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November/December 2017

Russell Austin 2017 SCBA Distinguished Attorney of the Year 2017 Bench-Bar Reception

Photo by Bill Mahon

www.sacbar.org

Anthony M. Kennedy Inn of Court 30th Anniversary Gala

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE


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EDITOR’S MESSAGE Betsy S. Kimball Editor-in-Chief

November-December 1917

T

he SCBA is about to embark on a year-long celebration of its 100year anniversary. Much will soon be written about those 100 years. So, this is a great time to glimpse back at the world 100 years ago. In November-December 1917, World War I was still raging, though not just in Europe. Earlier in the

year, the British Indian Army re-took Baghdad from the Ottoman Turks. The Armenian genocide was in its third year. Czar Nicholas II abdicated. By early November, Lenin’s Bolsheviks rose to power in Russia. Gandhi had only recently returned to colonial India from South Africa. Nelson Mandela (born July 18, 1918) might just have been a bump in his mother’s belly. There were only two independent countries in Africa: Liberia and Ethiopia. Puerto Ricans were granted U.S. citizenship.

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For Downton Abbey fans, this period was season 2, portraying the war. Edwardian England was alive and well, but not for long. Shortly before the US entered the war in April 1917, Congress overrode President Woodrow Wilson’s veto and passed the Immigration Act of 1917. Among other things, it included an English literacy test and barred all immigrants from the “Asiatic zone” – the continent of Asia, less Japan and much of China. Chinese had already been excluded under the Chinese Exclusion Act of 1882, and the so-called “Gentlemen’s Agreement of 1907” between Japan and the United States restricted the inflow of Japanese immigrants, apparently in exchange for desegregating San Francisco’s public schools. The 19th Amendment, securing women’s right to vote, would not be ratified for another almost-three years (August 1920). Blacks were decades from gaining the civil rights guaranteed by legislation in the 1960s. So here we go – almost to 2018, a year of celebration for the SCBA and, I hope, a year that reminds us of the people who came before us and made it possible for us to be what and who we are. Peace.

SACRAMENTO LAWYER | November/December 2017 | www.sacbar.org

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 Vlaisavljevic 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.


CONTENTS SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

NOVEMBER/DECEMBER 2017 VOLUME 117, NUMBER 6

COVER STORY 18 Russell Austin – The SCBA’s 2017 Distinguished Attorney of the Year FEATURE ARTICLE 14 Red Alert – Lawyer Well-Being Needs Attention EVENTS 16 2017 Bench-Bar Reception 24 Anthony M. Kennedy Inn of Court 30th Anniversary Gala

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27 2017 CCBA Pfeiffer Award to the Liebenbaums 30 Documentary and Panel Pit Injustice against Constitution SECTIONS AND AFFILIATES 10 Year in Review at St. Thomas More Society 12 SABA of Sacramento Celebrates Its Tenth Annual Diversity Law Student Reception 26 Low Scores Abound at 29th Annual ABAS Golf Invitational 28 Barristers’ Club Update

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32 Administrative Law and Public Law Sections’ Joint Mixer Celebrates Collaboration VLSP 8

A Time for Thanks

DEPARTMENTS

30

24

4 Editor’s Message 6

President’s Message

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.

Russell Austin 2017 SCBA Distinguished Attorney of the Year www.sacbar.org | November/December 2017 | SACRAMENTO LAWYER

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

Sowing Seeds for a Better Tomorrow

As

the 2017 President of the Sacramento County Bar Association, I am most proud of three accomplishments. First, I ushered in a new era of transparency and accountability – this is the new tradition of the SCBA. Second, I instituted several new policies, procedures, and guidelines to provide consistency, standards, and direction to our leadership. Lastly, I created Kids Law Day which pairs attorneys with paralegals and/or legal assistants and introduces elementary school children in grades 4 through 6 to the legal profession. In order to achieve these three goals, I asked the Association to do things differently, to make difficult decisions, to challenge outdated traditions and practices – all with the objective of moving toward a greater purpose to do a greater good. As President, I served with the belief that when you are given a platform – be it large or small – you have an obligation to use it responsibly, to do your best to effectuate positive change, and to make an impact on those you encounter. Throughout the year, I encouraged our board, sections, divisions, and committees to reexamine the Association’s traditions as they relate to our purpose and mission. In the process, we began a dialogue which challenged the status quo to move beyond the axiom “this is the way it has always been done,” and instead create a more accountable, flexible, and adaptable environment conducive to and focused on meeting the needs of our members and the goals of the Association. I believe long-standing traditions are good as long as they advance a purpose, support an organization’s mission, and drive productive change throughout an organization.

by Sabrina L. Thomas

Change did not occur without challenge, opposition, and resistance. Still, I made the tough calls from a place of confidence, clarity, and transparency. I could not have acted so boldly and courageously without the dedication, support, and expertise of the executive committee, Sil Reggiardo, Sean McCoy, and Shanae Buffington, Executive Director Mary Burroughs and her staff, and ultimately the support of the board. With their support, I continued to move steadily toward the end goal – to realign and refocus on the mission of the Association to enhance the system of justice, the lawyers who serve it, and the community served by it. During my tenure as President, I sought to lead with intention, integrity, and purpose. Being 100 percent myself – authentic, open, sometimes flawed, but always passionate about the work of this great organization. By challenging us to move outside of what was comfortable, familiar and safe, I depart satisfied with my decision to encourage “out of the box” thinking and acting. I sincerely hope that in some way, I have been a positive change agent and have inspired others to do the same. So, as I pass the gavel to the incoming president, Sil Reggiardo, and the executive committee, I am confident that the new leadership will continue to nurture the seeds sown, and advocate for the good of the Association as we enter our 100-year centennial. Yours in service,

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tion yer?

VLSP

Vicki Jacobs is the Managing

A Time for Thanks

Attorney of the Voluntary Legal Services Program. She can be contacted at vjacobs@vlsp.org.

n California State Bar Trial Lawyer Hall of Fame, 2001

by Vicki Jacobs n Fellow, American College of Trial Lawyers, since 1986 n Northern California Super Lawyers since inception n Best Lawyers in America since inception, recently:

W

youofare small that offers free services to Lawyer the ayear, Realnonprofit Estate Litigation, u hen

Sacramento, 2014 the indigent, how do you raise money to support those the Year, Litigation, u Lawyer program costsofthat are Commercial not covered by government grants? Sacramento 2010 Back in 1991, the staff of our pro bono program brainu Bet the Company Litigation, 2012, 2013, 2014 stormed ideas about what type of annual event we could u Commercial Litigation, 2012, 2013, 2014 have utoLitigation-Banking raise money toand support program. Ellen Juarez, Finance,our 2012, 2013, 2014 my predecessor as Program Manager for VLSP, had heard of Estate, 2012, 2013, 2014 u Litigation-Real another pro bono program that was raising money through a “Phonathon.” Ellen convinced the Advisory Committee (the group of local attorneys that guides VLSP) to put time into starting this fundraiser. Some of the Committee members questioned whether lawyers would really want to call other lawyers and ask for donations. Undaunted, Ellen proceeded to plan the event. Without a list of prior donors to work from, we ordered from the State Bar a list of all Sacramento County m attorneys, printed out on labels. The labels did not include numbers,F/so(916) we looked up the phone number of C/ (916)phone 825-9952 525-8446 each attorney in the phone book and placed each label and phone number on an index card. This was all pre-internet! to, CA 95814 www.genshlealaw.com That first year, when our volunteers made calls asking for Sacramento Public donations, we just County took the cards of Law peopleLibrary who we knew 2015a call. From those first calls, that raised andSCBA gave them $10,000, our donors list was developed. Twenty-six years later, we are still holding our annual Phonathon, which is a successful fundraiser for our program. We gather one fall day each year and make phone calls, mostly to our prior donors, although now we encourage the callers to use their cell phone contacts as aMAGAZINE caller’s list. Some of our callers have been with us from nearly the beginning. Local

