The VOICE Newsletter October 2019

Closing Reflection: Paul A. Bacigalupo, CJA President 2018-19

Dear CJA Member, A record number of members were recently in Monterey for the 90th CJA Annual Conference. The theme was Protecting Due Process in Polarized Times: 150 Years of the 14th Amendment . Participants had the opportunity to connect with friends and colleagues, learn, be inspired and relax. Thank you to Judge Susan Matcham (Monterey Superior Court), the planning committee, and all the panelists who worked so hard to put together such a wonderful event! A conference highlight was the conversation between US Judge Thelton Henderson and Justice Martin Jenkins, Governor Newsom’s Judicial Appointments Secretary. Justice Jenkins recounted their friendship, which began early in his career when he called on Judge Henderson as a mentor. He also talked about the time they served together on the Federal bench in San Francisco and his admiration of Thelton's distinguished career. A packed room listened to Judge Henderson describe his simple childhood in South Central Los Angeles and what it was like to be only one of a few African-Americans at UC Berkeley undergraduate and law school in the 1950s, a corporal in the US Army, the first African-American attorney to work in the Civil Rights Division of the US Department of Justice under Robert Kennedy, his private practice and position as assistant dean at Stanford Law School, and his remarkable judicial career where he championed transformative justice for nearly forty years. His remarks were inspiring and a reminder about how a judge can act with courage, compassion and humility.

A Conversation with a Justice Champion Justice Martin Jenkins (right) interviewing Judge Thelton Henderson (left)

During our awards luncheon, I had the privilege to present the President’s Award to three individuals for their outstanding service to the judiciary, public service and commitment and personal sacrifice to judicial independence - Chief Justice Rose Bird (posthumous), Justice Cruz Reynoso and Justice Joseph Reynoso.  Accepting the award on behalf of Justice Bird, Judge LaDoris Cordell (Santa Clara Superior Court, Ret.) reminded us that Justice Bird was the first woman clerk in the Nevada Supreme Court, the first woman lawyer in the Santa Clara County Public Defender’s Office, the first woman to teach law at Stanford University, the first woman to hold a cabinet position in California, and the first woman on California’s seven-member Supreme Court, and its first woman chief justice. Justice Bird was remembered as a courageous, generous and brilliant woman of compassion and grace.  Len Reid Reynoso, Esq. accepted the award on behalf of his father, Justice Cruz Reynoso. Justice Reynoso, a pioneer in the Mexican-American community, held a number of high powered government positions including Director of the California Rural Legal Assistance which addressed the poor working conditions of agricultural workers. Justice Reynoso was the first Mexican-American to serve on the Court of Appeal (Third District) and the first Mexican-American to serve on the California Supreme Court. When President Bill Clinton awarded Justice Reynoso the Medal of Freedom in 2000 he was praised for his efforts to address social inequities as a civil rights lawyer, a prolific scholar and his public service.  Justice Grodin, appointed to the Court of Appeal in 1979, and the Supreme Court in 1982, was praised for his civil rights advocacy as a lawyer, his scholarship as a professor and his significant contributions to the American system of justice as a jurist. Justice Grodin spoke passionately about judicial independence and judicial courage. As a jurist who was forced to confront the tension between what his opponents in 1986 viewed as unacceptable outcomes and what he saw as principled decision-making, Justice Grodin’s eloquent remarks were a reminder of the burden each of us carry in making difficult decisions everyday.

Judge Huey Cotton giving an opening reflection

Judge LaDoris Cordell Accepting on behalf of Chief Justice Rose Bird

Justice Joseph Grodin

Attendees also honored Justice William Murray (Third District Court of Appeal) for receiving the Bernard S. Jefferson Award for Excellence in Judicial Education. Justice Murray’s contributions towards judicial education at the Witkin Judicial College, his CJER podcasts, the Judicial Council’s Access and Fairness Committee and Curriculum Committee on Ethics, Access and Fairness have impacted the lives of all jurists in California.  CJA announced Judge Barbara Kronlund (San Joaquin Superior Court) as the first recipient of the Excellence in Civic Engagement Award. This is an award that will given jointly by CJA and the California Lawyers Association. Judge Kronlund was recognized for her fierce passion for judicial independence through proactive education and her leadership in the Judicial Fairness Coalition .

