Contra Costa Lawyer, November 2015

Contra Costa

LAWYER

BENCH/BAR

Volume 28, Number 6 | November 2015

NOVEMBER 20152

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Contra Costa CoUntY Bar assoCIatIon CONTRA COSTA LAWYER 3

Your membership helped us accomplish so much this year:

z In collaboration with our 19 sections, we offered more than 100 programs. This year’s events included our 4th Annual Law Practice Management Series along with numerous network-ing mixers and other social events.

z In addition, we offered self-study opportunities to earn legal education credits and worked with our partner organizations to offer member discounts to outside MCLE events. Our annual MCLE Spectacular on November 20 once again features top-notch speakers and presenters, including U.S. Congressman Mark DeSaulnier.

z Our Lawyer Referral & Information Service (LRIS) has exceeded our expectations this year, with over 5,500 calls resulting in client consultations.

z With your help, we offered unmatched support to our community with hundreds of free legal clinics and workshops. We continued to raise money for the Food Bank of Contra Costa & Solano through our annual Food from the Bar competition and with the help of our gener-ous donors, we supported the Family Justice Center’s Legal Incubator Project, raising over $38,000 in support of new attorneys.

With your support, we can offer even more opportunities for personal and professional development to members like you, and give back to the community in meaningful and rewarding ways.

Review your current membership information and make any necessary changes.

Complete the secure payment section using a major credit card, click “Submit Form” and you are renewed!

Renew early and you could win!

If you renew online and pay by November 30, you’ll be entered into a drawing to WIN A FREE 2016 CCCBA MEMBERSHIP PACKAGE!

Don’t miss this chance to get a refund of your membership dues—up to a $270 value!

Questions? Contact Jenny Comages at (925) 370-2543 or [email protected].

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Click the “Renew” link in the top right corner.

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Contra Costa

LAWYERVolume 28 Number 6 | November 2015

B A R A S S O C I A T I O N

The official publication of the

The Contra Costa Lawyer (ISSN 1063-4444) is published 12 times a year - 6 times online-only - by the Contra Costa County Bar Association (CCCBA), 2300 Clayton Road, Suite 520, Concord, CA 94520. Annual subscription of $25 is included in the membership dues. Periodical postage paid at Concord, CA. POSTMASTER: send address change to the Contra Costa Lawyer, 2300 Clayton Road, Suite 520, Concord, CA 94520. The Lawyer welcomes and encourages articles and letters from readers. Please send them to [email protected] CCCBA reserves the right to edit articles and letters sent in for publication. All editorial material, including editorial comment, appearing herein represents the views of the respective authors and does not neces-sarily carry the endorsement of the CCCBA or the Board of Directors. Likewise, the publication of any advertisement is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement.

Ericka AckeretDean Barbieri

Oliver BrayMary Carey

Wendy McGuire CoatsMichelle Ferber

CCCBA EXECUTIVE DIRECTOR Theresa Hurley | 925.370.2548 | [email protected]

CCCBA main office 925.686.6900 | www.cccba.org

2015 BOARD OF DIRECTORS

Peter HassReneé LivingstonDavid MarchianoLaura RamseyKatherine Wenger

CO-EDITORSHarvey Sohnen

925.258.9300

Nicole Mills 925.351.3171

BOARD LIAISON James Wu

925.658.0300

COURT LIAISON Stephen Nash

925.957.5600

PRINTING Steven’s Printing

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CONTRA COSTA LAWYER

Barbara Arsedo LRIS Coordinator

Dawnell BlaylockCommunications

Coordinator

Jennifer Comages Membership Coordinator

Emily Day Systems Administrator and Fee Arbitration Coordinator

Anne Wolf Education and Programs Coordinator

Nicholas Casper Elva Harding

Philip AndersenJames Wu

Stephen Steinberg

PresidentPresident-ElectSecretaryTreasurerEx Officio FEATURES

Cover Photo: Artwork piece featured in front of the Peter L. Spinetta Family Law Center in Martinez. Photo courtesy of Andrew Bach.

DEPARTMENTS 6 INSIDE | by Stephen H. Nash

7 PRESIDENT’S MESSAGE | by Nick Casper

22 2016 JUDICIAL ASSIGNMENTS

23 CENTER | BAR FUND Gala Reception [photos] MCLE Spectacular Registration

40 CALENDAR/CLASSIFIEDS

CHANGING TIMES AT CONTRA COSTA SUPERIOR COURTby Hon. Steven K. Austin, Presiding Judge

8CIVIL LAW PERSPECTIVEby Hon. Judith Craddick, Supervising Judge

CRIMINAL LAW PERSPECTIVEby Hon. John Kennedy, Supervising Judge

FAMILY LAW PERSPECTIVEby Hon. Ed Weil, Supervising Judge

JUVENILE LAW PERSPECTIVEby Hon. Thomas Maddock, Supervising Judge

PITTSBURG COURTHOUSEby Hon. Mary Ann O’Malley, Supervising Judge

RICHMOND COURTHOUSEby Hon. Barbara Hinton, Supervising Judge

2726

20

171513

GETTING TO KNOW JUDGE ANITA SANTOSby Shannon Stone, Human Resources Director

29

PROBATE PERSPECTIVEby Hon. John H. Sugiyama, Supervising Judge

19

THE $5 BABY: INTERVIEW WITH COMMISSIONER KATHLEEN MURPHYby Magda Lopez, Director of Court Programs and Services

31ADDRESSING CHRONIC ABSENTEEISM: NEW COURT PROCEEDINGSby Hon. Rebecca Hardie

33

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TRAFFIC DIVISIONby Hon. Brian Haynes, Supervising Judge

28

REDUCING THE INCIDENCE OF DOMESTIC VIOLENCE:ONE PERSON AT A TIMEby Mimi L. Zemmelman, Director, Business Planning, Information & Programs

34

GETTING TO KNOW COMMISSIONER PETER FAGANby Shannon Stone, Human Resources Director

HOMELESS COURTby Hon. Steven K. Austin

GOT JURY?by Hon. Mary Ann O’Malley

PROPOSITION 47: A VIEW FROM THE BENCHby Hon. Terri Mockler

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NOVEMBER 20156

This issue of the Contra Costa Lawyer coincides with some welcome developments at the Contra Costa Superior Court. In October 2015, Presiding Judge Austin and I announced that the court

is now able to restore some services that had been cut back in response to a series of drastic reductions in state court funding during the last few years. Services being restored include the following:

• Extending Clerk’s Office hours by two hours to 3 p.m. each business day (except for Traffic, which remains open until 4 p.m.), effective November 1, 2015.

• Reestablishing Traffic Night Court two evenings per month in Walnut Creek beginning in November. This provides an option for those who need to address traf-fic-related cases after work hours. The court intends to look for ways to extend night court to other courthouses in the county during the coming year.

• Eliminating partial court closure days. Last fiscal year, due to budgetary limi-tations, the court was closed to the pub-lic, except for minimum-required oper-ations, for four days. This partial closure allowed the court to furlough staff and reduce costs. This year, the Contra Costa Superior Court will remain open for all official court business days.

The court is able to take these impor-tant incremental steps as a result of much hard work by the bench, staff and management. As articles in this edition reflect, the court is revising operations and court services in various areas such as the manage-ment of court calendars, jury services, the court clerk’s offices, the implementation of specialty courts such as Truancy Court and Laura’s Law, and the establishment of innovative programs such as the Drug and Domestic Violence Intensive Support programs.

Through reengineering of services, the implementa-tion of new technologies and the creative redeployment of resources, Contra Costa Superior Court is finding new ways to provide the public access to justice as efficiently and effectively as possible.

These positive actions should not be understood as signaling that our court’s resource challenges are now over, though. As discussed in prior Contra Costa Lawyer articles, the Contra Costa Superior Court has experienced a drastic diminution in resources during the last few years, which have had severe impacts on court opera-

inside

tions. For example, the court employed approximately 24 percent more staff in 2008 than it currently does. The initial result of these reductions were longer lines, de-lays and filing backlogs, as well as reduced hours, fewer public windows and consolidation of services in fewer locations—including the closing of the Concord Court-house and various courtrooms.

By reengineering ways in which the court serves the public and legal professionals, we have begun to ad-dress long lines and delays in various areas such as the Civil Clerks’ Office, and the processing of traffic infrac-tions. Other areas of challenge remain, though, and we are now focusing attention on improving the utiliza-tion of jurors, improving jurors’ experience and reduc-

ing delays for family mediation services, among various other needs.

Our court staff members have been real troopers during the funding crisis, despite having been hard pressed during the last half dozen years of downsizing, furloughs and no pay increases. Howev-er, due to our staff deficit, we now have minimal backup relief staff for positions such as courtroom clerks and court re-porters. As a result, it has become much more difficult to schedule staff vacations and to cover for absences without caus-ing courtrooms to go dark.

Despite these concerns, the court’s em-ployees have been a critical ingredient in our efforts to restore services to court users. Instead of complaining, our staff has taken on the work of revamping ser-

vices and operations with great zeal and enthusiasm. But without adequate relief, staff will eventually tire.

We, like other courts, continue to pursue needed fi-nancial help from Sacramento. Whether, when and how much help might eventually come cannot be de-termined at this time. But we are not just sitting around waiting for new funding. Instead, we are working to im-prove the efficiency, effectiveness and quality of service provided to the public with the staff and money that we have. s

Stephen Nash serves as the Executive Officer of the Superior Court of Contra Costa County. Prior to his cur-rent appointment, he served as the Executive Officer for the Superior Court of San Bernardino County, and before that, as the Chief Financial Officer for the Cali-fornia Administrative Office of the Courts.

Stephen H. NashCourt Executive Officer


almost every time, yet it still grates on my nerves. As litigators are fa-miliar, attorneys give a common set of admonitions to the witness at the beginning of a deposition, setting out basic ground rules to ensure a smooth proceeding and a clean re-cord.

One of the common admonitions is to explain the difference between an estimate and a guess. Many of you know what’s coming … the darn table analogy!

It goes something like this: “If I were to ask you to tell me the length of this conference room ta-ble, you could estimate it, correct? It is in front of you and you can see it. But if I were to ask you to tell me the length of the desk in my office, you could only guess, right? You have never been in my office and you have no basis for telling me the length.”

Part of my annoyance with the table analogy is how frequently lawyers use it. Perhaps it is confir-mation bias, but I feel that the use of the device is becoming more frequent, with the probability of it being used in any given deposi-tion approaching the number one. I know it is coming, I can feel it is coming, and when it comes, aargh!

It is as if the analogy is taught in law school as one of the core te-nets of effective litigation practice: “Whenever distinguishing an esti-mate from a guess, bring up tables.”

president’s message

Nick Casper CCCBA Board President

T here are certain trivialities in life that cause my blood pres-sure to spike and my teeth to clench. They are commonly

referred to as “pet peeves,” but I prefer a nod to my Jewish ancestry with “kvetches.”

Some arise unpredictably, but with enough regularity to rise to kvetch status, such as when a pe-destrian obliviously saunters across the street with a “Don’t Walk” signal in front of my green light while im-mersed in his iPhone.