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Need a case or law review article? Correction Want to see needed if your case is still “good law?” Email the Reference Desk at reference@saclaw.org or call See a second proof 916-874-6012 with a complete citation, and a librarian will email you the document within 24 hours. OK 5with corrections Limit documents per day, per attorney.

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Workers Compensation attorney Bart Melhop, of Mehlhop & Vogt, has been a caller for at least 23 years. Mehlhop says: “I raise money every year for this organization because I truly believe it does work that is absolutely necessary; that is, to represent people with a serious need but no resources to hire an attorney. I see some of these people’s problems when they come to me as injured workers; such as not having a driver’s license, or family problems with probate weighing them down. My partner, Adam Vogt, had a very positive experience working at your Employment Clinic for several years, and I heard only good things about your organization. I am happy to be able to lend my assistance to this excellent organization that helps to improve the image of the bar.” We are grateful to Bart, and all our volunteer calls and generous donors, for making VLSP’s fundraiser a success each year. We are also grateful to our state government lawyers and other friends employed by the state who designate VLSP as the recipient of donations each year through the United Way’s Our Promise: State Employees Giving at Work Initiative. VLSP is a certified agency through the United Way and our organization number is 7505. VLSP is fortunate to have dedicated donors through the United Way. One of these donors is Todd Vlaanderen, Past President of the SCBA, who is employed at the California Gaming Control Commission. Vlaanderen says: “I choose to contribute to VLSP because it provides legal services to those in need through a volunteer based system. This means that more of my financial donation goes to actu163px Adthe legal services ally providing legal services. In -163px addition to provided, VLSP’s volunteer based system improves the character of the volunteers, the character of the profession, and the image of the legal profession in the eyes of the public. I donate through the California State Employees Giving at Work campaign because it is easy for me and I know the regular monthly donations from my paycheck provide a more consistent and reliable funding source to VLSP.” Our small nonprofit works hard to let the Sacramento legal community know about our work so that they can volunteer their time and expertise, refer prospective clients to us, and help keep our organization financially sound so that we can continue our work. Thank you to all of you who assist us in916-874-6011 some way. We |hope that your Thanksgiving www.saclaw.org is joyful.

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SECTION & AFFILIATE NEWS

Angela Lai is the 2017 President of the STMS. She can be contacted at angelamlai@gmail.com.

Year in Review at St. Thomas More Society by Angela M. Lai

St.

Thomas More Society (STMS) enjoyed another fruitful year, filled with a variety of informative and thought-provoking programs, including programs on the fascinating history of the Catholic Diocese of Sacramento, alternative vocations to serve the community under the umbrella of the Catholic Church, the pilgrimage route Camino de Santiago, and an attorney and priest panel discussion of their personal journey fighting substance abuse. Earlier this year, STMS celebrated its 31st year of service and ministry with the annual Feast Day Reception. At the annual reception, we awarded the Father McDermott Award for Integrity to Paul Starkey in honor of his support of legal aid and his leadership of the Sacramento Diocesan Council of the Society of St. Vincent de Paul. In furtherance of our organization’s stated purpose to further interfaith understanding, STMS members also enjoyed an interfaith prayer service with Father/Justice Rod Davis of St. Michael’s Episcopal Church (formerly, Associate Justice of the California Third District Court of Appeal). In addition, the St. Thomas More Society co-sponsored an annual ethics

Angela Lai and Heather Hoganson presented the 2017 Father McDermott Award for Integrity to Paul Starkey

luncheon with the J. Reuben Clark Law Society and the Brigham Young University Management, an annual tradition that began in 2005. This year, UC Davis Law Professor Gabriel “Jack” Chin spoke on “The ‘War’ against Chinese Restaurants” - the laws and regulations mustered to ward off a different immigrant “threat” in the last decade of the 19th century and the first two decades of the 20th century. This “war,” as was then described, was the result of the “Yellow Peril,” the perceived danger that racially dangerous Asian immigrants, “cheap Chinese labor,” “immoral Chinese women,” and the “fatal lure of Chinese” could undermine America’s basic character.

Ethics luncheon attendees Brian Bowen (President, BYU Management Society), Heather Cline Hoganson (Recording Secretary, STMS), Prof. Gabriel Jack Chin, Angela Lai (President, STMS), & Paul Hoybjerg (President, J. Reuben Clark Law Society)

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SACRAMENTO LAWYER | November/December 2017 | www.sacbar.org

Chinese restaurants were deemed “a serious menace to society,” for two reasons: Chinese restaurants were perceived as morally hazardous to white women, and the restaurants’ employment of Chinese workers competed with “American” restaurants and denied “our own race a chance to live.” The efforts to eliminate Chinese restaurants included riots and boycotts, legislation that banned white women from patronizing or working at Chinese restaurants, legislation prohibiting Chinese from working, legislation prohibiting immigration of Chinese laborers, and discriminatory selective enforcement of laws that placed Chinese restaurants under particular scrutiny. The national movement to eliminate Chinese restaurants through the use of law a century ago has much relevance to immigration policy today. On October 11, the STMS co-sponsored the annual Red Mass at the Cathedral of the Blessed Sacrament, with Bishop Jaime Soto presiding. The Red Mass is an annual event at which lawyers, judges, and public officials invoke the aid of the Holy Spirit in their work and deliberations in the year to come. This unique Mass for the Bench and the Bar has been celebrated for many centuries

Administrative Law Judge Plauche Villere, Jr., Prof. Frank Abi Nadar, Nora Quartuccio, Cheri Boyer, Nanette Aubut, & Vicki Jacobs at the Feast Day Reception