Justice William Murray Judge Paul Bacigalupo presenting Judge Barbara Kronlund her award

We also had the privilege to hear the heartfelt stories about the two Alba Witkin Humanitarian Award recipients, Justice Eileen Moore (Fourth District Court of Appeal) and Judge Phillip Argento (Los Angeles Superior Court, Ret.). Justice Moore, a Vietnam war veteran, spoke about her passion to help the lives of veterans and their families and how meaningful that work is to her. Judge Argento spoke about how he met a homeless individual near the doorsteps of the Pasadena courthouse and how that encounter drastically changed both of their lives for years.

Justice Eileen Moore Judge Phil Argento

Chief Justice Tani G. Canti-Sakauye presided over the installation of CJA’s new executive board officers and board members. The installation was held in conjunction with the installation of the California Lawyers Association’s new board members.  Judge B. Tam Nomoto Schumann will lead CJA in 2019-20 as it’s 90th president. Judge Nomoto Schumann, a former chair of CJA’s Ethics Committee, a former member of the Judicial Council, a consummate presenter for CEJER and CJA, a member of the Temporary Assigned Judge Program and the recent CJA Secretary-Treasurer brings tremendous experience and enthusiasm as CJA’s first Asian-American woman president.  The other new executive officers are: Judge Paul Marigonda (Vice-President) from Santa Cruz County; Judge Tom Delaney (Vice-President) from Orange County, and; Judge Lisa Chung (Secretary-Treasurer) from Los Angeles County.  Eight new Executive Board members were also sworn in: Rupert Byrdsong, Los Angeles Superior Court Carlos Cabrera, San Bernardino Superior Court Robert Freedman, Alameda Superior Court (Ret.) Patricia Garcia, San Diego Superior Court Scott Harman, Sacramento Superior Court Heather Mardel Jones, Fresno Superior Court David Rosenberg, Yolo Superior Court Sergio Tapia II, Los Angeles Superior Court

CJA President B. Tam Nomoto Schumann addresses attendees

CJA and CLA Boards

CJA Executive Board Members Sergio Tapia (Los Angeles), Patricia Garcia (San Diego), and Yolanda Orozco (Los Angeles)

The members were privileged to witness Chief Justice Cantil-Sakauye receive the Sandra Day O'Connor Award for the Achievement of Civics Education .  CJA applauds Chief Justice Cantil-Sakauye for her tireless commitment to strengthen and improve civics education as it relates to the justice system. Her leadership in creating the Power of Democracy is an excellent model for judges, lawyers, educators, public officials and community leaders to work together and teach and educate students about access to justice which is fundamental to our cherished democracy.  In bestowing the Award to Chief Justice Cantil-Sakauye, Mary McQueen, the Executive Director of the National Center for State Courts, said there has not been a more important time than now to improve civic education about the justice system, citing the recently released report from the Center for Strategic and International Studies called Beyond the Ballot - How the Kremlin Works to Undermine the U.S. Justice System . The Beyond the Ballot report outlines how the U.S. justice system is under attack as part of a long-term Russian effort to undermine the appeal of democracy and weaken the West. The report describes the nature of the threat, including the orchestrated attacks against U.S. Judge James Robart. (Judge Robart in 2017 issued a national preliminary injunction against the Trump Muslim and immigration ban.) The report also proposes measures for countering the threats. I encourage everyone to read the report and participate in civic education as we share a commitment to the values of judicial independence, fairness, the rule of law, tolerance and public engagement. Please read this brief article introducing the report. CJA's ongoing commitment to civic education is illustrated through the Judicial Fairness Coalition forums taking place throughout the state over the next two months. These are important opportunities for judges to be in the community and talk about the justice system, the role of judges and judicial independence. Forum information can be found HERE . CJA upheld its annual tradition, featuring A Conversation with the Chief as a plenary session, where CJA Vice Presidents (2019-20) Judge Thomas Delaney (Orange County Superior Court) and Judge Paul Marigonda (Santa Cruz Superior Court) engaged the Chief Justice in a comprehensive discussion about the state of the judiciary. (Photo below.)