Others arise with such precision and predictability that you could set a watch to them. When I go to CVS, I know well in advance that my purchase of three items means the printer will spit out a three-foot receipt, yet the needless waste still aggravates me.

Or, as soon as I say, “Add guaca-mole,” my pulse quickens in antici-pation of the inevitable “Guacamo-le is extra, is that okay?” The extra charge for guacamole is on the giant sign behind you! Also, it is 2015. We all are aware of the volatile global avocado economy and understand that guacamole is extra.

My law-related kvetch falls more into the second category: It happens

My other issue is that it seems wholly unnecessary. A simple “Do you understand the difference be-tween an estimate and a guess?” or better yet, “Don’t guess,” would seem to take care of the rule. We don’t provide a cute, pithy analogy for the other ground rules that are equally straightforward.

Perhaps my kvetch is simply grounded in other inscrutable fac-tors. Maybe it is the reflexive man-ner it is given. Maybe it is the insin-uation of arrogance by the lawyer, communicating, “Not only do I have my own office, but I have a glorious desk, the length of which you could never fathom. Oh, and it is walnut with mahogany inlay.”

Maybe it is that I have sat in many depositions and am search-ing for gripes. I recognize that this is likely a “me problem.”

What are your law-related kvetches? I am sure you have some. What they are exactly, I would not deign to guess. s

As an associate with Casper, Mead-ows, Schwartz & Cook since 2007, Nick Casper represents injured individuals in cases involving cat-astrophic injury, wrongful death, medical malpractice, employment discrimination/harassment and civil rights violations. Nick has been lead counsel in five civil jury trials.

A Legal Kvetch

NOVEMBER 20158

CHANGING TIMES

Hon. Steven K. AustinPresiding Judge

I can’t believe my first year as presiding judge is almost over. It has been a busy year filled with new challenges and in-

teresting issues. After years of dev-astating budget cuts, we’ve received slight increases in our budget allo-cation for the last two years.

Combined with the operational efficiencies we have been able to achieve, these modest increases have given us the luxury of plan-ning for ways to restore critical ser-vices and better meet the needs of the attorneys and litigants in our county.

Determining how to manage our caseload with fewer courtrooms and bench officers has been challeng-ing, because making changes in one area inevitably affects other areas of the court. Despite these challenges, we are making progress. I’d like to highlight some of the changes that have already happened and pro-vide a preview of things to come.

Closing the Concord location and limiting the Walnut Creek Court to all but traffic cases turned out to be an effective way to address that caseload, but the impact of transfer-ring all of the Central County crimi-nal misdemeanor cases to Martinez has been substantial.

This influx of cases generated massive criminal calendars and overcrowded courtrooms. Earlier this year, we addressed this prob-

lem by moving all misdemeanor pretrial matters handled by private defense attorneys from Martinez to our Pittsburg Courthouse. This sim-ple move has helped reduce court-room congestion and eased the bur-den on attorneys and their clients.

The court has had to make chang-es in our Civil Division as a result of eliminating Commissioner Sanders’ civil ex parte motion, civil harass-ment Temporary Restraining Order (TRO) and name change calendars. With her departure, these matters were moved to 10 a.m. in the Com-plex Litigation Department in Mar-tinez for triage and reassignment to other Civil Departments.

Unfortunately, that arrangement created confusion for attorneys and litigants, and a great deal of extra

work for Judge Judy Craddick and the other overburdened civil judg-es. To tackle this unintended conse-quence, we moved name changes to the Probate Department, created a new civil harassment and TRO calendar that Commissioner Low-ell Richards hears every afternoon, and assigned a second clerk to help self-represented litigants.

Happily, the end result provides better service to the public, and places less of a burden on our civil judges and attorneys.

More changes are coming next year. Our addition of a part-time judge to the Family Law Division helped us address the worst of the impacts suffered as a result of the elimination of the court’s family law courtroom in Pittsburg, but it hasn’t been enough to begin to meet the needs of family law litigants.

I’m happy to report that we have figured out a way to restore a full-time family law courtroom in Pitts-burg by January 2016.

Changes are in the works for the Civil Division as well. I am pleased to announce that beginning next year, we will be able to redirect enough judicial resources to create a new department that will take on some of the civil caseload, while also allowing lengthy probate trials to be conducted without interrup-tion, something that we couldn’t do in the past.

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We are also excited about two new programs that are starting this month. Judge Rebecca Hardie will be conducting a Truancy Court tar-geted at changing parental behav-iors when parents fail to get their kids to school. (Please see Judge Hardie’s article on page 31.)

Also, I will be presiding over a new calendar to implement Laura’s Law. This calendar will be aimed at creating and monitoring voluntary treatment programs for people with psychiatric disabilities who have fallen through the cracks of our cur-rent system.

These are just some examples of what we are doing to rebuild our court. It’s an exciting time of change and renewal that will lead to better and more efficient service for everyone. s

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O ur Presiding Judge, Ste-ven Austin, recently an-nounced the judicial as-signments for 2016. The

Civil Division judges will remain the same. Judge Barry Goode will continue on the complex litigation calendar, and Judges George Spanos, Jill Fannin and I will remain hear-ing general civil calendars. Effective January 2016, Judge Ed Weil will di-vide his time between general civil and probate. This is very exciting and welcome news for all of us.

We have been searching for ways to improve services and shorten time delays which, due to the gover-nor’s budget cuts, resulted from the loss of our discovery commissioner and one civil judge. Currently, our three general civil judges are man-aging over 1,000 cases each (which includes law and motion matters, discovery, etc).

As a consequence, litigants are experiencing increasingly long de-lays in scheduling hearing and trial dates. The addition of Judge Weil will assist us greatly in addressing this backlog, and we are looking for-ward to formulating the best plan on how to utilize his talents. Be-

Hon. Judith CraddickSupervising Judge

CIVIL LAWPerspective

fore his appointment to the bench, Judge Weil practiced civil law for many years, so, fortunately, he does not need to “learn” the Civil Divi-sion.

As civil trial judges, one of our foremost goals is to set law and mo-tion hearings within 30 days of fil-ing the motion, to set cases for trial as early as the litigants desire and to actually have the trials go forward when they are set.

Toward that end, our bench offers a suggestion for getting smaller or less complex matters to trial quick-ly: Request that the case be set un-der the “Expedited Jury Trials Act.”

This process will not only get your case to trial earlier, it is faster and is an opportunity for newer attorneys desiring to gain trial experience.

Although we do not tell you as often as we should, we are eternal-ly grateful to the CCCBA and those attorneys who generously give their time in innovating and imple-menting educational and numer-ous court programs that benefit the entire community, your clients, the Bar Association and the court.

Absent the Bar volunteers who contribute many hours settling cases by serving on our mediation, arbitration, neutral case evalua-tion, “day of trial” settlement men-tor and discovery facilitator panels, not even the additional “one-half” judge would keep us from being up to our proverbial “eyeballs in alliga-tors.” Your hard work, diligence and concern is a demonstration of your dedication to your clients and pro-fession. s

year in review


year in review

Hon. John KennedySupervising Judge

CRIMINAL LAWPerspective

T he Criminal Courts of Con-tra Costa County continue to thrive despite the ongoing impact of budget cuts. This

is made possible only because our judges, courtroom clerks, court re-porters and bailiffs, along with the entire court staff and management, have worked tirelessly, efficiently and conscientiously for years.

In 2014, the District Attorney’s Of-fice filed 4,130 felony complaints countywide, up from 3,902 in 2013. The 7,985 misdemeanors filed in 2014 was down from the whopping 10,366 misdemeanor cases filed in 2013, but was closer to the number of misdemeanor filings in 2012. The huge increase in filings in 2013 was due largely to “the bulge” of back-logged misdemeanor cases filed in the fall of that year.

In 2014, we tried 137 felony jury trials, including 11 homicide cases, 33 sexual assault cases and nine gang cases. This is not just a sub-stantial increase from the 120 felo-ny jury trials in 2013; it is our largest number of felony trials in the last seven years.

On the misdemeanor front, we tried 189 jury trials throughout the county, which again marks a return to our normal pace from last year’s unusually high 254 misdemeanor jury trials.

Our calendar departments con-tinue to do the heavy lifting of managing our cases from filing to trial. We are fortunate to have an experienced and talented group of trial judges, consisting of Judges Bruce Mills, Laurel Brady, Diana Becton, Barry Baskin, Ben Burch, Penny Scanlon, Lewis Davis and Clare Maier.

Any one of these versatile judges can handle the most complex and challenging criminal cases tried in our county. They are all willing to pitch in to take on everything from misdemeanors to murders, motions to writs and sexually violent preda-tors to Lanterman-Petris-Short Act cases.

Judge Terri Mockler, well known for handling heavy calendars, is an ideal judge to run our criminal cal-endar. She performs magic every day by juggling arraignments, pre-trial hearings and innumerable pre- and post-trial motions to keep the felonies on track to a plea or trial.

Judge Mockler applies her wise judgment to the plea bargaining process, ensuring that cases are re-solved fairly and consistently, and keeps our trial calendars manage-able.

Judge Trevor White is in charge of our eclectic specialty courts, su-pervising our Drug Courts (Propo-sition 36, Felony Alternative Drug Sentencing and Intensive Support Program), Behavioral Health Court, Elder Court, domestic violence cases and probation revocation cases.

He applies his calm and thought-ful demeanor to these sensitive and challenging collaborative courts. Judge White also hears the bulk of the substantive post-preliminary hearing motions in felony cases, where his analytical skills are put to good use.

Judge Cheryl Mills presides over our busy arraignment and misde-meanor pretrial calendar in Marti-nez. She sets the bail in most of our Central County felonies and misde-meanors, and in the in-custody ar-raignments on Pittsburg felonies.

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Judge Mills oversees the preliminary hearing calen-dars in Martinez and implements our new pretrial re-lease program, applying evidence-based factors to the decisions whether to release a defendant pending trial and, if so, what conditions to place on any such release. In her spare time, Judge Mills also conducts all of the public defender pretrial hearings from Central County.

Judge Bruce Mills, in addition to trying a staggering number of jury trials, handles our misdemeanor mo-tions, felony evidentiary motions, misdemeanor proba-tion revocations and restitution hearings in Martinez. Judge Mills’ extraordinarily efficient calendar manage-ment skills also allow him to try all of our Family Court contempt cases.

We are fortunate to have the continued help of retired Commissioner Stephen Houghton in managing our pa-role revocation and post-release community supervi-sion revocation hearings. These calendars were added to our workload by AB 109, which moved parole revoca-tion hearings from the Parole Board to the courts.

We also appreciate the ongoing contributions of our retired colleagues who find time to sit on assignment whenever we need them. Judges John Minney, Garrett Grant, Mike Coleman, John Allen, Joyce Cram, Peter Berger, Peter Spinetta, Barbara Zuñiga and David Flinn are regular visitors. We enjoy receiving the fruits of their vast experience, and the pleasure of seeing our former colleagues.