SECTION & AFFILIATE NEWS all over the world, with its roots traced back to France and England in the early 13th century. The first Red Mass in the United States was held at Saints Peter and Paul Church in Detroit in 1877. Today, the Red Mass is celebrated in Washington, D.C., and most other state capitals and major cities throughout the United States, including Sacramento. As in previous years, the Red Mass was followed by the annual Bench and Bar Award dinner, where the St. Thomas More Award is presented to honor a member of the legal profession within the Diocese of Sacramento who has shown integrity in the practice of law, leadership in the community, and faithfulness to gospel values in his or her personal and professional life. This year, the annual award was presented to Eric Hintz. As with real life, 2017 is made up, not only of sweetness, but also of sadness. In June, members of St. Thomas More Society joined our community in celebrating the life of our founding President and long-time leader, Herb Bolz. In 1986, when Bishop Francis Quinn asked Fr. Sylvester McDermott to restore the Red Mass in Sacramento, Herb became the founding president of the rejuvenated St. Thomas More Society, and went on to be the driving force on our board for over two decades. Herb led the way to create many of our events and traditions, including the establishment of the Fr. Sylvester McDermott Award to celebrate the work of those who best exemplify our goals and purposes of helping those least blessed among us. In many ways, Herb modeled his life after the namesake of our organization, St. Thomas More, who was known for his conscience, his ethical values, his integrity, his dedication to justice, his practice of charity, and his dedication to his wife and children. Watch the Calendar for Upcoming Events Please join us on November 8, 2017, at noon, for Mass and a lunch

program with Bishop Jaime Soto at Blue Prynt Restaurant & Bar. To meet and greet your fellow members and to learn more about the STMS, please join us on December 7, 2017, at 5-7 p.m. for a reception at Wilke Fleury. For more information about the STMS, and our upcoming events, please contact one of our board of directors: President Angela Lai, Vice-President

(Membership) Tom Redmon, Co-Treasurers Tom Frame and Mary Bressi, Recording Secretary Heather Hoganson, and At-Large Directors Nora Quartuccio and Plauche Villere, Jr. To stay up-to-date with our events, please email stms.sacramento@gmail.com to add your name to our email list. Or find us on Facebook under “Saint Thomas More Society, Sacramento.”

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Shama Mesiwala

SECTIONS & AFFILIATES

is a co-founder SABA of Sacramento and Commissioner of the Sacramento County Superior Court.

SABA of Sacramento Celebrates Its Tenth Annual Diversity Law Student Reception by Commisioner Shama Mesiwala / Photos by Hiren Patel

T

he South Asian Bar Association (SABA) of Sacramento celebrated its Tenth Annual Diversity Law Student Reception on September 9. To mark this special anniversary, Chief Justice of California Tani Cantil Sakauye, who attended the first reception 10 years ago, spoke eloquently about diversity and mentorship. The reception has grown to over 200 attendees, providing law students the opportunity to mingle with judges and attorneys over Indian appetizers. SABA was honored by the attendance of Chief Judge Emeritus Morrison England and Magistrate Judge Allison Claire from the U.S. District Court, Eastern District of California; Presiding Justice Vance Raye, Justice Ron Robie, Justice Kathy Butz, Justice Louis Mauro, Justice William Murray, Jr., Justice Elena Duarte, Justice Andrea Hoch, and Presiding Justice (retired) Art Scotland from the California Court of Appeal, Third Appellate Dis-

Chief Justice of California Tani Cantil Sakauye, Clara Levers, Keith Staten, Dehra Difiore, & Presiding Judge of the Juvenile Division Stacy Boulware Eurie

trict; Presiding Judge Kevin Culhane, Assistant Presiding Judge Dave DeAlba, Presiding Judge of the Juvenile Division Stacy Boulware Eurie, Judge Emily Vasquez, Judge Alan Perkins, Judge Russ Hom, Judge Raoul Thorbourne, Judge Jerilyn Borack, Judge Thadd Blizzard, Judge Chris Krueger, Judge Steven Gevercer, Judge Jennifer Rockwell, Referee Marlene Clark, Commissioner Scott Harman, and Commissioner Danny Haukedalen from the Sacramento County Superior

Judge Steven Gevercer, Kathryn Althizer, Judge Chris Krueger, Mike Canzoneri, Professor Clay Tanaka, Judge Dave Rosenberg, & Clara Levers

Professor Clay Tanaka, Judge Emily Vasquez, Presiding Justice (ret.) Art Scotland, Chief Judge Emeritus Morrison England, Laura Moreno, Referee Marlene Clark, & Justice Elena Duarte

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SACRAMENTO LAWYER | November/December 2017 | www.sacbar.org

Mindy Danovaro, Dean Michael Hunter Schwartz, Justice Andrea Hoch, & Dr. Stacey Hunter Schwartz

Court; Judge Dave Rosenberg, Judge Sam McAdam, Judge Janene Beronio, and Judge Sonia Cortes from the Yolo County Superior Court; Judge David Ashby from the Sutter County Superior Court; Commissioner Monique Langhorne from the Napa County Superior Court; and Judge Dee Brown and Judge Dianne Dobbs from the Office of Administrative Hearings. The reception was generously underwritten by Pacific McGeorge School of Law and UC Davis School of Law.

Nimra Syed, Heather Domingo, Princepreet Singh, Christopher Machold, Caitlyn Imura Andrijich, & Laura Necato

Justice Ron Robie, Gin Smith, Judge Jerilyn Borack, Justice Kathy Butz, Presiding Justice (ret.) Art Scotland, Justice Louis Mauro, Donna Keane-Mauro, & Judge Allison Claire


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FEATURE ARTICLE

Betsy S. Kimball

Red Alert – Lawyer Well-Being Needs Attention by Betsy S. Kimball

is the Editor-in-Chief of Sacramento Lawyer. She can be contacted at BKimball@Klinedinstlaw. com.

“I’ll tell you. Lying there with frozen slabs where my arms had been, I did not think about the Mercedes I didn’t buy or the business I didn’t get.” – Dr. Beck Weathers, orthopedic surgeon (retired), left for dead at 26,000 feet on Mt. Everest

L

ying frozen on Everest, Dr. Beck Weathers got a mega-dose of insight. He survived and had the time to change his life. His experience underscores the wisdom of examining priorities, whatever the context. Last year, a collection of organizations, both within and outside of the ABA, formed the National Task Force on Lawyer Well-Being. This past August, the Task Force released its first report, “The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.”1 Does the profession need “positive change?” Yes. Law practice is changing. For better or worse (or a little of both), artificial intelligence is here and beginning to consume segments of legal work.2 Chapman Law Professor and eminent ethicist Ronald Rotunda recently published a serious (vs. satirical) article entitled “Can Robots Practice Law?”3 Ethical rules and client demands require lawyers to keep current with increasingly complex technology or to hand over that work to others who are.4 Cyber attacks on law firms have become a genuine threat requiring constant vigilance.5 Omni-present devices (tablets, phones, watches) keep lawyers on call 24/7. Internet-based businesses are shrinking the role of traditional lawyers (think Legal Zoom, Rocket Lawyer, Avvo). Public confidence in the legal system and respect for lawyers and judges seems especially low. There are also mental health and substance abuse issues. In early 2016, the ABA announced the results of a study conducted by the Hazelden Betty Ford Foundation and the ABA Commission on Lawyer Assistance Programs and published in the Journal of Addic-

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tion Medicine.6 Approximately 13,000 employed attorneys from 19 states, including California, participated. Patrick R. Krill, the former Director of the Hazelden Betty Ford Foundation Legal Professionals Program, a licensed California attorney, and one of the principal architects and authors of the study, commented, “This long-overdue study clearly validates the widely held but em-

pirically undersupported view that our profession faces truly significant challenges related to attorney well-being.”7 The study found that 21 percent of attorneys qualify as problem drinkers, 28 percent show some level of depression, and 19 percent demonstrate symptoms of anxiety.8 It appears that that these issues occur amongst lawyers at roughly twice the rate as in the population of other educated adults. On October 15, 2017, there were 189,187 active members of the California Bar (average age, 49).9 Applying the 2016 study’s findings to the active bar membership would mean there are nearly 40,000 problem drinkers,