Additionally, the Association of African American California Judicial Officers and the California Latino Judges Association both officially joined as CJA Affiliates. CJA is please to continue to grow and strengthen our relationship with these organizations to promote diversity and inclusivity. Read more about Affiliates and Sections HERE and enjoy updates from affiliates and sections described below in this email. During the Annual Business Meeting, CJA members made two amendments to the Bylaws. San Benito County was moved from District 7 to District 8 to better serve the members in San Benito. Additionally, a board seat was added to District 11, ensuring Orange, Riverside and San Bernardino counties are always represented on the board. Subsequently, during the first meeting of the 2019-20 CJA Executive Board, on Sunday, October 13, CJA President, Judge Tam Nomoto Schumann appointed Judge Kirk Nakamura of Orange County to fill the open three-year seat in District 11. Additionally, the California Judges Foundation reported out on the grants distributed over the past year, and shared about the success of the CJF High School Civics Essay Contest (accepting applications for 2019-20-learn more HERE ) and the Adam Z. Rice Memorial Scholarship. CJF is pleased to announce that the Adam Z. Rice Memorial Scholarship met its first goal, raising $50,000! Recently, San Bernardino and Sacramento Superior Courts held Court-Clergy conferences with support from CJF. These events bring community leaders together to learn about courts and the role of judges and conversely for judges to learn about community services available to support families and individuals who come before them in court. I’m grateful for the privilege to serve you this year. May we continue to feel a shared sense of common purpose in serving the public in our noble profession.  Yours very truly,

Paul A. Bacigalupo

CJA 2018-19 Executive Board Thank you for such a great year!

Legislative Update

SB 184 (Moorlach) vetoed As we previously reported, Senate Bill 184 ( SB 184 ), authored by Senator John Moorlach, which addressed the unfair cliff-vesting under the Judicial Retirement System II (JRS II), was vetoed by Governor Newsom. You can read the veto message HERE . CJA recognizes the Governor’s remarks in the final paragraph stating: “I encourage the Legislature to work collaboratively with my Administration as well as the California Public Employees’ Retirement System on a more narrow solution to these issues.” CJA will heed the Governor’s advice and continue its ongoing work with CalPERS and the Newsom Administration. CJA will be working collaboratively with our legislative and executive branch stakeholders. CJA’s Judicial Retirement System Reform Act, AB 979, authored by Assembly Member Eloise Gomez Reyes is a two-year bill. CJA is well positioned to immediately embrace the Governor’s message and work on responsible changes to JRS II. The CJA Executive Board, the Compensation and Benefits Committee, the Pension Reform Workgroup and our legislative advocates will immediately get to work on the next steps to build this path and will keep members informed throughout the process. CJA Opposes Troublesome CEQA Bills With the ongoing housing crisis in the State, the issue of CEQA was a major topic in the Legislature this year. Unfortunately, the Legislature’s solution to the housing crisis included a requirement that certain actions or proceedings under CEQA, including any appeals therefrom, to be resolved, within 270 days of the filing of the certified record of proceedings with the court. CJA opposed all six bills that included this expedited judicial review and only one made it to the Governor’s desk, but with the expedited review language removed! Court Fines and Fees Bills In 2019, nine bills were introduced that would have removed a court fine or fee. CJA opposed all bills unless they were funded. Only one bill made it to the Governor’s desk, AB 927, which would have required an ability to pay determination for every defendant, was vetoed. In the Governor’s veto message, he instructed the author to readdress the issue in the budget. Status of other Major Bills that Impact the Courts: AB 310: would have prohibited probation officers and parole agents from jury service in criminal and civil cases. CJA opposed and the bill was amended and ultimately stalled in Senate Public Safety Committee.  AB 972: would have required Superior Courts and the State Attorney General to identity all cases where the convicted defendants qualify for re-sentencing under Prop 47, whether or not the convicted persons moved for a sentence modification. CJA opposed and the bill was stalled in the Assembly Appropriations Committee. AB 1394: CJA’s sponsored bill from the Juvenile Court Judges of California policy committee removed the final fee associated with sealing a juvenile record. The bill was signed into law. SB 310: bill allows certain persons who have been convicted of a felony to be eligible and qualified to be a prospective trial juror. CJA had a neutral position and the bill was signed into law. SB 471: bill authorizes delivery of a subpoena by electronic mail or facsimile transmission. CJA was neutral and the bill was signed into law. SB 557: another CJA sponsored bill from the Mental Health policy committee. The bill would make certain records in a court file pertaining to competency proceedings presumptively confidential, although they could be made public if ordered by a judge. The bill was signed into law. AB 253: prohibits courts from using remote court reporting to produce the record of any court proceedings. Notwithstanding this prohibition, the bill authorizes the Santa Clara Superior Court to conduct a pilot project to study the potential use of remote court reporting in certain court proceedings. Though very concerned with the bill, at the request of the author and the sponsor, CJA did not oppose and in return is invited to the table in the fall to discuss expanding the pilot program to other counties. The bill was chaptered into law. Visit the CJA Legislative Webpage to review all legislation CJA is tracking.   Erinn Ryberg Legislative Director