We have instituted a number of new programs in criminal cases over the last year. When the voters passed Proposition 47, converting many of the lower level drug and theft felonies to misdemeanors, we had about 24 hours to implement these changes. In the grand tradi-tion of cooperation among our justice partners in Contra

Costa County, we sat down with the District Attorney’s Office and the Public Defender’s Office.

Together, we hashed out a process for addressing the most pressing cases, those in which defendants were likely entitled to immediate release from custody due to the reduction in their charges or sentences, and han-dling the remaining cases on a prioritized basis. Judge Terri Mockler held her first Prop. 47 calendar three days after the legislation was enacted, and has worked her way through the majority of eligible cases.

Although largely invisible to the attorneys, we have moved our search warrant processing into the 21st cen-tury. We are now able to receive, review and authorize search warrants over the Internet. If you notice that a judge’s signature on a search warrant looks like the judge signed it with a large crayon, that is because we are signing with our fingers on an iPad.

Given McNeely (DUI blood draws) and Riley (cell phone searches), this technology enables us to evaluate the ever-increasing number of search warrant applica-tions more expeditiously, which comes in handy at 4 a.m.

We value our relationship with our criminal justice partners, who work with us to address any challenge brought by legislation, budget cuts or caseloads. Our District Attorney’s Office, Public Defender’s Office, Al-ternate Defender’s Office, Criminal Conflict Panel and members of the Bar Association are always willing to find ways to work with the court to fashion solutions, improve efficiency and bring cases to just resolution. s

Criminal Law,

cont. from page 11

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year in review

Hon. Ed WeilSupervising Judge

FAMILY LAWPerspective

W hile this year has not been one of great changes in the Fam-ily Law Division, we

have seen some new personnel and experienced a small expansion in our available resources. Happily, there is a bit more to come.

In January, we welcomed Judge Leslie Landau to family law. She dug into her caseload with enthu-siasm, and has proven that she is a quick study.

We also received a “new” family law judge in the person of Judge Anita Santos, formerly DCSS Com-missioner Santos. She was replaced as commissioner by another “new” face, former Lead Family Law Fa-cilitator Kathleen Murphy. Both of them hit the ground running.

Combined with Judge Christo-pher Bowen and Judge Susanne Fenstermacher’s continued service in the Family Law Division, we have a great balance of seasoned and fresh outlooks.

Fortunately, we have made a modest recovery from our budget-ary nadir. The Clerk’s Office has re-stored some of its filing hours, we will soon gain nearly half of one full-time custody recommending

counselor, and we have restored one assistant family law facilitator position.

Due to special funding provided by the Judicial Council, we are also able to have court-provided inter-preters in all family law matters, not just domestic violence cases. Thus, our ability to serve the public has made some welcome gains, at least relative to the recent past. (Sorry, but we don’t expect to see the return of court reporters in family law any-time soon.)

With the assistance of the volun-teer attorneys coordinated by Sha-ron Raab and CCCBA’s Family Law Section, we have been able to con-tinue operating our very successful double pro-per settlement confer-ences. The services of these expe-rienced volunteer attorneys has helped many parties reach agree-ments, and improved the process of entering judgments.

I often tell litigants that they are receiving assistance from expe-rienced attorneys who normally charge several hundred dollars an hour for their services. I ask them to thank the volunteer attorneys be-fore they leave, whether or not they settle their case.

I extend my personal thanks, and the thanks of my colleagues, to all the attorneys who take time off from their busy practices to spend an afternoon helping the court and the litigants.

Looking forward, next year should bring more improvement. Presiding Judge Steve Austin has converted the current 60 percent Family Law Department (presided over by Judge Fenstermacher) to full time, bringing us to five family law judges and the AB 1058 com-missioner.

Next year will also see the return of a Family Law Department in the Pittsburg courthouse, ably staffed by Judge Santos. Cases will be as-signed to Judge Santos based on their docket number, not based on the geographic location of the par-ties or counsel.

As usual, there will be some changes in judicial personnel. Judge Fenstermacher and I will leave for other assignments, to be replaced by Judge John Cope and Judge Terri Mockler.

Both of them have a criminal law background, and are known for

NOVEMBER 201514

their strong work ethic and sound judgment. They will bring a new-comer’s enthusiasm to the job, and are already studying hard for the new assignment.

As much as I truly have enjoyed family law, I’ll be moving to a com-bined civil and probate assignment next year. I’ll miss the challenging issues of the Family Law Division, and the knowledge and collegial-ity of CCCBA’s Family Law Section. Nearly every day presents new is-sues ranging from the purely finan-cial to the deeply personal.

Judge Christopher Bowen will be supervising judge, and his experi-enced hand will keep everything running smoothly. s

Family Law,

cont. from page 13


Hon. Thomas MaddockSupervising Judge

JUVENILE LAWPerspective

year in review

Contra Costa Superior Court conducts all of the Juvenile Dependency Hearings (W&I sec. 300, et seq.) and all of the Juvenile Delinquency Hear-ings (W&I sec 600, et seq.) for cases arising within

our jurisdiction. I am supervising judge and the other judges assigned to the Juvenile Division are: Hon. Lois Haight, Hon. Rebecca Hardie, Hon. John (Jack) Laettner and Hon. Theresa Canepa.

Judges Maddock, Haight, Hardie and Laettner hear both dependency and delinquency cases in downtown Martinez. Judge Canepa hears all the delinquency cases at the Juvenile Hall, also in Martinez. Due to budget cuts, we no longer have a judicial officer hearing cases in the Richmond or Pittsburg courthouses. In January 2016, Judge Canepa will leave the Juvenile Division and Judge Susanne Fenstermacher will take over the Juve-nile Hall assignment.

Juvenile dependency cases are confidential, and the attorneys are required to undergo specialty training in order to practice this complex area of dependency law. The trials are all bench trials. The goal of these cases is to return the child safely to his or her family. Many times, that goal can’t be accomplished.

In those instances, the court seeks the best permanent plan for the child that will provide a secure and safe family, for life. Adoption by a loving family is the first

choice for a permanent plan, followed by guardianship and finally long-term foster care. The Bureau of Children and Family Services investigates all dependency cases, and helps the parents and the child by making referrals to services that are designed to reunify the family.

The court can also appoint a Court Appointed Special Advocate (CASA) to work directly with the child to help him or her deal with the trauma and stress the child has endured. CASAs are trained and responsible adults whose efforts can be critical to the success of many chil-dren. The court encourages responsible adults to volun-teer to become a CASA.

Juvenile delinquency cases are usually confidential, but any case that involves a serious charge as defined in Welfare & Institutions Code Section 676 is open to the public with some limited exceptions. Delinquency pe-titions involve allegations that the minor committed a crime, either a misdemeanor or felony. The petitions are subject to bench trials only. If the allegations are found to be true, then the court must examine the best plan to ensure the rehabilitation of the minor.

Possible outcomes include returning the minor to the custody of his or her parents with conditions of proba-tion that may include an ankle GPS monitor, or removal of the minor from his or her parents and placement in a foster home, the Juvenile Hall or the Orin Allen Youth

NOVEMBER 201516

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Rehabilitation Facility (the Ranch). In very serious cases, the youth may be committed to the California Department of Corrections and Rehabilitation’s Division of Juvenile Justice (DJJ). Traffic infractions are handled by the traffic commissioners.

During these difficult budget times, our Probation Department has been able to keep open our county’s outstanding boys’ ranch in Brentwood, the Orin Allen Youth Rehabilitation Facility. This won-derful program provides schooling, substance abuse treatment and therapy for boys. Boys in this program also get use of the excellent library facilities and new vocational programs. This is an important resource for rehabilitation. It makes a difference in the lives of our young wards.

Our Youthful Offender Treatment Program for boys (YOTP) and our Girls in Motion Program for girls (GIM) operate in separate secure units in Juvenile Hall.

These programs continue to provide an important rehabilitative resource for our young wards while also protecting the community. Boys and girls in these programs receive cognitive behavioral thera-py and gain other important tools so they can make the best use of a second chance to succeed. s

Juvenile Law,

cont. from page 15


Hon. John H. Sugiyama Supervising Judge

PROBATE Perspective

year in review

I n January 2016, Judge Susanne Fenstermacher will leave the Probate Divi-sion for an assignment with the Juvenile Division. Judge Ed Weil will join the division on a 50 percent assignment, with the rest of his time designated for the Civil Division.

Courtroom Clerk Shannon Perry, Probate Examiners Linda Suppanich and Eri-ca Gillies, Research Attorney Janet Li and Bailiff Melissa O’Reilley will continue as the invaluable core of the division.

Let’s now turn to the future. Chief Justice Tani Cantil-Sakauye has established a Commission on the Future of California’s Court System. The commission will study and recommend initiatives to serve the state’s diverse and dynamic popu-lation by focusing on:

1. Improving systems for the effective adjudication of cases.

2. Achieving sustainable fiscal stability for the branch.

3. Employing modern technology to enhance public access to court services.

The commission will assess the obligations of the courts and the current man-ner in which they are being discharged. It will also address whether any sys-temic changes can ensure that those obligations are better met.

The goal of the commission will be to recommend ways in which the core re-sponsibilities of the judicial system can be achieved effectively and fairly, taking into account the demands and opportunities of the 21st century. To do so, the commission will solicit ideas from a spectrum of sources and will consider sug-gestions to make certain that the delivery of justice is responsive to the needs of all.

In preparation for the work by the commission, the Judicial Council directed a survey on various facets of the state’s judicial system. The survey results are con-tained in a February 2015 document entitled “Feedback on Potential Efficiencies for the California Judicial Branch.”

Among the many hundreds of comments received, some of the ones relevant to probate practice are as follows:

1. “Allowing objections to be made at the initial hearing consumes a lot of un-necessary time. Consideration should be given to separating: (1) contested cases not involving pro per participants, in which pre-hearing objections would be required to be filed so that the initial hearing could be devoted to resolution of disputed matters where feasible; and (2) cases involving pro

NOVEMBER 201518

per participants, in which help could be provided to resolve defects in papers before the initial hearing.”

2. “Increased assistance should be provided to litigants without attorneys in Guardianship and Conserva-torship cases.”

3. “Probate procedure is very difficult to understand for the nonspecialist. The ... lack of access to basic in-formation on all aspects of managing a simple pro-bate or will contest or trust renders the work more expensive than it should be.”

4. “Most trust/estate disputes that arise to the level of litigation are based on misunderstandings between family members that respond well to expert ... me-diation. Provide information to family members for early mediation, well before hearings and outside the courthouse, with trained ... mediators whose fo-cus and expertise is trust/estate matters and resolu-tion within family parameters, not litigation.”

5. “If estates are above a certain amount, appointment of a non-professional trustee or executor should re-quire the appointee to attend a brief training class ... So many trustees and executors know so little about

their duties, and this leads to problems resolving the estate matters. In matters involving trusts for dis-abled persons, family members who assume trustee duties often know very little about proper disburse-ment.”

6. “There are many pro per cases. Appearances by pro per litigants clog up the system because they use more court time than most uncontested attorney filed cases. The judges try to give enough educa-tion from the bench to move a matter forward but not keep the rest of the courtroom waiting. That is a tough line to draw.”