SACRAMENTO LAWYER | November/December 2017 | www.sacbar.org

53,000 lawyers who show some levels of depression, and 36,000 lawyers with symptoms of anxiety. Assuming that many of those affected have these challenges in combination, that would mean roughly one in every three California lawyers experiences substance abuse and/or shows symptoms of depression or anxiety. Yet – and in stark contrast – the State Bar of California’s Lawyer Assistance Program had an active caseload of 127 at the end of 2016 (and half of those program-participants were law students).10 Lawyer “well-being” is a timely issue. The Task Force’s report defines “well-being,” as a “continuous process whereby lawyers seek to thrive in each of the following areas: emotional health, occupational pursuits, creative or intellectual endeavors, sense of spirituality or greater purpose in life, physical health, and social connections with others.” Part one of the report contains general recommendations for all stakeholders in the legal profession. Part two offers more specific recommendations for seven categories of stakeholders, ranging from regulators to law schools, judges to bar associations. The recommendations for “legal employers” (acknowledging that one size does not fit all) include the following. • Establish organizational infrastructure to promote well-being – form a well-being committee or appoint a well-being advocate (among other things) to evaluate the work environment and identify those policies and procedures that create the most mental distress for employees. • Establish policies and practices to support lawyer well-being. Here the


FEATURE ARTICLE report discusses “work addiction” and “poor self-care.” Whereas prototypical law firm culture applauds lawyers who work the hardest (i.e., generate the most income/land the biggest clients), the report identifies the dark(er) side of this culture. It cites to research showing that about 25 percent of lawyers are workaholics (versus 10 percent estimated in the general adult population) and that work addiction can lead to physical and mental health problems, stress on family relationships, and burnout. The report recommends “that legal employers monitor for work addiction and avoid rewarding extreme behaviors” which, in the long run, can be unhealthy. An interesting note in the appendix to these recommendations concerns the importance of an organizational culture that encourages and supports detachment from work, i.e., taking vacations. A cited study of 6,000 lawyers found that the number of vacation days taken was the strongest predictor of well-being, stronger even than income level. “This suggests that legal employers should encourage taking of vacation – or at least not discourage … it.” • Provide training and education on well-being. The report notes that training alone is rarely sufficient, whereas work environment plays an enormous role in influencing behavioral change. “Work cultures that constantly emphasize competitive, self-serving goals can harm lawyer well-being.” Including appendices, the Task Force’s report is more than 70 pages long. It is not intended to provide solutions. But it is a very solid effort to assess the challenges facing the profession today and to offer thought-provoking (and hopefully, discussion-inducing) ideas.

4 “An attorney’s obligations under the ethical duty of competence evolve as new technologies develop and become integrated with the practice of law.” Cal. State Bar Formal Opn. No. 2015-193, p. 1, at http://www.calbar. ca.gov/Portals/0/documents/ethics/Opinions/CAL%20 2015-193%20%5B11-0004%5D%20(06-30-15)%20 -%20FINAL1.pdf. 5 Cyber attacks are not limited to global firms like DLA Piper. The cyber security firm LogicForce conducted a study that found two-thirds of 200 responding law firms had reported some sort of cyber breach. See Li, “How Prepared Are Law Firms for Cyber Breaches? And How Often Are Firms Being Attacked?”, ABA Journal (June 29, 2017), at http://www.abajournal.com/ news/article/how_prepared_are_law_firms_for_cyber_ breaches_and_how_often_are_they_being_ 6

P.R. Krill, et al., “The Prevalence of Substance Use and Other Mental Health Concerns among American Attorneys,” Journal of Addiction Medicine, vol. 10, no. 1

(Feb. 2016), at http://journals.lww.com/journaladdictionmedicine/Fulltext/2016/02000/The_Prevalence_of_ Substance_Use_and_Other_Mental.8.aspx. 7 https://www.americanbar.org/news/abanews/aba-newsarchives/2016/02/aba_hazelden_betty.html. 8 The study found that younger attorneys in the first 10 years of practice exhibit the highest incidence of these problems. 9 https://members.calbar.ca.gov/search/demographics. aspx (Oct. 15, 2017). This is not a new problem. David R. Brink, ABA President in 1981-82, wrote “Lawyers … are faced with an increasingly competitive and stressful profession. Studies show that substance use, addiction and mental disorders … are at shockingly high rates.” 10 h t t p : / / w w w. c a l b a r. c a . g o v / P o r t a l s / 0 / d o c u m e n t s / r e p o r t s / 2 0 1 6 - A n n u a l R e p o r t - L A P. p d f ?ver=2017-05-19-134139-833. Of course, there are other resources available to lawyers: AA, The Other Bar, private counseling.

1 https://www.americanbar.org/content/dam/aba/images/ abanews/ThePathToLawyerWellBeingReportFINAL.pdf. 2

See Bailey, “The Future Is Now – Artificial Intelligence in Legal Practice,” p. 16, Sacramento Lawyer, vol. 118, no. 4 (July/August 2017).

3 Rotunda, “Can Robots Practice Law?,” Verdict-Justica (Sept. 11, 2017), at https://verdict.justia. com/2017/09/11/can-robots-practice-law. www.sacbar.org | November/December 2017 | SACRAMENTO LAWYER

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EVENTS

2017 Bench-Bar Reception by Meredith Garey

On

September 28, 2017, the Sacramento County Bar Association (SCBA) held its annual Bench-Bar Reception at the Sacramento Convention Center to honor Judge Kevin Culhane, the SCBA Judge of the Year. This was a record year for attendance. The SCBA is grateful to its generous sponsors who made this wonderful event possible. The Sacramento Legal Secretaries Association and Sacramento Valley Paralegal Association generously donated their time to making the event run smoothly. The event also featured a wine auction to benefit the Sacramento Law Foundation, the charitable arm of the SCBA, which provides grants to various non-profits that improve the administration of justice within the Sacramento region.  This year’s wine auction was a brilliant success that raised hundreds of dollars for the Sacramento Law Foundation. The festive atmosphere with music, food and drinks provided an excellent opportunity to spend time with friends and colleagues. Spirits and food were provided by Classique Catering, and the J. Harrison B. Jazz Trio enhanced the evening with delightful entertainment.   U.S. District Court Judge Morrison C. England, Jr. and Presiding Justice Vance Raye of the California Court of Appeal, Third Appelate District, presented the “state of the court” reports. SCBA President Sabrina Thomas presented the Judge of the Year award to Judge Kevin Culhane of the Sacramento Superior Court. Judge Culhane was introduced by Judge Da-

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Judge David I. Brown, Judge Kevin Culhane, Sabrina Thomas, Presiding Justice Vance W. Raye, & Judge Morrison England, Jr.