CJA Affiliate and Section Updates

Association of African-American California Judicial Officers The Association of African-American California Judicial Officers,(AAACJO) held its annual meeting on Friday, October 11th, during the CJA annual conference in Monterey. During the meeting, AAACJO voted to become an affiliate of CJA. AAACJO also elected officers for the 2019-2021 term. The following officers were elected: President: Laura Walton, Los Angeles Superior Court; Vice-President: Trina Thompson, Alameda Superior Court; Secretary: Carla Garrett, Administrative Law Judge; Treasurer: Huey Cotton, Los Angeles Superior Court; Member at Large: Anita Santos, Contra Costa Superior Court; Member at Large: Kelvin Filer, Los Angeles Superior Court; Immediate Past President: Bobbie Tillmon, Los Angeles Superior Court. Submitted by Judge Laura Walton, AAACJO President

California Asian Pacific American Judges Association On October 12, 2019, the members of California Asian Pacific American Judges Association, Inc. (“CAPAJA”) elected their 2019-2020 Officers: Hon. Roberta Hayashi (President); Hon. Holly Fujie (President-Elect); Hon. Michelle Ahnn (Secretary); Hon. Lee Tsao (Treasurer). Judge Hayashi serves on the Santa Clara County Superior Court. Judges Fujie, Ahnn and Tsao serve on the Los Angeles County Superior Court. Hon. Teresa Magno (Los Angeles County Superior Court) will remain on the Executive Board as the Immediate Past-President. The Executive Board also includes the Chair of CAPAJA’s Judicial Evaluations Committee, Hon. Richard Sueyoshi (Sacramento County Superior Court) and District Liaisons, who are appointed by Appellate Court Districts: Hon. Raj Chatterjee (Alameda County 1st DCA ); Hon Christopher Lui and Hon. Jana Seng (Los Angeles County 2d DCA); Hon. Winston Keh (San Bernardino County 4th DCA); Hon Nathan Vu (Orange County 4th DCA); Hon. Sonny Sandhu (Stanislaus County 5th DCA) and Hon. Fred Chung (Santa Clara County 6th DCA).

CAPAJA is a California non-profit membership organization and CJA-affiliate. Its members include active and retired judicial officers from the State and Federal bench. Its activities in 2019 included semi-annual membership meetings (in conjunction with CJA Annual and Midyear Meetings), membership dinners in Northern California, Southern California and at the Judicial College, support for events commemorating the appointment of over 100 Judges or Justices to the California State Court, and encouraging the application, appointment and retention of Asian/Pacific Islander judges. Submitted by Judge Roberta Hayashi

California Latino Judges Association The California Latino Judges Association (CLJA) President, Elizabeth Macias is proud to lead the association. Turnout for its October 12, 2019 meeting, which was held during CJA’s Monterey Conference was excellent and can be seen in the photo below. During the meeting important matters where discussed and successes were celebrated; currently CLJA members serve on Governor Newsom’s Judicial Selection Advisory Committee throughout California; various Judicial Council Advisory Bodies; teach through CJER; and serve on CJA’s Executive Board.

On October 9, 2019, the California Latino Judges Association held it’s first panel presentation for high school students at the Fresno Superior Court. CLJA was pleased to have CJA’s Diversity and Inclusivity Committee and CJA’s Outreach Committee sponsor the event. The student were treated to a courthouse tour, observed courtroom proceedings, participated in chambers discussions with judges, and lunch. During lunch students listing to Justice Rosendo Pena, Judge Jane Cardoza, Judge Brian Alvarez, Judge Gary Orozco, Judge Ana de Alba and Judge Elizabeth Macias share their journey to the bench. Judge Ana de Alba was instrumental in coordinating this fantastic event.   Submitted by Judge Elizabeth Macias