7. “Create some sort of statewide forms generation portal.”

8. “The California court system should have a unified e-filing system, e-service system and unified web access to court pleadings, public documents, court calendars and tentative rulings.”

9. “Hear more motions and other types of proceed-ings on the papers only and let judges and respec-tive staff usher those papers and decisions through an electronic system that does not require hearing

dates.”

10. “Change the law regarding publishing notice of probate to al-low notice to be published online, so that any creditor or other interested person may easily look up whether a probate petition has been filed for a particular decedent.”

11. “Can greater use of videoconfer-encing be employed for hearings?”

12. “All counties should scan their documents so that files may be re-viewed online and printed without further assistance by court clerks.”

13. “Access to probate case informa-tion should be facilitated through the creation of an automated, cen-tralized statewide database.”

Do any of these matters affect your practice? Can you think of addition-al matters that may be of concern to others? What will probate practice be like for you 15 to 20 years from now? Perhaps we could begin a con-versation now. s

Probate,

cont. from page 17

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year in review

After many years of presid-ing over felony trials in Martinez, I am thrilled to be supervising in our rel-

atively new and beautiful Richard E. Arnason Justice Center.

I remember attending the ground-breaking on December 12, 2008. I was proud to preside over the grand opening ceremony in 2010 when I was the presiding judge, and I still have the gold shovel and hard hat from that event in my chambers.

We had many dignitaries attend the ceremony, including Pittsburg City Council members, the mayor of Pittsburg, Chief Justice of the Su-preme Court Ronald George, and most importantly, Judge Richard Arnason himself.

It was a wonderful day for Judge Arnason as well as our legal com-munity. I have known and respect-ed Judge Arnason all my legal life and I am honored to be here.

Currently the following judges are assigned to Pittsburg: Hon. Mary Ann O’Malley, Hon. Steve Treat, Hon. Brian Haynes, Hon. Judy

Hon. Mary Ann O’MalleySupervising Judge

PITTSBURG COURTThe Arnason Justice Center

Johnson, Hon. John Cope and Com-missioner Lowell Richards.

Lisa Swafford is our court admin-istrator assisted by Court Manager Suzi Dailey. Both do a wonder-ful job ensuring everything runs smoothly.

Sergeant Garibay oversees our court security and ranger staff. He and his staff keep us safe and do an excellent job handling our in-custo-dy defendants. Our Court Probation Officer is David LeDee, one of the best probation officers I have ever worked with.

In all, we have 19 clerical staff who handle the public business at the windows, the behind the scenes work (which is endless), and all the courtroom duties. I am constantly amazed at how they are able to get all the work done before the day’s end.

Plus, they are so courteous and professional in doing so. This is especially true even after we vol-unteered to take on all the private counsel pretrials from Martinez. I am repeatedly told by private coun-

sel how appreciative they are for all the help they receive from our bai-liffs and court staff.

Cases heard in Pittsburg include: Misdemeanor and felony criminal cases from arraignment through jury trial; domestic violence and civil harassment restraining order hearings; small claims; unlawful detainer cases and traffic cases.

During Fiscal Year 2014-2015, the Pittsburg Court received over 4,500 new filings in the Felony/Misde-meanor Criminal Division alone. These numbers represent a slight decrease from the year before.

Even though Commissioner Low-ell Richards is only in Pittsburg for the morning calendar, he was re-sponsible for hearing 22,500 traffic cases, 1,740 unlawful detainer cases and 936 small claims cases. s

NOVEMBER 201520

The George D. Carroll Court-house currently has five judges and one commis-sioner. The judges include

Hon. Danielle Douglas, Comm. Peter Fagan, Hon. Joni Hiramoto, Hon. Nancy Stark and myself. We also have a vacant judicial position to which a visiting judge is assigned each week.

We have been very fortunate to have many wonderful and talented retired judicial officers who have readily and effortlessly conducted trials and preliminary hearings, and handled heavy arraignment calen-dars.

In mid-April, we bid Commission-er Lowell Richards a fond farewell

Hon. Barbara Hinton Supervising Judge

RICHMOND COURTThe George D. Carroll

Courthouse

when he was reassigned to preside over matters in Martinez, and we welcomed Commissioner Peter Fa-gan, who handles the traffic, un-lawful detainer and small claims calendars.

While we miss Comm. Richards’ presence, we are quite pleased with Comm. Fagan’s smooth and seam-less transition into his new assign-ment. Comm. Fagan has vast experi-ence in several areas of the law.

Special thanks is extended to the amazing volunteer attorneys who sit pro tem when needed; and to Tom Cain and other volunteer me-diators from the Congress of Neu-trals who dedicate their time and expertise in resolving many unlaw-ful detainer, small claims and civil harassment matters.

In late May of this year, Barbara Richmond, the court services ad-ministrator, retired after 23 years with the court. Richmond had worked in each courthouse dur-ing her tenure, and returned to the George D. Carroll Courthouse in No-vember 2014.

Richmond was a stalwart leader, and was greatly admired for her ex-tensive knowledge of the court sys-tem and her compassion towards those lucky enough to work with her. Karen Cardinale succeeded Richmond as the new court services administrator, and is performing ex-ceptionally well in her new role.

This courthouse continues to be busy. Since January 18, 2015, one felony and 47 misdemeanor trials have taken place. Multiple trials have been assigned out but did not conclude due to subsequent resolu-tion both prior to and after a jury be-ing sworn.

The Arraignments Department is traditionally a bustling place, and continues to have the heaviest cal-endars. While there seems to be a comparable amount of new crimi-nal filings this year, the number of preliminary hearings that are heard has significantly decreased.

The reduction in preliminary hearings may be attributed to the advent of Prop. 47 (with certain previous felonies now being filed

year in review


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as misdemeanors), and the early resolution of cases. This sharp de-cline was noted beginning in early March of this year.

Due in part to the reduction of preliminary hearings, the staffing in the courthouse will be reduced from five to four judges effective mid-January 2016. Judge Nancy Stark will be transferring to the Richard E. Arnason Justice Center. Judge Stark will be missed, as she has made a valuable contribution to the administration of trials and preliminary hearings over these last three years.

We will continue to have visiting retired judges covering the vacant seat until the highly-anticipated and long-awaited appointment oc-curs.

Certain changes have been made to modernize the courthouse. To ad-dress the long lines that form at the Clerk’s Office filing windows, the Q-matic number assignment system was implemented in mid-Septem-ber to help reduce the wait time and streamline the filing process.

This system, which has already been running at three other court-houses in the county, is an efficient means of providing services to con-sumers.

Plans are underway to install ki-osks in Jury Services to expedite the check-in process. A big screen televi-sion has recently been mounted in the Jury Services room, and an up-dated DVD will be played providing guidance in navigating though jury duty.

Work on the courthouse facility, initiated by Hon. Leslie Landau, continued this year. The windows have now been treated and prop-erly sealed, the interior of the court-house was recently painted and the parking lot has been slightly modi-fied to better demarcate parking for courthouse staff and the public.

I am looking forward to another year at the George D. Carroll Court-house. I have been impressed with the wonderful staff that makes this courthouse a very special place to work.

Despite the unrelenting number of cases that are filed, and the ac-companying large workload, staff members are professional, collegial and delightful. s

NOVEMBER 201522

Superior Court of Contra Costa County

2016 JUDICIAL ASSIGNMENTS

Steven K. Austin

Presiding Judge

Jill Fannin

Assistant Presiding Judge

Supervising Judge: John W. Kennedy

� Judge Diana Becton � Judge Charles “Ben” Burch � Judge Barry Baskin � Judge Laurel S. Brady � Judge Lewis A. Davis � Judge John W. Kennedy � Judge Clare Maier � Judge Trevor White

MARTINEZ PITTSBURG

RICHMOND

Traffic

Probate

(Martinez)Civil

(Martinez)

Juvenile

(Martinez)Criminal Calendars

(Martinez)

Family Law

(Martinez)Criminal Trials

(Martinez)

Supervising Judge: Christopher R. Bowen

� Judge Christopher R. Bowen � Judge John C. Cope � Judge Leslie G. Landau � Judge Terri Mockler � Commissioner Kathleen Murphy (DCSS)

� Judge Theresa J. Canepa (Specialty Courts)

� Judge Bruce C. Mills (Wakefield Taylor Bldg.)

� Judge Cheryl Mills (Calendar) � Judge Patricia Scanlon (Calendar)

Supervising Judge: Thomas M. Maddock

� Judge Susanne Fenstermacher (Juvenile Hall)

� Judge Lois Haight � Judge Rebecca Hardie � Judge John Laettner � Judge Thomas M. Maddock

Supervising Judge: Judith Craddick

� Judge Judith Craddick � Judge Jill Fannin � Judge Barry P. Goode (Complex Lit.)

� Judge George V. Spanos � Judge Edward G. Weil (50%)

Supervising Judge: John H. Sugiyama

� Judge John H. Sugiyama � Judge Edward G. Weil (50%)

Supervising Judge: Mary Ann O’Malley � Judge Brian Haynes � Judge Judy Johnson � Judge Mary Ann O’Malley � Judge Anita Santos (Family) � Judge Nancy Davis Stark � Judge Charles “Steve” Treat

Supervising Judge: Brian Haynes

� Commissioner Peter Fagan (Walnut Creek/ Richmond)

� Commissioner Lowell Richards (Pittsburg/ Martinez)

Supervising Judge: Barbara C. Hinton

� Judge Danielle Douglas � Judge Barbara C. Hinton � Judge Joni T. Hiramoto � Vacant (D2)


Martin Johnson and Hon. David Hunter (Ret.)

GALA RECEPTION

in support of the

FAMILY JUSTICE CENTER'S

Legal Incubator Project

Thursday, October 1, 2015 Lafayette Park Hotel

Susun Kim, Executive Director, Family Justice Center

Comm. Josanna Berkow (Ret.)

Ora Prochovnick and Mika Domingo

Hon. Richard Flier (Ret.)

Jeffrey Thayer and Nick Casper

For more photos, visit our Facebook page at

facebook.com/CCCBA!

Stephanie Meyer, Renee Haase and Roxanne Ayala

NOVEMBER 201524

Last Dance, Last Chance: Using the “Settlement-Mentor” Program to Settle Cases on the Eve of TrialSpeakers: Hon. Laurel Brady, Contra Costa Superior CourtJohn Cavin, Esq., Hoge Fenton Jones & AppelBeth Mora, Esq., Mora Employment LawMalcolm Sher, Esq., 4 Mediated Solutions

Perfecting (and Imperfecting) the Record at Trial: Anticipating the AppealSpeakers: Justice Mark B. Simons, First District Court of Appeal, Division 5Gary A. Watt, Partner/Certified Appellate Specialist, Archer NorrisDon Willenburg, Partner, Gordon & Rees, LLP

Slamming the Brakes: Dealing with a Bankruptcy FilingSpeakers: David A. Arietta, Esq., Law Office of David A. AriettaScott Jordan, Dunning Law FirmM. Jeffrey Micklas, Law Offices of M. Jeffrey MicklasLeo Spanos, Staff Attorney, Office of Martha G. Brontsky, Chapter 13 Trustee

Premarital Agreements: What to Cover, Uncover, Protect & ProvideSpeakers:Terence Daniel Doyle, Esq., Doyle Quane Family Law GroupVirginia Palmer, Esq., Wendel Rosen Black & Dean, LLPDiana E. Richmond, Esq., Sideman & Bancroft, LLPModerator:Anne Freeman, Esq., Sideman & Bancroft, LLP

How to Open a Law Firm: Tips and Tricks for Solos and Small FirmsSpeakers:Heidi Coad-Hermelin, Esq. Ann M. Dalsin, Esq.William A. Hickey, Esq. Andrew J. McCall, Esq. David S. Pearson, Esq.