Bob Bale, Jack Vetter, Judge David De Alba, Roger Dreyer, & Joe Genshlea

vid Brown of the Sacramento County Superior Court. Judge Brown spoke proudly of Judge Culhane’s achievement on the bench and his service to the community. Judge Brown and U.S. District Court Judge Frank C. Damrell, Jr. (ret.) recognized the appreciation Judge Culhane received from Supreme Court Justice Anthony

SACRAMENTO LAWYER | November/December 2017 | www.sacbar.org

Kennedy, Governor Jerry Brown, and the California Legislature.  Judge Culhane graciously accepted his award and thanked his family, judges in the community, and the entire Sacramento legal community.   He also provided an in-depth update of the state and future of the Sacramento County Superior Court.


EVENTS Meredith Garey is a Deputy Attorney General. She can be contacted at meredith. garey@doj.ca.gov.

Judges Kimberly Mueller, Steven Gevercer, & Alyson Lewis

Judges Raoul Thorbourne, Gerrit Wood, Sharon Lueras, & Emily Velasquez

Jennifer Hennessy, Lawrance Bohm, & Craig Sheffer

Judge Kevin Culhane with his award

Jaxon Doonan, Kaitlin Culhane, Jeanne Culhane, Judge Kevin Culhane, Aleeya Culhane, & Jennifer Culhane

Placer County Judge Michael Jones, Karen Jones, Christine Jacobs, & Placer County Judge Suzanne Gazzaniga

Sabrina Thomas, Mary Burroughs, & Meredith Garey

www.sacbar.org | November/December 2017 | SACRAMENTO LAWYER

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COVER STORY

J. Scott Alexander is the Managing Partner at Murphy Austin Adams Schoenfeld LLP. He can be contacted at salexander@ murphyaustin.com.

RUSSELL AUSTIN The SCBA’s 2017 Distinguished Attorney by J. Scott Alexander

T

he SCBA has selected Russell J. Austin as its 2017 Distinguished Attorney of the Year. A third-generation native Californian, born and raised in the Los Angeles area, Russell J. Austin earned his Bachelor of Arts degree in history at UC Santa Barbara. In his senior year, he pursued a year-long studyabroad program at the University of St. Andrews in Scotland, where he met his wife, Elizabeth (then an exchange student from UC Berkeley). During that year abroad, the two of them discovered their shared interest in travel and hiking across historical landscapes. In 1982, Russell and Elizabeth moved to Sacramento when Russell was asked to help open a local office of Marron Reid, LLP, a San Francisco law firm he joined following his graduation from UC Berkeley School of Law in 1980. Being new to the Sacramento area, Russell’s first forays into community service included adjunct teaching at Pacific McGeorge and serving on the Board of Directors of the Barristers’ Club, formerly known as the Sacramento Young Lawyers Association. While

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SACRAMENTO LAWYER | November/December 2017 | www.sacbar.org


COVER STORY

Russell Austin, 1962

serving on that board, Russell embraced the opportunity to serve on the Voluntary Legal Services Program (VLSP) Committee. From 1988 to 1992, Russell served as Chair of VLSP, and from 1989 to 1993, as President of Legal Services of Northern California (LSNC). From then to 1997, Russell served on the California State Bar Legal Services Trust Fund Commission. During Russell’s term as VLSP’s President, VLSP faced a funding crisis. In response, Russell organized and led a task force comprised of SCBA and VLSP Committee members. The report of that task force laid out several key findings in support of a proposed allocation of membership dues to VLSP. Since its inception in 1992, that allocation has generated approximately $876,000 in revenue in support of pro bono legal services to indigent county residents. When asked about what factors influenced his decision to focus his community service on programs that benefit the poor, Russell said, “I was fortunate to have had an outstanding legal education at a great public university that provided the foundation for my belief in the role and responsibilities of attorneys, not just with clients but also with the communities they serve. That core

belief was both reinforced and deepened by the opportunity to chair the boards of both LSNC and VLSP, and to help those programs expand their abilities to serve their clients and improve access to justice for those without the means or resources to fend for themselves in the legal system.” Gary Smith, Executive Director of both LSNC and VLSP since 1999, said, “Russell’s commitment to the highest pro bono ideals of our profession, and to the larger cause of ‘equal access to justice,’ is heartfelt and genuine. He has been a staunch supporter of both LSNC and VLSP, personally and professionally, and I am privileged to have been able to work with him for so many years on these critical issues in our community. Over the decades, when we have needed the support of the local legal community to fend off political attacks on our work and our funding, Russell has always been one of the first to respond.” For this work, Russell received a President’s Pro Bono Service award from the California Bar in 1992, a Pro Bono Publico award from the American Bar Association in 1993, and was recognized by the SCBA as its Humanitarian of the Year in 1994. During the 1990’s, Russell was also active with Business Volunteers for the Arts, as a volunteer, Board Member and Board Chair, and

was named BVA’s Volunteer of the Year in 1991. Throughout his career, Russell’s law practice has focused on commercial real estate, business, and corporate law. He counsels owners, developers, lenders, conservation organizations, nonprofits,

Russell Austin, UC Berkeley, School of Law, 1980

and public agencies in real property, business formations, financings, and conservation easements. While he has represented many high-profile clients and earned numerous awards and honors over the years, Russell firmly believes that attorneys do their best work when they build and sustain the trust and confidence of their clients, and most importantly, “do so with integrity and authenticity.” Upon learning that Russell had

Elizabeth Austin and Russell Austin, UC Berkeley, School of Law, 1980

www.sacbar.org | November/December 2017 | SACRAMENTO LAWYER

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COVER STORY

Russell Austin, far left, with Marron Reid, LLP partners, 1985

been selected for this award, Sacramento County Superior Court Judge James M. Mize said, “The term ‘Distinguished Attorney’ was invented to describe Russell Austin. His successes, his competence, his contributions to the law by themselves are outstanding, and yet his humanitarian service to the community dwarfs even his impeccable professional credentials. He is the attorney you want at your side in a tough negotiation or in a soup kitchen. This award has just increased in stature and gravitas by the addition of Russell to its rolls.” Since helping to found Murphy Austin in 1999, including serving as its initial Managing Partner, Russell’s philanthropic vision has played an important role in shaping the firm’s culture and mission. Always a leader by example, Russell has continued to serve the community in a variety of capacities, including in both local and regional programs and initiatives. In 2001, Russell was honored as the Sacramento Metropolitan Chamber of Commerce’s Volunteer of the Year for his service as a board member. As the organization’s Vice President of Community Development, he spearheaded a Regional Arts Strategic Plan. He also served on task forces analyzing the Port of Sacramento, the financing plan for the River Cats baseball stadium, and the development of a new sports/en-

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tertainment facility for the Sacramento Kings, and led “issues” teams in numerous “Cap to Cap” and study mission visits to other cities. During his term on the Crocker Art Museum’s Board of Directors from 2001 to 2008, Russell chaired the Building and Grounds Committee and directed the negotiation and documentation of the design and construction agreements for the Museum’s $100 million-dollar expansion. “Russell is one of those people you want in your corner,” said Lial Jones, the Mort & Marcy Friedman Director & CEO of the Crocker Art Museum. “He is thoughtful, a brilliant strategist and a marvelous negotiator.