LGBT Judicial Officers of California We would like to thank CJA for its historic partnership with the California LGBT Bench Officer group. We became its first section last year not based on subject matter. We welcome the partnership, as our goal is to build a diverse and effective judiciary for all.  Our primary focus in our initial year as a CJA section has been on the judicial selection process. We are actively engaged in the process and we feel heard and respected.   To increase the pipeline of LGBT candidates, we have worked on outreach in a number of ways. We are co-sponsoring an event in Riverside with that city’s African American bar association (Richard T. Fields Bar Association Foundation) on November 4, 2019 at which Justice Jenkins and a panel of diverse judges, including LGBT judges, will speak about how to become a judge. We also co-sponsored an Affinity Judges Reception in Irvine several months ago. We had an excellent meeting in conjunction with the CJA Annual Meeting in October 2019, during which we identified a number of goals for the coming year, including creating a stronger leadership and membership structure, gathering more information from our members through a survey and increasing our visibility in various ways. Our members are active and engaged in their local courts and the statewide judiciary. We welcome non-LGBT judges as section members. If you wish to join our group or listserv, please email Judge Linda Colfax (San Francisco Superior Court): lcolfax@sftc.org Submitted by Judge Linda Colfax

Special Event: The Intersection of Faith and Justice

On September 17, 2019, CJA hosted a special panel: The Intersection of Faith and Justice.  Leading jurists discussed how religious values and other sources of moral knowledge may serve judicial decision-making. Please watch the video of that session HERE .

CJA Hotlines

Ethics Hotline: Do you have questions about judicial ethics? Speak to a judge on the Judicial Ethics Committee for a quick informal response to your questions about the  Code of Judicial Ethics . Call (866) 432-1CJA (1252) . Response to Unfair Criticism Hotline : When unjustified criticism substantially and negatively affects a judge, the judiciary, or the legal system, the CJA RTUC Team is available to advise and assist with that judge’s defense. Call (866) 432-1CJA (1252) Retirement Hotline : Are you preparing for retirement? Have a specific question(s)? CJA members can visit the Retirement Webpage to contact Jim Niehaus, CJA's retirement consultant.

Judicial Address Confidentiality

In 2018 CJA sponsored AB 2322 (Daly) which required the DMV, upon request, to make a retired judge or court commissioner's home address to be made confidential for the reminder of their life and for any surviving spouse or child for three years following the death of the judge or court comm issioner, if they died in the performance of his or her duties. Those that are interested in applying for permanent confidentiality in retirement may, upon retirement, should follow this process: Acquire the Confidentiality of Home Address form (INV 32 form) from your employing agency (this is to verify employment or retirement status) – this form is not available on the internet, Draft a letter (Template Letter HERE) stating you are applying for permanent confidentiality in retirement, Send in the new INV form with the drafted letter to this address: Department of Motor Vehicles Confidential Records Unit - MS N227 P. O. Box 932391 Sacramento, California 94232-3910 Please note, if you plan on going into the Assigned Judges Program through Judicial Council, this Program will send you a new DMV form to update and complete.

Are you prepared for an emergency? Over the past several years, our great state has dealt with horrific fires, earthquakes, floods and mudslides. CJA wants to help our members be prepared for emergencies and natural disasters. Below, CJA provides a list of items that the American Red Cross recommend be included in an emergency kit. Additionally, there are links to several vendors that supply premade kits. Visit the CJA Website HERE to learn more.

Member Profile

Did you know you can update your member profile on the CJA website? Visit https://www.caljudges.org/Profile.asp and make sure your contact information is up to date.

Welcome New Members

Hon. Paul W. Baelly Ventura Superior Court Hon. Paul Bruguera Los Angeles Superior Court Hon. Shanda M. Harry Lake Superior Court Hon. Maria L. Mendoza Monterey Superior Court

Hon. William J. Terrence Fresno Superior Court Hon. Ricky Tripp Tulare Superior Court Hon. Scott M. Van Camp Orange Superior Court

Congratulations Newly Retired Members

Hon. Michael B. Donner Riverside Superior Court Hon. Steven M. Katz Kern Superior Court

Are you retiring soon? Did one of your colleagues retire? Please remember to let CJA know! Contact info@caljudges.org with your retirement date so we can help keep your membership and benefits current.

Recently Deceased Members

Hon. Richard Berry Los Angeles Superior Court Hon. Art Lew Los Angeles Superior Court Hon. George Schiavelli Los Angeles Superior Court Hon. Thomas Schulte Orange Superior Court

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