Secrets Revealed by Plaintiff’s Attorneys, Defense Attorneys and Mediators: Tips on How to Make Mediation SuccessfulSpeakers:Hon. Lynn Duryee (Ret.), JAMSMary E. Alexander, Mary Alexander and Associates, PCSarah F. Burke, Burke ADRWilma J. Gray, McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLPJordan M. Rojas, Berding & Weil, LLPModerator: Gina D. Boer, Haapala, Thompson & Abern, LLP

2 Hours General MCLE CreditCo-sponsored by CCCBA and its ADR and Litigation Sections

The Sequel: Your Brief as a Best Selling NovelSpeakers: Claudia Hagadus Long, Attorney/MediatorWendy McGuire Coats, McGuire Coats, LLP

Restorative Justice and Non-violent Communication: Powerful ADR Models for Settling Conflicts in Law and LifeSpeakers: Hon. Rebecca Hardie, Contra Costa Superior CourtFania Davis, J.D., Ph.D., Co-Founder/Executive Director, Restorative Justice for Oakland YouthKiki Ingram, Probation Supervisor, Contra Costa CountyMiki Kashtan, Co-Founder/Lead Facilitator, Bay Area Nonviolent CommunicationModerator:Barbara Bryant, Esq.

Two Entrepreneurs Walk Out of a BarSpeakers:D. Benjamin Borson, Ph.D., Borson Law Group, PCRoger J. Brothers, Esq., Buchman Provine Brothers Smith, LLPChris Covington, Covington Business LawMichelle Ferber, Ferber Law, APCKent C. Parr, Esq., Law Office of Kent C. Parr

Elder Law: Civil vs. Probate ... Deciding the Proper ForumSpeakers:Hon. Joyce Cram (Ret.)Maria I. Lawless, Evans, Latham & CampisiJon Vaught, Vaught & Boutris, LLP

A Judge’s Perspective on What Convinces Juries and Judges in Employment CasesSpeaker:Hon. Harold Kahn, San Francisco Superior CourtModerator:Jessica Braverman, Braverman Mediation & Consulting

Hashing Out the Details: Taxes, Real Estate and Cannabis in CaliforniaSpeakers: Fredrick A. Hagen, Berding & Weil, LLPMatthew Kumin, The Law Offices of Matthew Kumin

2 hours General MCLE Credit

Co-sponsored by CCCBA and its

Alternative Dispute Resolution, Criminal

Law and Juvenile Law Sections

CONCURRENT MORNING SEMINARS

9:45 – 11:45 am | Registration 8 – 9:45 am

CONCURRENT AFTERNOON SEMINARS

1:45 – 3:45 pm | Registration 8 am – 1:45 pm

MCLE Spectacular!SEMINAR #1

SEMINAR #2

SEMINAR #3

SEMINAR #4

SEMINAR #5

SEMINAR #6

SEMINAR #7

SEMINAR #8

SEMINAR #9

SEMINAR #10

SEMINAR #11

SEMINAR #12

2 Hours Appellate Specialization MCLE Credit Co-sponsored by CCCBA and its Appellate Section

2 Hours General MCLE Credit

Co-sponsored by CCCBA and its Bankruptcy Law Section

2 Hours General MCLE CreditCo-sponsored by CCCBA and its Family Law Section

1 Hour Ethics and 1 Hour General MCLE CreditCo-sponsored by CCCBA and its Solo/Small Firm Section

2 Hours General MCLE CreditCo-sponsored by CCCBA and its Women’s Section


Sponsored by CCCBA

1.5 Hours General and 0.5 Hours Elimination

of Bias MCLE CreditCo-sponsored by CCCBA

and its Business Law Section


Co-sponsored by CCCBA and its Elder

Law, Estate Planning & Probate and Litigation

Sections


Co-sponsored by CCCBA and its Employment

Section


Co-sponsored by CCCBA and its

Taxation and Real Estate Sections

FRIDAY, NOVEMBER 20, 2015WALNUT CREEK MARRIOTT


AM Seminars (9:45 - 11:45 am) - Choose One

#1 Using the "Settlement-Mentor" Program 2

#2 Perfecting (and Imperfecting) the Record at Trial 2

#3 Slamming the Brakes: Dealing with a Bankruptcy Filing 2

#4 Premarital Agreements 2 #5 How to Open a Law Firm: Tips and Tricks for Solos 2

#6 Tips on How to Make Mediation Successful 2

PM Seminars (1:45 - 3:45 pm) - Choose One

#7 The Sequel: Your Brief as a Best Selling Novel 2

#8 Restorative Justice and Non-violent Communication 2

#9 Two Entrepreneurs Walk Out of a Bar 2

#10 Elder Law: Civil vs. Probate 2

#11 A Judge's Perspective on What Convinces Juries/Judges 2

#12 Taxes, Real Estate and Cannabis 2

Breakfast Buffet Kickoff Only $45 members | $55 non-members $55 | $65 1

Luncheon Only NY Strip Steak Salmon Vegetarian $55 members | $80 non-members $65 | $90 1

Afternoon Plenary Session Only $35 members | $40 non-members $45 | $50 1

REGISTRATION FOR THE 11/20/2015 MCLE SPECTACULAROnline Visit the event calendar on our website, www.cccba.org, and download the interactive PDF registration form. You can email the completed form to Anne Wolf at [email protected]. Fax Complete the form below (one for each attendee) and fax to (925) 686-9867. Mail Complete the form below (one for each attendee) and mail to CCCBA, 2300 Clayton Rd., Ste. 520, Concord, CA 94520

To enjoy special pricing, Register before November 6 For Day of Event registrations, please add $25 for each full-day package or $10 per seminar to the "After 11/6" pricing.

Individual Seminars & Rates Fee After 11/6

Full-Day Package Includes breakfast, lunch, choice of one morning and one after-noon seminar, afternoon plenary session, plus all workshop ma-terials and a Self-Study MCLE article on a take-home flash drive.Your morning seminar choice: #_________

Your afternoon seminar choice: #_________Your Lunch Choice: NY Strip Steak Salmon Vegetarian

Fee after 11/6 $195 CCCBA & ACBA Members $220

$110 CCCBA Student Members $125

$295 Non-Members $320

Total $ Credits

PLEASE PRINT (Each attendee must submit a registration form):

Name: ACBA Member

Email: Phone: You will receive an email confirmation. Please note: Event materials will be available online, not at the event.

State Bar #: Please let us know if you have special needs:

Please charge to my: VISA MC AmEx Discover # Exp. Date:

Signature: Check Enclosed

Cancellations must be received by November 13 or registrants will be subject to full charge. Substitutions permitted at any time.For further information, contact Anne Wolf at (925) 370-2540 | [email protected] | fax (925) 686-9867

The Contra Costa County Bar Association is a State Bar of California MCLE approved provider. (Provider #393)

Total

Each Seminar:$65 for CCCBA & ACBA Members $20 for CCCBA Student Members $85 for Non-Members

Each Seminar:$75 $30 $95

NOVEMBER 201526

I n 2015, we said goodbye to Commissioner Ronald Creighton (retired), and hello to Commissioner Peter Fagan, who is assigned to the Walnut Creek Court in the morning, and the Richmond Court in

the afternoon.

Comm. Richards now hears Pittsburg cases in the morning. His afternoon calendar in Martinez is an eclec-tic mix that includes name changes, small claims and unlawful detainers.

Traffic matters changed at the state level. The Judi-cial Council recently adopted California Rule of Court 4.105(c), which outlines when a defendant is required to deposit bail prior to a court appearance. Immediately thereafter, our court made necessary changes to ensure compliance with this Rule.

The court is currently in the first few months of a legislatively-re-quired statewide Amnesty Program, which offers to those that meet spe-cific criteria, a 50 to 80 percent re-duction in outstanding fines and fees. The intent of this program is to provide relief to individuals who qualify and have found themselves in default of a court-ordered debt obligation.

One important difference be-tween this Amnesty Program and the one in 2012 is that defendants may now set up a payment plan for the reduced amnesty total, and any

Hon. Brian HaynesSupervising Judge

TRAFFICDivision

hold on their driver’s license will be released. Also, if de-fendants are deemed to be in good standing on a current payment plan, they can have their license reinstated immediately.

Another continuing area of focus for the Traffic Divi-sion is helping defendants better understand their op-tions once they have received a citation. We have modi-fied our courtesy notices to add options such as how to set up a payment plan. We also explain what will occur should no action be taken by the defendant on their ci-tation. The court has also updated the self-help website related to traffic matters.

We are pleased to report that the Centralized Traffic Unit is staying current on citations entered into the case management system once the notice is received by po-lice agencies. This has decreased the long lines at each of our Traffic Court locations, and has significantly low-ered the number of phone calls received at our call cen-ter.

While I remain the Supervising Judge of the Traffic Division, the most important work is performed by our

dedicated staff members. This year brought with it the most signifi-cant changes in traffic-related law in many years, and I would be lost without the professional and cre-ative input of Kate Bieker, our dep-uty executive officer.

Bieker and all of the Traffic Unit staff have worked tirelessly to im-plement recent changes mandated by the Judicial Council and the legislature. I am confident these changes will result in better access to justice for all members of our community. s

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Getting to Know Judge Anita

SANTOS by Shannon Stone

Anita Santos is a judge of the Contra Costa Superior Court. She was appointed by Governor Edmund G.

Brown Jr. on December 12, 2014, after serving for two years as the court’s child support commissioner.

Judge Santos’ grandparents im-migrated to the United States from the Cape Verde Islands, which are located in the central Atlantic Ocean off the coast of Western Af-rica. Residents of these islands have both Portuguese and African roots.

The youngest of three children, Judge Santos was born at Clark Air Force Base in the Philippines, where her father was stationed. As a child, she lived in the Philippines, Japan and later in the Midwestern United States. She ultimately set-tled in Fairfield, California, where she lives with her husband of 20 years, Mitch Celaya, and their four children.

Given her nomadic childhood, Judge Santos is adaptable and has performed various roles in her ca-reer. After she completed her Juris Doctor at Hastings College of Law, Judge Santos worked as a police of-ficer with the City of Concord.

She then moved on to become a deputy district attorney in Contra Costa County, where she served

for 11 years. In 2012, Judge Santos joined the Contra Costa Superior Court as child support commissioner.

When asked about the difference between serving as a judge and court commissioner, she noted that while there are many similarities between the two, the responsibili-ties of a judge are much greater.