When faced with a challenge, nothing can stop Russell from finding a solution and he makes a difference in Sacramento every day.” With the benefit of his work on a wide range of conservation projects, Russell served on the Board of Directors of the Sacramento Valley Conservancy from 2002 to 2010, including serving as President from 2004 to 2006. Key projects during his tenure included preserving the natural habitat located in the Cosumnes River/Deer Creek Watershed region, and acquiring the Elkhorn Basin Ranch in Yolo County in partnership with Yolo Land Trust. “Russell crafted the partnership that allowed the Sacramento Valley Conservancy to protect the over 4,000-acre Deer Creek Hills Preserve for future generations, an untold gift to Sacramento’s quality of life. So far, thousands of families and friends have enjoyed hiking, mountain biking, and horseback riding in this blue oak woodland,” said Sacramento Valley Conservancy Executive Director, Aimee Rutledge. Since 2010, Russell has led Murphy Austin’s pro bono support of Saint John’s Program for Real Change (formerly known as St. John’s Shelter for Women and Children), the largest homeless

Russell and Elizabeth Austin and family at their son’s wedding, 2017

SACRAMENTO LAWYER | November/December 2017 | www.sacbar.org


FREE

COVER STORY

EVENT

Holiday Party, Awards, and Delegation Friend Raiser THURSDAY, DECEMBER 14, 2017 │5:00pm to 7:30pm

SCBA Event Center • 425 University Ave, Suite 120 • Sacramento

Join Us for the SCBA Presentation of the Visionary Award, Outgoing SCBA Section and Division Chairs Awards and SCBA Delegation Friend Raiser. To RSVP email or call the SCBA Office:

Cecilia Rainey at cecilia.rainey@sacbar.org or 916-564-3780.

Russell Austin and Elizabeth Austin completing the “Coast to Coast” walk in England, 2007

shelter in Sacramento County, providing counseling, education, and work training programs supporting homeless mothers with children. The work has been instrumental in increasing Saint John’s ability to serve homeless populations in the region, including through the support of such social enterprise programs as Plates Café, First Steps Child Development Center, and Plates2go, which have helped Saint John’s expand its capacity by 170% over the past four years. “Russell not only provides us with legal counsel, but he is also a great strategist, an objective listener, and a thoughtful counselor,” said Saint John’s CEO, Michele Steeb. “Over the years, Russell has consistently looked out for the best interests of our organization and our community. We are eternally grateful to him for his support.” Summing up Russell’s many contributions, Murphy Austin partner Blair Shahbazian expressed, “It is fitting that Russell has been selected for this honor at a time when the Sacramento legal services community is reflecting on and celebrating SCBA’s 100-year anniversary. Russell’s commitment to community is exemplary. The positive impact of his service will be felt in our region for generations to come.”

30th Annual Unity Bar Association of Sacramento Dinner Monday, November 13, 2017 5:30 - 8:30 p.m. Double Tree Hotel by Hilton 2001 Point West Way, Sacramento, CA 95815 Unity Bar:

Hosted by:

SacLEGAL, Sacramento’s LGBT Bar Association

Asian/Pacific Bar Association of Sacramento Cruz Reynoso Bar Association

Leonard M. Friedman Bar Association

South Asian Bar Association Wiley W. Manuel Bar Association Women Lawyers of Sacramento

Keynote Speaker: Erwin Chemerinsky Dean, UC Berkeley School of Law

Featuring:

Tickets:

Student: $50 General: $75 in advance $85 at the door

Register Online: www.eventbrite.com (Search Unity Bar) For more information and sponsorship opportunities, email sacramentounitybar@gmail.com.

www.sacbar.org | November/December 2017 | SACRAMENTO LAWYER

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EVENTS

Anthony M. Kennedy Inn of Court 30th Anniversary Gala by Ellen Arabian-Lee

Ellen Arabian-Lee is the Associate Editor, Sacramento Lawyer, and Owner, Arabian-Lee Law Corporation. She can be contacted at ellen@ arabian-leelaw.com.

O

ver 500 current and past members of the Anthony M. Kennedy Inn of Court gathered on September 14 at the beautiful Sacramento Memorial Auditorium to celebrate the Inn’s 30th Anniversary. The gala was hosted by the Inn’s President, Justice Andrea Lynn Hoch, Associate Justice, Court of Appeal, and Art Scotland, Presiding Justice (Ret.), Court of Appeal, Third Appellate District. The Anthony M. Kennedy Inn of Court is comprised of judges, justices, attorneys, and law students in the Sacramento area who meet regularly to socialize and share educational and entertaining presentations. Pacific McGeorge professors Jed and Glee Scully discussed the history of the American Inns of Court, derivatives of the English Inns of Court, where barristers gather to promote civility, ethics, and professionalism. The talented Bob Bale entertained the group with original lyrics he wrote and sung to the tune of the Eagles’ Hotel California, describing the history and antics of the Inn. Judge Lawrence Brown’s “Memories and Minstrels” multimedia presentation included reprises of some of the more memorable and award-winning presentations, featuring many well-known local attorneys and judges singing, acting, and even dancing during their educational presentations. To the chagrin of some of the Inn’s participants, the Inn has “archived” videos of their performances for posterity. The audience was repeatedly reminded during the evening, “what happens in the Inn, stays in the Inn!” The highlight of the evening was the presentation by Justice Anthony M. Kennedy, Associate Justice of the United States Supreme Court, who emphasized the importance of making friendships in the law. He observed that we are living in an era where civility in the law is often ignored, and that it is important for attorneys and judges to get to know each other. The Inn successfully accomplishes these objectives.

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SACRAMENTO LAWYER | November/December 2017 | www.sacbar.org

Justice Anthony Kennedy

Professors Glee and Jed Scully

Gala hosts Justices Art Scotland (Ret.) and Andrea Hoch


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Michael Iwahiro is

SECTIONS & AFFILIATES

Low Scores Abound at 29th Annual ABAS Golf Invitational

a board member of the ABAS Law Foundation and practices with the Burton Law Firm. He can be contacted at miwahiro@ lawburton.com.

by Michael Iwahiro

The early bird gets the worm

Tournament Chair gets ears

H

Welcome Golfers!

