicholson’s passion – was a theme of the evening, with Branch B. Rickey, President of the Pacific Coast League and grandson of major league baseball legend Branch Rickey, presenting Jackie Robinson commemorative bats to speakers and guests

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | May/June 2018 | www.sacbar.org


CELEBRATED Ellen Taylor – California Lawyers for the Arts llen Taylor celebrated her retirement as Associate Director of California Lawyers for the Arts on March 1, 2018, at the Fox & Goose. On Ellen’s watch, CLA accomplished many things – to name but a few – it designed and implemented the Youth Mediators in Schools program to teach middle school students a peaceful and productive approach to resolving conflict with others, and it took over the operation and built up the Sacramento Mediation Center. Job well done.

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June

Lunch and Learn Judges Series

Judges Series TOPIC:

“Representing Consumer And Creditor Clients In State And Federal Courts.”

SPEAKER:

DATE: Friday

June 15, 2018 TIME:

Registration and Buffet Lunch Starts at 11:40 a.m. Presentation:

12:00 p.m. – 1:00 p.m.

PLACE: SCBA Event Center

425 University Ave, Suite 120 Sacramento, CA 95825

Honorable Ronald H. Sargis The Honorable Ronald H. Sargis was appointed to the bankruptcy bench in the Eastern District of California on January 14, 2010. He was appointed the Chief Judge of the Bankruptcy Court for the Eastern District of California on October 1, 2015. He has served as a member of a bankruptcy appellate panel, two terms on the Ninth Circuit annual case update committee, and is now serving as a member of the California– Federal Judicial Council. Judge Sargis is a member of the National Conference of Bankruptcy Judges, currently serving as a member of the Conference’s legislative committee. Since 2014 Judge Sargis has been an adjunct professor at the University of Pacific McGeorge School of Law, co-teaching the introductory bankruptcy course.

Reservations must be received by 5:00 pm June 13, 2018

PRICING INFORMATION $35 SCBA Members $55 Non-SCBA Members $20 Students/ Court Staff

MCLE

1.0 Hour Ethics**

Reservations must be received by 5pm June 13, 2018. Registration will not be confirmed until payment is received. After deadline date (if there is availability) and for any walk-ins pricing will increase by $10. No one will be permitted to attend without payment.

You may pay by credit card or check payable to: “Sacramento County Bar Association” mail payment and lunch selection to: Sacramento County Bar Association, Attn: SCBA Monthly Seminar, 425 University Ave, Suite 120 • Sacramento, CA 95825 or pay online at www.sacbar.org-Event Calendar. If you have any questions please contact Cecilia Rainey at cecilia.rainey@sacbar.org or 916-564-3780

Buffet Lunch

Lemon Basil Chicken Breast, Eggplant Parmesan, Roasted Seasonal Vegetables, Roasted Potatoes, Chopped Romaine Salad with Sun Dried Tomatoes, Sliced Red Onions, Feta Cheese, Kalamata Olives, and Greek Dressing & Dinner Rolls YOUR NAME: __________________________________________________________________________________________________________________ COMPANY NAME: _____________________________________________________________________________________________________________ ADDRESS: ____________________________________________________________________________________________________________________ CITY: _________________________________________________________________________ STATE: ______________________ ZIP: _______________ EMAIL: ______________________________________________________________________________________________ AMOUNT: $______________ CREDIT CARD NUMBER: __ __ __ __ – __ __ __ __ – __ __ __ __ – __ __ __ __ EXPIRATION DATE: ___ ___ – ___ ___

MASTER CARD

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CHECK NUMBER: _________________________

CVR CODE NUMBER: ___ ___ ___

SIGNATURE: ___________________________________________________________________________________________________________________

SCBA Judges Series Luncheon - June 15, 2018 *No refund will be available within 7 days of event. **This activity pending for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 unit of MCLE in the Ethics Category Credit. The Sacramento County Bar Association provider #166 certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. This event is for SCBA members and invited guests. The SCBA reserves the right to refuse admission to anyone whose presence is unreasonably disruptive or who detracts from the safety, welfare, and well-being of other patrons, staff, and the establishment itself.

Sacramento County Bar Association • 425 University Ave, Suite 120, Sacramento, CA 95825 Phone: 916-564-3780 • www.sacbar.org


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SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

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

SCBA Annual Meetin

Sacramento County Bar Association Honoring Distinguished Attorney of the

Birthday PartyJustice Arthur Scotla SAVE THE SCBA Installing DATE

Celebrating 100 Years of SCBA and the Legal Community

BarStock - 3 Hours of Fun, Peace & Music Featuring Live Music By Sacramento’s Favorite Lawyer Bands!

Officers & Director Monday Recognizing 100% Firms June 25, 2018 5pm to 8pm DATE

REACHING

Location: Monday

PavilionDecember Tent 15, 2 Haggin Oaks Golf Complex 3645 Fulton AvenueTIME Sacramento, CA 95821Check MCLE Prior to Annual Meeting 11:30 FREE for SCBA Members 12:00 Lunc $100 for Non-Members

THE CENTURY

Festivities will include a Three Hole Putting Contest. A Long Putting Hole-in-One Contest. Festival Games and Prizes. Raffle Prizes and a Silent Auction. Hot Buffet Dinner with a Special 100th Year Birthday Cake.

MARK

PLACE Sheraton Gra Speaker: Kenneth Bacon 1230 J Stree Sponsoring of Mastagni Holstedt

1 Hour Ethics - Topic: “Attorney Fees, Practically and Ethically”

10:30-11:30am Opportunities

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Contact Deb Roberts at Tickets orSpeaker: Associate Justice Anthony M. Kennedy, Keynote (916) 564-3780

For Keynote Speaker: of the United Statesof California more info Visit:Supreme CourtChief Justice

www.sacbar.org/ Celebrate Our Centennial Reception, Luncheon, and Social with us on event-calendar.htmlTuesday, April 10, 2018 11am to 2pm or call TicketHills information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for nonCA 95864 Sacramento, Arden Hills Lane, Resort, 1220 (916) Arden 564-3780 After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or www.sacbar.org www.sacbar.org visit#100, or Ave 564-3780 (916)1329 Association Barpayable: County Sacramento call the For more information call (916) 564-3780. Send checks SCBA, Howe Sacramento, C

Tani Cantil-Sakauye

Sacramento Lawyer Magazine May/June 2018  

Sacramento County Bar Association Lawyer Magazine May/June 2018

Sacramento Lawyer Magazine May/June 2018  

Sacramento County Bar Association Lawyer Magazine May/June 2018

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