As a family law judge, her as-signment is broader and she has more cases. Serving as a judge also provides her both the opportunity and responsibility to participate in court leadership and community outreach.

Judge Santos spends her free time with her family, requiring her to keep an “insane pace.” This includes travelling, attending activities with her children, caring for elderly parents and building a new house with an in-law unit for her mother.

Judge Santos looks forward to be-ginning her assignment as the fam-ily law judge assigned to the Pitts-burg Court. s

Shannon Stone is the Human Resources Director of the Superior Court. She originally joined the court in 2012 as a legal research attorney. She previously worked as an attorney practicing general civil litigation and family law.

NOVEMBER 201528

Getting to Know Commissioner PeterFAGANby Shannon Stone

Peter L. Fagan is a commis-sioner with the Contra Cos-ta Superior Court. He joined the court in April 2015 and

is presiding over the traffic, small claims and unlawful detainer cal-endars in Walnut Creek and Rich-mond. Beginning in November 2015, he will also be presiding over the court’s new Traffic Night Court calendar two evenings per month in Walnut Creek.

Comm. Fagan was born in Key West, Florida, where his father worked for Westinghouse and his mother was a homemaker. He calls Bloomington, Indiana, his home-town, which is where he attended high school and completed his un-dergraduate degree in business.

Comm. Fagan had known since grade school that he wanted to be a lawyer and, shortly after graduat-ing from Indiana University, he en-rolled in the University of San Di-ego School of Law. After graduation, he joined the Navy and its Judge Advocate General Corps (JAG).

He was initially stationed in the Philippines and quickly learned everything from criminal defense to international law. He also had the opportunity to meet and nego-tiate deals with U.S. and foreign of-ficials—included among these was

his pelota partner, Fidel V. Ramos, who later became the 12th presi-dent of the Philippines.

He next served on the aircraft carrier U.S.S. Constellation. As the ship’s only attorney, he was asked to work on assignments ranging from criminal investigations to war planning. He also served as general counsel for the ship’s commander.

One case that Comm. Fagan finds memorable is when he was asked to defend the commander of the air-craft carrier off the coast of Oman in an international criminal case aris-ing out of an accident between the carrier and a Bangladeshi freighter. The commander was acquitted. Years later, while serving as the vice chair of naval affairs, the former commander hired Comm. Fagan to serve as his general counsel.

Comm. Fagan also served as legal and legislative counsel for two dif-ferent secretaries of the Navy, and attended the National War College, earning a Master of Science in na-tional security strategy. He later moved to San Diego and was as-signed to serve as the head of the Joint Legal Services Office, which provided criminal defense and gen-eral legal assistance for local Navy and Marine service members.

His final assignment was as the supervising judge for the Navy and Marine Corps Trial Judiciary, where he presided over misdemeanor and felony trials. During his tenure, Comm. Fagan was designated a na-tional security judge. Although he retired before any tribunals were convened, he had been screened to preside over military tribunals in Guantanamo Bay.

After retiring from the Navy, Comm. Fagan opened a private practice in San Diego, advising de-fense contractors on State Depart-ment regulations and practiced in real estate and family law media-tion.

In 2003, he also began working with the San Diego Superior Court as a pro tem judge in small claims, juvenile and traffic cases as well as family law settlements.

Comm. Fagan has been married for 38 years and has six children and three grandchildren. s

Shannon Stone is the Human Resources Director of the Superior Court. She originally joined the court in 2012 as a legal research at-torney. She previously worked as an attorney practicing general civil litigation and family law.


Interview with Commissioner

Kathleen Murphy

THE $5 BABY

by Magda Lopez

I recently had the pleasure of sitting down with our Child Support Commissioner, Kath-leen Murphy, to ask her a few questions. I hope you will enjoy her answers as much as I did.

Tell me a little bit about your past—where were you born?My dad was in the Navy and my mom is from Berkeley. I was born at the Naval Hospital

in Oakland. My mother keeps reminding me that I was a $5 baby—and then they got a $2.50 refund when I left the hospital. My family moved east when I was about two years old. I lived in central New Jersey, where I attended a Polish grammar school (I can say my prayers in Polish). When I was starting my sophomore year in high school, my dad was hired as the administrator of the new hospital being built in Saranac Lake, New York (in the Adirondacks near Lake Placid), so I finished high school in that very small town.

I understand you were a nurse before you became a lawyer.Actually, I didn’t start out to be a nurse. I went to college at Fordham. After my freshman

year, I worked at an emergency room and decided I really enjoyed the work. I then trans-ferred over to Mt. Sinai and graduated with a B.S. in nursing.

What was your first job out of college?I worked for The Visiting Nurse Service of New York in the early 1970s. I was assigned to

work in Harlem and the South Bronx. Among other things, I taught diabetics how to inject themselves (this was back in the day when you had to boil your needles). I visited new moms and taught them how to bathe their babies, gave people vitamin B-12 shots and changed colostomy bags. I really liked work-ing with the people, but I had to give it up when I started having kids.

After my fourth child, I went to work at an oncology ward in New Jersey. Then I had my fifth and last kid and moved to Massachusetts. At that point I got into selling real estate. The things you have to do to sell a house; suf-fice it to say that there are lots of Kathleen Murphy me-morial chandeliers in Massachusetts.

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NOVEMBER 201530

Have any interesting stories from those days?

Well I do remember meeting a couple from California who said they wanted “an older home.” I showed them some lovely homes from the 1700s. Turns out what they meant was that they wanted a tract house from the 1950s!

At some point you must have switched to law?

One day I was driving around with my real estate business part-ner—we were arguing about some-thing—and in the middle of our discussion, he looked at me and said, “You should have been a law-yer.” This was the exact same thing my parents always said to me, so I thought “maybe he’s right.” He drove me to Northeastern Univer-sity and we got the LSAT paperwork that same day.

How was law school?During my first year of law school,

my husband got a job in California. He moved in the middle of the year while I went to school, took care of the kids and sold the house. When I finally got to Concord, it was 104 de-grees the day we moved in. Shortly thereafter, I took BART to the Uni-versity of San Francisco, where it was 55 degrees—nothing can pre-pare you for that!

You made it through law school—and then what led you to family law?

I was trying to figure out what I wanted to do—med mal? Real es-tate? Insurance defense? At some point, I took a community property class that I thought was really in-teresting. Then I found an intern-ship at a family law firm in Walnut Creek (thank you, John Manoogian).

I ultimately decided that family law was the perfect fit for me: Real estate issues, one-on-one work with people and lots of problem-solving.

After graduation, I accepted a job with Peter Lowenstein’s firm. He was very pleased to learn that be-fore I could start work, I would have to serve as a juror in a three-week murder trial in Judge (now Justice) Mark Simon’s department.

I was elected foreperson of that jury and learned more about crimi-nal law in those three weeks than I ever did in law school. I got my bar exam results during the trial and ev-eryone on the jury was very happy for me—it was sweet.

Rumor has it that you’re a sports fan.

I love watching the Warriors and the Oakland A’s. Harrison Barnes is my favorite player because he is such a decent guy. Much as I love basketball, though, if I am not watching it at the arena, I have

to record it and watch afterwards. Otherwise, I get so involved in the game that my heart starts pounding too hard.

What’s your favorite guilty pleasure?

I watch “The Walking Dead.”

What is one thing that most people don’t know about you?

My sisters and I used to sing. We were known as “The Murphy Sis-ters” and sang folk and pop—back then I even played guitar. s

Madga Lopez joined the Contra Costa Superior Court after 20+ years in civil practice. As the Director of Court Programs and Services, her responsibilities include supervi-sion of all aspects of family law, the legal research attorneys, alter-native dispute resolution programs and the interpreters.

The $5 Baby,

cont. from page 29

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Addressing Chronic Absenteeism: New Court Proceedings

I n December 2013, Chief Justice Tani Cantil-Sakauye, Attorney General Kamala Harris and leaders of oth-er organizations convened a statewide summit to address the issue of chronic absenteeism and tru-

ancy in California public schools.

Chief Justice Cantil-Sakauye called on every county’s superior court to designate one juvenile court judge to attend and be responsible for convening a local work-ing group to combat the problem. I agreed to represent the Contra Costa Court, and joined representatives from the District Attorney’s Office, Public Defender’s Office, Contra Costa County Office of Education, Probation De-partment and other contributors to the juvenile justice system in Contra Costa County.

While presiding over juvenile delinquency and de-pendency matters since January 2013, I have learned firsthand how devastating it is when children do not succeed at school. In juvenile dependency cases, I en-counter children of all ages who come from homes with issues of substance abuse and domestic violence. Lack-ing consistent schedules around bedtime, someone to help with homework and someone to get them to and from school, these children often fend for themselves.

As a result, these children typically have high rates of absenteeism, truancy and behavioral issues. I have no-ticed many of the same issues of poor school attendance. These children are often truants, have extensive school disciplinary records, lag far behind in school credits and turn to drugs and alcohol.

Students learn to read by the third grade. Experts tell us, however, that students who are chronically absent (missing 10 percent or more of school for any reason, ex-

cused or unexcused) in kindergarten and first grade are less likely to read proficiently by the third grade.

As they get older, these students often have lower sixth-grade test scores, are less likely to be literate, to be chronically absent and have disciplinary issues at school. Chronic absence in the sixth grade is the most predictive indicator that a student will not graduate from high school.

According to statistics provided at the summit, Contra Costa County ranked fourth in the state, out of 58 coun-ties, in elementary school truancy rates. The summit brought the issues of chronic absenteeism in our county into sharper focus for all of us who care about juvenile justice.

by Hon. Rebecca Hardie

NOVEMBER 201532

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Until there’s a cure, people with the disease will need caregiving and legal advice. According to the Alzheimer’s Association, approximately one in ten families has a relative with this disease. Of the four million people living in the U.S. with Alzheimer’s disease, the majority live at home — often receiving care from family members.

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Since the summit, we have formed a local workgroup that includes rep-resentatives from community ser-vice organizations, various school districts, the County Office of Edu-cation, the District Attorney’s Office and Probation. This group has for-mulated a more comprehensive and holistic plan to address chronic ab-senteeism and truancy for children enrolled in kindergarten through seventh or eighth grade.

Currently, there is only one court proceeding a month to address ha-bitual truancy. This court proceed-ing is a School Attendance Review Board (SARB), which the student (regardless of his or her age) and a parent are required to attend.

Starting in October 2015, the court added a bimonthly truancy court calendar for parents charged by the District Attorney’s Office for failing to ensure their child’s regular at-tendance in school. This process is modeled after Alameda County’s Parent Truancy Court.

In this court, parents are referred for services that can help the fam-ily to remove barriers to their chil-dren’s regular school attendance. These parents are then required to return to court every four to six weeks so that the court may moni-tor their children’s attendance.

If the parent successfully par-ticipates in the process and demon-strates that he or she is able to guar-antee daily attendance, the case will be dismissed.