Grand Champions with Big Trophy

ot, hot, hot are the only words to describe the blistering play of the winning foursomes on an otherwise mild day at the Turkey Creek Golf Club in Lincoln, where 100 or so golfers converged on Sunday morning, September 17, 2017, in support of the ABAS Law Foundation and the 2018 Lady Barons. Seeded in flight no. 2, the grand champions, namely, Randy Kajioka, Curtis Ishii, Russell Tanihana, and Jonathan Tanihana, carded a scorching 53. That’s 19 under. The 53 is most likely* a modern-day ABAS tournament record. (*ABAS official records go back only as far as the writer’s sketchy memory.) The foursome that included Elk Grove Mayor Steve Ly and playing partners Ker Vue, Kou Xiong, and Edward Thao garnered top honors in

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flight no. 3 with a smoldering 54. The best score in flight no. 1 was a burning 59 posted by Team Fong, a three-time former grand champion (2009, 2011 and 2014), this year composed of golfers Rob Fong, Christian Fong, Jerry Way, and Chuck Baird. All three flight winners were in the 50’s! But mortal ABAS tournament golfers take heart: Rumor has it that this year’s unprecedented low scores have prompted your Rules Committee to consider adding a fourth flight—for those special golfers who have regained their amateur status less than 24 hours before the tournament starts. Sincere thanks go out to our loyal golfers, sponsors, and contributors— whose generosity enables the Foundation to carry out its charitable work for

SACRAMENTO LAWYER | November/December 2017 | www.sacbar.org

And the ball is where?

the year, including its long-standing scholarship program and the production of its new “Presents” and “Speaker Series,” which bring to the community thought-provoking speakers and events focused on matters of current concern and interest. Please visit our website at abaslawfoundation.org to learn more about our sponsors and contributors, scholarship program, and “Presents” and “Speaker Series” offerings. Finally, a special note of gratitude and congratulations to this year’s new Golf Tournament Committee Chair, Eric Dair. Well done! And special thanks to Mayor Darrell Steinberg for once again serving as our Honorary Tournament Chair. Until next time—Fairways and Greens to All.


ies of litigation a trial lawyer?

u Lawyer of the year, Real Estate Litigation,

Sacramento, 2014

u Lawyer of the Year, Commercial Litigation,

Sacramento 2010

Company Litigation, 2012, 2013, 2014 u Bet Mary J.the Burroughs is

EVENTS

Commercial Litigation, 2012, 2013, 2014 the uExecutive Director and Finance, 2012, 2013, 2014 u Litigation-Banking of the Sacramento County Litigation-Real Estate, u Bar Association. She can be 2012, 2013, 2014 contacted at mburroughs@ sacbar.org.

2017 CCBA Pfeiffer Awards to the Liebenbaums by Mary J. Burroughs

dependency and delinquency, and of California in Governmental Affairs. a legal externship with the Second “Andi attended the same law Appellate District of the California school I did, just 25 years later,” said enshleaLaw.com Court of Appeal. She transitioned the elder Liebenbaum. “I got to pres) 525-8444 C/ (916) 825-9952 F/ (916) 525-8446 into nonprofit management in the ent her with the JD when she graduareas of workforce development and ated. And now we are being honored 50 / Sacramento, CA 95814 www.genshlealaw.com environmental protection throughout together by CCBA. I don’t think a California, and led training missions father could be any prouder.” for Peace Corps personnel in Central This is the second consecutive and South America, the Caribbean, year that an SCBA member and deland the South Pacific. After nearly egate has been recognized with the 17 years, Ms. Liebenbaum took a poPfeiffer Award. In 2016, Diane n Page Ad:Wasznicky was recognized for her sition as a senior legislative1/3 analyst Andi Liebenbaum and Law Corp contributions ad in the California Assembly. Jay-Allen She cur- Eisen professional to and Lawrence F. Liebenbaum Jan/Feb 2016 issue rently MAGAZINE works for the Judicial Council leadership in family law.

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ndi Liebenbaum, chair of the SCBA Delegation to the Approval is needed to run your ad, please check appropriate box below. Conference of California Bar Associations (CCBA), was awarded the 2017 Proof OK as is CCBA Pfeiffer Award, along with her father. The award is given to delegate Correction needed attorneys who have made significant contributions to justice throughSee thea second proof law as a result of their work withOKthe with corrections Conference. ) 564-3787 JAY-ALLEN EISEN Ms. Liebenbaum and her father, Burroughs C I V I L A P P E L L AT E + W R I T + M OT I O N P R A C T I C E ar.org Lawrence F. Liebenbaum, accepted Certified Appellate Law Specialist the award at the CCBA Conference State Bar of California, Board of Legal Specialization in Sacramento on October SIGN6. Mr. DATE Liebenbaum, prior to his retirement Best Lawyers in America Northern California Super Lawyers in 2006, was a leader in immigration Past Chair, California State Bar Standing Committee on Appellate Courts law. In addition to representing inPast President, California Academy of Appellate Courts ternationally renowned film direcFellow, American Academy of Appellate Lawyers tors, cinematographers, and editors,

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he was active in the development of his field, giving lectures, writing text books, and speaking at the annual conference of the American Immigration Lawyers Association. Ms. Liebenbaum started her legal career in immigration law, environmental protection and advocacy, juvenile

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SECTION & AFFILIATE NEWS

Barristers’ Club Update by Lauren Sorokolit

Law and Motion Seminar Once again, the Barristers’ Club was thrilled to welcome Judge David I. Brown and Judge Raymond M. Cadei of the Sacramento County Superior Court Law and Motion Departments to present at the Barristers’ Annual Law and Motion Seminar. Barristers’ members gathered at Departments 53/54

where the judges addressed the fundamentals of civil motion practice in Sacramento County. The judges provided valuable information for both new and experienced civil practitioners regarding general motion practice, demurrers, and ex partes. The Barristers’ Club would like to extend its profound thanks to Judge Brown and Judge Cadei for their

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

Judge David I. Brown and Judge Raymond M. Cadei speaking at Law and Motion Seminar

insight, guidance and participation in this seminar.

Best of the Bar The Barristers’ Club would like to congratulate members Lauren Calnero, Caroline Colangelo, Kevin Davis, Steve Duvernay, Jenni Harmon, Kurt Hendrickson, Kevin Khasigian, Connor Olson, and Jake Weaver, who were named “Best of the Bar” by Sacramento Business Journal. Each attorney was nominated and vetted by a panel of their peers to earn a spot as an honoree.

Watch the Calendar for Upcoming Events Bottom L-R: Jake Weaver, Katie Nystrom, Connor Olson, Kevin Khasigian, Lauren Calnero, Jenni Harmon, Jen Duggan, & Steve Duvernay. From left, top L-R: Kurt Hendrickson, Kevin Davis, & Brandon Jack celebrate at the Best of the Bar Reception.

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SACRAMENTO LAWYER | November/December 2017 | www.sacbar.org

Please stay tuned for additional dates for upcoming MCLE seminars including the Barristers’ Deposition Strategies Seminar. We also hope you can attend the Barristers’ Annual Voting Social.


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Yoshinori H. T. Himel

EVENTS

is President of the ABAS Law Foundation. He can be contacted at YHimel@ LawRonin.com.