Every child in California has the right to an education. Recognizing our role in ensuring that each child has the opportunity to succeed and reach his or her potential, the Con-tra Costa County bench is commit-ted to addressing the issue of chron-ic absenteeism and truancy in our jurisdiction. s

Chronic Absenteeism,

cont. from page 31

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Reducing the Incidence of Domestic Violence: One Person at a Timeby Mimi L. Zemmelman

The Contra Costa Superior Court is pleased to an-nounce that we have for-mally launched a second

Intensive Support Program (ISP) for felony and misdemeanor domestic violence offenders who have been assessed at medium to high risk of reoffending.

The success of the Domestic Vio-lence Intensive Support Program (DV ISP) is due, in large part, to the leadership of Hon. Trevor White, the dedication of our extraordinary partners in the Public Defender’s Of-fice, District Attorney’s Office, and County Probation departments, and our new court Case Coordinator, Katherine Webster. This new pro-gram is funded by a two-year grant from the Judicial Council’s Recidi-vism Reduction Grant Program.

The goal of this program is to help stop domestic violence by enhanc-ing available treatment programs, assigning mentors who will pro-vide participants with one-on-one support and making appropriate referrals to public and community programs that can meet offenders’ additional service needs.

Participation in this new program is voluntary. At their first meeting, Webster talks with DV ISP partici-pants about issues they may have regarding their living, working or family life situation, and helps each person develop a statement of per-sonal goals and an individual ser-vice plan to address their needs.

As participants progress in their treatment program, pursue service referrals and accumulate a network of individuals who agree to sup-port them in their efforts, they can receive transit passes to help them make their various appointments, and tangible acknowledgment for their success in moving through program phases in the form of small vouchers that include food, cloth-ing and essential household items.

In the event participants do not follow their individual service plans or reoffend, they can face sanctions such as performing com-munity service or serving brief peri-ods of time in custody.

The DV ISP is modeled on proven program models established by the National Association of Drug Court Professionals (NADCP). The NADCP has been able to show, through rig-orous program evaluation nation-wide, that when a judge supervises their progress, abusive/addicted of-fenders are six times more likely to stay in treatment long enough for them to get better.

Implementation of these models in any court, therefore, rely on a set of core components including:

1. Regular Court Review: Parolees or probationers are required to report to the Friday DV court calendar as appropriate to their individual circumstances and progress in the program.

2. Supervision by a Probation Of-ficer: DV court probation offi-

cers monitor compliance of the terms of probation.

3. Batterer’s Intervention Program Attendance: Tailored to address high-risk offenders, attendees complete a court-ordered 52-week batterer’s intervention program.

4. Individualized Services: All of-fenders are linked to other sup-portive services such as alcohol and substance abuse counsel-ing, mental health treatment, employment assistance, health care services and other ancil-lary services to address individ-ual offender needs.

5. Sanctions and Rewards: A schedule of sanctions and in-centives are used to increase ac-countability and compliance.

6. Successful Completion or Ter-mination: The criteria for com-pletion includes a requirement for completion of treatment and reduced risk as measured at treatment completion.

For more information on these programs in general, visit: http://www.nadcp.org/. For more infor-mation about our local program, contact Katherine Webster at [email protected] or (925) 957-5642. s

Mimi Lyster Zemmelman is the Director of Business Planning, In-formation and Programs, and the court’s Public Information Officer.

NOVEMBER 201534

F or the last eight years, on the second Thursday of each month, I pack up my robe and nameplate. Then, my clerk, Annie Young, my bailiff, Patrick Snider, and I all head over to the Homeless Shel-

ter on Arnold Industrial Way in Concord to conduct the Contra Costa Community Homeless Court.

If you’ve never been to the shelter before, you might miss it in an area of light industrial buildings on the north side of Highway 4. Like the shelter on Brookside in Richmond, this shelter has the capacity to serve over 160 men and women. Over the course of a year, these buildings provide shelter and services for all too many residents of our county.

As I walk through the parking lot outside the shel-ter, I’m almost always greeted warmly by residents. Of-ten, somebody breaks into a rendition of “Here comes the judge! Here comes the judge!” Once we get into the building, it’s a short walk to the courtroom past some do-nated couches where people sleep.

This courtroom looks a little different from the one I usually sit in. Most of the time, it serves as the shelter cafeteria. My bench is a little folding table at one end of the room next to the formica counter in front of the open kitchen. By the time we get there, the room is already packed with anxious court participants, each of whom has been individually recommended by a counselor, case manager or social worker who has witnessed that person’s constant endeavors to break out of homeless-ness.

Almost every participant I encounter has spent hun-dreds of hours doing whatever it takes to get back on their feet. They have completed lengthy drug or alcohol treatment programs, job training classes, anger manage-

Hon. Steven K. Austin Presiding Judge

ment courses and mental health counseling sessions. By sticking with their programs and maintaining their diligent efforts, these men and women have made it to a point where they can once again live a normal life with a home, a job and a family.

One big barrier stands in the way, however. While living on the street, people who are homeless are often cited for minor infractions such as panhandling, jay-walking and drinking in public. If they have a car, they often get tickets for driving without a license or failing to maintain insurance.

If these tickets aren’t addressed right away, penalty fines and civil assessments are added to the initial bail amount. Having just a few of these tickets can quickly result in thousands of dollars of debt. When the debt isn’t paid, driver’s licenses get suspended, and it can be-come impossible to secure housing and other benefits.

Homeless Court can play a vital role in these indi-viduals’ lives, because the significant time people have spent in their treatment programs can be recognized as an offset towards their outstanding debt, thereby vali-dating their hard work and determination to improve their lives.

In most cases, all of a person’s outstanding ticket debt can be satisfied. Once the fines are no longer due, partic-ipants can often get their driver’s licenses renewed and get on track for a new job and a new home.

People are so thankful for having the weight of this debt lifted, and for the freedom to get on with their lives. Most of them have lived with this burden for years. They often don’t believe it really happened. Sometimes they shed a few tears. Sometimes the judge does too. s

Homeless Court

Photo courtesy of the Contra Costa Homeless Program.


CONGRATULATIONS to This Year’s BAR FUND Recipient:

Family Justice Center’s Legal Incubator ProjectThanks to the generous sponsors, Gala Reception attendees, silent auction winners and other donors, the CCCBA was able to raise $38,500 for the Contra Costa Family Justice Center’s Legal Incubator Project. Your generosity will enable the FJC to support new attorneys in getting their practices off the ground while they give pro bono time to the clients of the Family Justice Center.

Mentors are still needed for the Legal Incubator Project in various practice areas. To get involved, please contact Susun Kim at (510) 965-4949.

Thank you to the sponsors of this project:

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As chair of the court’s Jury Committee, I have impor-tant information to share about exciting changes

we are making to improve jurors’ experience in Contra Costa County.

First, we are in the process of mi-grating our computer-based juror management system to the web. Soon, jurors will be able to access more information online and, in turn, give us more information re-garding their service, allowing our court staff to work more efficiently and to move us closer to a paperless process.

In addition to saving us time and money, it will enable staff to focus on providing better service for our jurors and helping trial departments with their jury needs. This system will also allow us to keep accurate statistics so that we can assess the needs of our jurors and continue to improve our system in the future.

Second, our jury assembly rooms are getting a much needed facelift. Three new large TVs have already been installed in Martinez. Rich-mond will soon have a new TV and

Hon. Mary Ann O’MalleySupervising Judge

GOT JURY?

Pittsburg’s TV will finally be fixed. We have also ordered new chairs with plugs for electronic devices that are on the way.

When jurors report for duty in any of our court locations, they will find that the check-in process is much faster when they use one of the new airport-style kiosks, and they will be treated to an inspiring video about our CASA program, which will hopefully enlist future volunteers.

Once they are installed this fall, these kiosks will reduce long lines and allow jurors needing assistance to be helped quickly.

Lastly, we are changing the man-ner in which we summon jurors. Instead of sending out a long docu-ment with a portion to be separated and mailed back to the court, we will be using a postcard.

The postcard will direct jurors how to respond online or, if need be,

by phone. This change will reduce costs to the court and make it much easier for jurors to report for duty.

We will also be shortening the time it takes to get jurors to the courtroom by updating and im-proving our general questionnaires, and asking jurors to complete their questionnaires online rather than in the jury room or hallway of the courthouse.

Jury staff can then send the com-pleted questionnaires electronically to the appropriate courtroom clerk once the juror has been assigned to a department, and provide counsel with a copy of the completed ques-tionnaire that they can actually read.

The major highlights I have pointed out here are only a few of the improvements you can expect to see over the coming months. I know how excited you must be to receive your jury summons in the mail! See you in court. s


Proposition 47: A View from the Bench

by Hon. Terri Mockler

Last November, California voters passed Proposition 47—the Safe Neighborhoods and Schools Act—which

amended numerous statutes that define various theft-related and drug possession offenses.

For example, Proposition 47 con-verted straight possession of drugs (regardless of the type of drug) and various theft-related offenses in-volving a loss under $950 to misde-meanors.

Additionally, the Proposition created a process for recalling and resentencing people who had ei-ther served or were presently serv-ing a sentence for an offense now deemed to be a misdemeanor. This part of the Proposition is codified in a new statute, Penal Code section 1170.18.

Typically, a proposition that in-volves substantial changes to the law includes a provision that the

changes are prospective and do not go into effect until a defined future date. That period, usually a few months, is used by courts and agencies affected by the changes to develop and implement the pro-cedures and protocols necessary to effectively address changes in the law.

There was no such provision in-cluded in Proposition 47. Instead, all of the changes became effective on November 5, 2014—the day af-ter the Proposition passed. Contra Costa Superior Court did its best to develop and institute procedures necessary to implement the legal changes, and held the first Propo-sition 47 calendar on November 7, 2014, just two days after the law be-came effective.

I was designated to preside over the first Proposition 47 resentenc-ing calendar, and continue to pre-side over a weekly calendar hearing these cases.

The emphasis was on providing immediate relief under the new law to folks then in custody. The Contra Costa County Public Defender’s Of-fice, the District Attorney’s Office and the Sheriff’s Office all worked hard to ensure that as many people as possible who were eligible for a reduction in charges and were in custody would get the benefit of this new law. There were many happy people that day.

However, after the euphoria of those first few days dissipated, the challenges the court would face implementing the new law became all too apparent. For example, the texts of the Proposition and of Penal Code section 1170.18 do not address, or even contemplate, some of the complexities that have since arisen.

In addition, the language pro-vides no guidance to the courts in how to determine the value of a loss in theft matters, or whether the law required reductions and resen-

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tencing on a single count when the defendant was convicted of other counts not eligible for relief on the same pleading.

Further, the new law makes no reference to plea bargained dispo-sitions for a reduction of serious charges in exchange for a state pris-on sentence on a lesser charge—in-cluding the very offenses intended to be ineligible for reduction (like robbery, residential burglary, car-jacking and possession for sale of drugs).

That omission is particularly prob-lematic since the majority of crimi-nal matters are resolved through these negotiated dispositions, which are entered into after victims of the criminal conduct have had an opportunity to provide their in-put on the proposed disposition.

While many of these issues were eventually decided by the appellate courts, those decisions did not start coming until nearly the end of April 2015—six months after the law’s ef-fective date and after hundreds of petitions for reductions had been granted.

When the appellate courts dis-agreed with the trial court’s deci-sions on these unsettled issues, the cases had to be heard all over again. There could be yet more rehear-ings if the California Supreme Court modifies those intermediate appel-late decisions.

As I look back on the first 10 months in a post-Proposition 47 world, I am struck by how ill-suited the Proposition system is to address-ing complex criminal justice issues, and how difficult it is for judges to tease from ambiguous words, si-

lence and lofty goals, the practical rules they must apply.

However unintended some of the consequences, the Act did accom-plish some of what it set out to do, releasing hundreds of people from prisons and jails. The Act as stated in the voter’s pamphlet, shows what people wanted:

“The people enact the Safe Neigh-borhoods and Schools Act to ensure that prison spending is focused on violent and serious offenses, to maximize alternatives for nonseri-ous, nonviolent crime and to invest the savings generated from this act into prevention and support pro-grams in K-12 schools, victim ser-vices, and mental health and drug treatment. This act ensures that sen-tences for people convicted of dan-gerous crimes like rape, murder and child molestation are not changed.”

The primary purpose of the Prop-osition was to divert money from corrections to schools and mental health services, which is a laudable goal.

In addition, the Proposition rem-edied inequities in drug possession cases by treating straight possession of drugs, like cocaine and heroin, the same as possession of metham-phetamine. This change was long overdue.

To be clear, I do hope our schools and mental health providers re-ceive more funding they desperate-ly need as a result of Proposition 47.

But the fallout from the gaps in Proposition 47, and the resulting burdens on the courts, which now must overturn judgments and nego-tiated dispositions, despite promises originally made to crime victims, means the diversion of funds from corrections to schools and mental health services is coming at a price.

Occasionally, as we have learned, that price can be very high. s

Proposition 47,

cont. from page 37


A Heartfelt Thank You to Our Amazing

2015 Section Leaders!

They plan your breakfasts, lunches and dinners. They help you mix, forum, summit, brown bag and discuss. They make sure you are updated, certified, workshopped, over-viewed, seminared, programmed, networked and informed.

It is safe to say that by the end of 2015, because of their fearless and creative leadership, you, the members of the CCCBA, have had an incredible year of learning, growth and fun!

THANK YOU Section Leaders for taking time out from your busy practices to keep your CCCBA vibrant, current and fabulous!

2015 Section Leaders:

ADR: John Cavin

APPELLATE: Gary A. Watt

BANKRUPTCY LAW: David Arietta

BARRISTERS: Konstantine Demiris

BUSINESS LAW: Kent Parr

CRIMINAL LAW: Mary Carey

ELDER LAW: Joseph Morrill

EMPLOYMENT: Jessica Braverman

ESTATE PLANNING & PROBATE: Virginia George

FAMILY LAW: Marcia Keefe

INTELLECTUAL PROPERTY: Stuart J. West

JUVENILE LAW: Rhonda Wilson-Rice

LAW STUDENT: Eliza Jasinska / Jennifer Navalle

LITIGATION: Justin Schnitzler / Geoffrey Steele

REAL ESTATE: Chad Gallagher

SOLO/SMALL FIRM: Andrew McCall

TAXATION: Christina Weed

WEST COUNTY: Adrienne Haddad / Karen Juster Hecht

WOMEN: Marta Vanegas

NOVEMBER 201540

CALENDARUPCOMING EVENTS | OVERVIEW

November 5 | Diversity Committee

Judicial Appointments Workshop

more details on page 41

November 10 | Barristers/Young Lawyers Section

CCCBA and CalCPA Mixer


November 19 | Estate Planning & Probate Section

Estate Planning & Probate

Mentoring Group Meeting


November 20 | CCCBA

21st Annual MCLE Spectacular


December 3 | Barristers/Young Lawyers Section

Barristers Holiday Party


December 10 | Estate Planning & Probate Section

Estate Planning & Probate

Mentoring Group Meeting


December 17 | CCCBA

CCCBA Holiday Party


For up-to-date information on programs, visit www.cccba.org/attorney/calendar and/or

subscribe to our weekly “Events & News” email. To subscribe, text CCCBA to 22828.

don’t forget to

renew your

cccba

membership


November 10 | Barristers/Young Lawyers Section

CCCBA and CalCPA Mixer

Join the CalCPA East Bay Chapter Emerging Professionals Group and the CCCBA’s Barristers Section for their second joint Emerging Professionals ABC Night. This is an opportunity for emerging attorneys, bankers, CPAs and other financial professionals to grow their professional network.

Registration includes one drink ticket and appetizers. Cash bar available.

Time: 5:30 pm – 8 pm

Location: 1515 Restaurant & Lounge, 1515 N. Main St., Walnut Creek

Cost: $15 for advanced registration, $20 at the door

Registration: Online at www.calcpa.org

November 5 | Diversity Committee

Judicial Appointments Workshop

Sponsored by CCCBA’s Diversity Committee, the National Association of Women Judges and the State Bar Council on Access and Fairness.

A panel of judges and the Chair of the JNE Commission will discuss how judges are appointed. Panelists will help demystify the judicial appointments process by providing tips for completing the online application and describing the JNE review process.

Speakers: Hon. Anita Santos Hon. Diana Becton Hon. John Cope Hon. Marguerite Downing Robin Pearson Kimberly Knill | Patricia Lee


Location: CCCBA Office, 5th Floor Conference Room, 2300 Clayton Rd., Concord

Cost: $10 for CCCBA members, $25 for non-members

Registration: Online atwww.cccba.org/attorney/calendar

December 3 | Barristers/Young Lawyers Section

Barristers Holiday Party

SAVE THE DATE!


Location: Blu42 Sports Bar, 1251 Arroyo Way, Walnut Creek

More information coming soon.

December 17 | CCCBA

CCCBA Holiday Party

Join us in celebrating the holiday season!

To gain admittance to our holiday party, please bring a non-perishable food item (or more) for donation to the Contra Costa Food Bank and/or toy(s) for donation to the 23rd Annual Toy Drive for homeless children, sponsored by the CCCBA’s Juvenile Law Section.

Time: 5:30 pm – 7:30 pm

Location: CCCBA Office, 5th Floor Conference Room, 2300 Clayton Rd., Concord


More Info: Contact Anne Wolf at (925) 370-2540 or [email protected]

November 19 | Estate Planning & Probate Section

Estate Planning & Probate Mentoring

Group Meeting

This is the first of a monthly series of open-discussion meetings where those new to the estates and trusts practice area, or those interested in making the switch to this area, can pose questions and engage in lively discussion with several experienced practitioners from the section.

Each month we will focus primarily on one or more announced topics, with freedom to roam into related topics if there is sufficient interest. November’s topic: Introductions and General Practice Area Issues.

Please bring your brown bag lunch.

Time: 12 pm – 1:15 pm

Location: CCC District Attorney’s Office Community Room, 900 Ward St., Martinez


More Info: Contact Anne Wolf at (925) 370-2540 or [email protected]

December 10 | Estate Planning & Probate Section

Estate Planning & Probate Mentoring

Group Meeting

On the second Thursday of every month, the section will hold its monthly mentoring group open-discussion meetings where those new to the estates and trusts practice area, or those interested in making the switch to this area, can pose questions and engage in lively discussion with several experienced practitioners from the section.

Each month we will focus primarily on one or more announced topics, with freedom to roam into related topics if there is sufficient interest. December’s topic: Estate Planning Software Pros and Cons.

Please bring your brown bag lunch.

Time: 12 pm – 1:15 pm

Location: CCC District Attorney’s Office Community Room, 900 Ward St., Martinez


NOVEMBER 201542

advertisers index

ADR Services . . . . . . . . . . . . . . . . . . . . . . 14

Roger F. Allen . . . . . . . . . . . . . . . . . . . . . 32

David A. Arietta . . . . . . . . . . . . . . . . . . . .10

Barr & Young Attorneys . . . . . . . . . . . 43

Bingham Osborn & Scarborough, LLC . . . . . . . . . . . . . . . . . .4

Bray & Greenwood. . . . . . . . . . . . . . . . . . .9

Diablo Valley Reporting Services . 44

Eikenberry Law Firm . . . . . . . . . . . . . . 18

Lenczowski Law Offices . . . . . . . . . . . 36

Morrill Law Firm . . . . . . . . . . . . . . . . . . 16

Mullin Law Firm . . . . . . . . . . . . . . . . . . .30

Perry A. Novak ,UBS Financial Services, Inc. . . . . . . . . . . . . 2

David B. Pastor . . . . . . . . . . . . . . . . . . . . 38

Pedder, Hesseltine, Walker & Toth, LLP. . . . . . . . . . . . . . . . . . . . . . 12, 26

Reliable Receptionist . . . . . . . . . . . . . . . .9

Law Offices of Reed K. Scott . . . . . . . 29

Scott Valley Bank . . . . . . . . . . . . . . . . . . 14

Candice Stoddard . . . . . . . . . . . . . . . . . . 12

Trustcare Fiduciary Services . . . . . . . 16

Lisa M. West . . . . . . . . . . . . . . . . . . . . . . . 38

Michael J. Young . . . . . . . . . . . . . . . . . . 32

Youngman & Ericsson . . . . . . . . . . 21, 27

Zandonella Reporting Service . . . . . 43

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Beautiful offices w/ 7 solos. Networkingposs. Single story converted house w/

pillars, built in’s, FP, molding, kit., conf rm,lg treed rear deck, etc. Corner w/ skylight& built-ins. Perfect for working hard and

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DISPLAY AD PRINT MEMBER RATES:

Full page: $ 550Full page Color: $ 6902/3 page: $ 5001/2 page: $ 4151/2 page Color: $ 5201/3 page: $ 3501/6 page: $ 215Business card: $ 1651/12 page: $ 125

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CLASSIFIEDS - ONLINE:

$50/ month flat fee. In addition to text, you may add photos or graphics at no additional charge.

Advertise in the Contra Costa Lawyer

Call Dawnell Blaylock at (925) 370-2542 or [email protected].

LITIGATION ATTORNEY

CCCBA solo, 20+ years experience in insurance defense: medical malpractice, elder abuse, personal injury, contracts, escrow. Available for contract/project

work. Contact Deborah L. Phillips at (925) 895-5207 or [email protected].

OFFICE SPACE AVAILABLE

IN WALNUT CREEK

Large office with lovely views available, including secretarial space in Creekside Oaks. Suite includes two other attorneys and staff. Amenities include conference room, copier and kitchenette. Please contact Liz at (925) 930-9255.

PROBATE PARALEGAL

TO ATTORNEYS

Joanne C. McCarthy. 2204 Concord Blvd. Concord, CA 94520. Call (925) 689-9244.


Will & Trust LitigationSecurities Litigation

Elder Abuse Litigation

B A R R & Y O U N GATTORNEYS

318-C Diablo Road • Danville, CA 94526-3443(925) 314-9999

www.BarrYoungLaw.com

NOVEMBER 201544

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Contra Costa Lawyer, November 2015

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