Documentary and Panel Pit Injustice against Constitution by Yoshinori H. T. Himel

H

ow can the Constitution protect us against our government’s worst injustices? That question, raised in this year’s Muslim-targeting travel ban cases before the U.S. Supreme Court, came up on September 23 at the Crest Theatre in the Sacramento premiere of the documentary “And Then They Came for Us.” The film’s title recalls German cleric Martin Niemöller’s lament that he had failed to speak out for other groups the Nazis took away, and that when they came for Niemöller nobody was left to speak for him. The film drew parallels between the campaign of fear and hatred that culminated, during World War II, in the government’s incarceration of the entire west coast Japanese-American community in American concentration camps, and today’s official demonization of people including refugees, immigrants, Mexicans, and Muslim-Americans. After the film, former KXTV anchor Sharon Ito moderated a panel discussion with social justice filmmaker Abby Ginzberg, the film’s producer-director; UC Davis law professor and for-

Moderator Sharon Ito, and panelists Abby Ginzberg, Cruz Reynoso, Mia Frances Yamamoto, & Basim Elkarra

mer Justice Cruz Reynoso; Los Angeles criminal defender, Vietnam Veteran, and transgender activist Mia Frances Yamamoto; and Council on American-Islamic Relations-Sacramento Valley Executive Director Basim Elkarra. The event drew an audience of almost 800 people including Chief Justice Tani Cantil-Sakauye and Mayor Darrell Steinberg. Reynoso addressed the constitutional protection question by saying that in times of war or serious national crisis, the country does not

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apply the Constitution to everybody equally. During the job crisis of the Great Depression, Reynoso said, many blamed their own unemployment on Mexican-Americans, leading the government to exile or “repatriate” entire Mexican-American communities, including their U.S. citizen members. Reynoso’s own birth family, with three young U.S. citizen children, ended up in Mexico. But now, Reynoso said, with neither a war nor a great national crisis, people in the White House nonetheless campaign against people of other races or religions. He referred to the saying in Faust that “freedom has to be remade and re-earned in each generation,” and said we must re-earn our freedom now. The documentary juxtaposed openly racist wartime images of Japanese-Americans, to narration by today’s Japanese-Americans about the wartime failures of political leadership. It contrasted happy-posed propaganda photos of imprisoned Japanese-Americans, against Dorothea Lange’s photos of Japanese-Americans’ resilience and resistance to the government’s destruction of their lives. It put propaganda cartoons of stereotypical Japanese “en-


Moderator Sharon Ito and Mayor Darrell S. Steinberg

emies” attacking and kidnapping white women, next to footage of American soldiers carrying away an elderly and infirm Japanese-American woman. The film also exposed propagandistic language, with community icons like lawyer Dale Minami and Reverend Sab Masada criticizing the use of falsely mild words, like “relocation” and the legally inapplicable euphemism “internment,” to hide the ugly reality of

mass incarceration, without cause or process, in concentration camps. Moderator Ito, in the panel discussion, told of being a reporter in Los Angeles in the 1990s when the executive producer ordered her to change “concentration camps” to “internment camps.” Yamamoto, who in her words was “born doing time” in the Poston concentration camp, recalled being told by her mother, “you will not call it relocation or internment. You will call it what it was: military prisons and concentration camps.” Filmmaker Ginzberg said, “we hear from Japanese Americans, it’s time to reclaim the language to describe our experience.” Speaking to those who might inadvertently fall back on the euphemisms, she said, “I’ve retrained myself. It’s doable.” Dissent and resistance to the wartime incarceration were central to the film. It told the story of Fred Korematsu’s resistance during his wartime court case, against public vilification as a “Jap spy” and against the wishes of his fright-

Panelist Mia Frances Yamamoto, filmmaker Abby Ginzberg, & Chief Justice Tani CantilSakauye

ened birth family, and his renewed resistance in the coram nobis litigation. In the 1983 Korematsu decision, the Northern District of California found that the Justice Department had lied to the Supreme Court on the incarceration’s stated basis: the alleged danger of espionage in the Japanese-American community, not factually supported but refuted by J. Edgar Hoover’s FBI and the other investigating agencies. The film showed the government’s perpetration of a misphrased and Continued on page 33

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Justin D. Hein is Vice

SECTION & AFFILIATE NEWS

Administrative Law and Public Law Sections’ Joint Mixer Celebrates Collaboration by Justin D. Hein

President of Operations and Marketing at Simas & Associates, Ltd. He can be contacted at jhein@simasgovlaw.com.

and engaging members of the Sacramento legal community who share closely aligned practice areas – within, before, or against administrative agencies of government. Both sections are interested in the way new legislation or regulations impact the functioning of state and municipal government. This overlap prompted a previous panel discussion cohosted by the two sections and the Environmental Law Section on the (upcoming) regulations concerning medical Public Law Section members Katherine Killeen, Raiyn Moore, Sandra Talbott, & Alison Leary

On

September 21, 2017, the SCBA’s Administrative Law Section and the Public Law Section hosted a joint mixer for their members at Ella Dining Room & Bar. The mixer was an opportunity to spend time greeting

Zachary Schultz (L) presents recognition to Heather Cline Hoganson (R)

and recreational cannabis. The Administrative Law Section took the opportunity to honor one of its most dedicated members, former SCBA President, Heather Cline Hoganson, for her service as a section officer – Secretary/Treasurer (2001) and Chairperson (2002-2003, 2012-2013), and as an Executive Committee member (2004-2011). During her time as a section leader, Hoganson helped grow the section to over 100 members and to sustain it, comingling administrative law attorneys from both sides of common disputes addressed in the practice area. “The section would not be where it is today without Heather,” explained Chairperson Zachary Schultz. “She has kind of served as a mentor to each of [the executive officers of the section] in helping make sure that we engage our membership and achieve the mission of the section.” The mixer was a success, and both sections hope they can continue to collaborate on events and topics for discussion.

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SACRAMENTO LAWYER | November/December 2017 | www.sacbar.org


Documentary and Panel Pit Injustice against Constitution Continued from page 31 irrational “loyalty” questionnaire upon the prisoners, resulting in dissent by 12,000 (one-tenth of the imprisoned population) from telling the government what it wanted to hear. It showed the punishment of the dissenters in the Tule Lake Segregation Center, where prisoners were subjected to further punishments without cause and without due process. But during the war, just as Niemöller had failed to speak out in Nazi Germany, few non-prisoners spoke out for the innocent imprisoned Japanese Americans. Muslim leader Elkarra noted the few voices against the wartime incarceration, including Quaker groups and the Northern California ACLU. He contrasted and praised many communities’ willingness today to stand together in airports against the Muslim entry ban. He called out members of Sacramento’s Japanese-American community as early and steadfast supporters of justice for Muslims. As Minami said in the film, after 9/11 Japanese-American groups were the first to reach out to Muslims, telling them “we’ve been through this before.” Also unlike Niemöller’s silence, the September event brought support from a broad coalition of individuals and groups including Japanese-American, Muslim, LGBTQ, Latino, Jewish, African-American, women’s, South Asian, legal, legal services, educational, medical, cinematic, journalism, labor, public interest, international humanitarian, and voter-participation. At tables after the panel discussion, organizations offered numerous ways to speak out. A sampling: presenting Unity Center Classroom programs; writing Modoc County not to destroy the Tule Lake concentration camp; facilitating an LGBT Community Center peer group; teaching a high school class session on a law-related topic; doing art, lobbying, or letter writing

for Amnesty International; registering voters or high school pre-voters; training as a legal observer with the National Lawyers Guild; youth voice organizing with Restorative Schools; training on Bystander Intervention with CAIR. Organizing the event were the ABAS Law Foundation as part of its

2017 Speaker Series; CAIR-SV; the Cruz Reynoso Bar Association; the Florin and Sacramento Chapters of the Japanese-American Citizens League; the Northern California Time of Remembrance Committee; the Restorative Schools Vision Project; SacLEGAL; and the Sacramento Asian Pacific Film Festival.

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SCBA Annual Meeting Honoring Distinguished Attorney of the Year Justice Arthur Scotland

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