CAL-ABOTA e-NEWS

| SPRING 2021
Dear CAL-ABOTA Members,

Happy Spring and welcome to the first issue of the CAL-ABOTA E-News for 2021. It has been a busy first quarter for the association and the eight Chapters that comprise CAL-ABOTA.

We began the year with the first Board of Directors meeting on January 22, 2021, and although we had to meet virtually, we held the meeting in conjunction with the National ABOTA Leadership Conference and Board of Directors meeting which we would have done had we been able to meet in person. National President, Grace Weatherly, was able to spend a few minutes at the meeting updating the board regarding National activities. The next National Board meeting will be held virtually on May 15, 2021, and I hope you will be able to attend. All members are invited to attend the National Board Meetings; please CLICK HERE for details and to register.

Foundation President and CAL-ABOTA Past President, Doug DeGrave, was also able to attend the January Board meeting to provide a Foundation update. The Foundation will hold a virtual National Teacher’s Law School program on July 28-29, 2021. All Chapters are invited to participate in this program. Please see the box below for all of the important information.

As it relates to statewide activity, the CAL-ABOTA Executive Committee developed and distributed a position paper of opposition to forced remote civil jury trials. The position paper was distributed to all fifty-eight Presiding Judges, Assistant Presiding Judges, the Judicial Council, the California Defense Counsel, the Consumer Attorneys of California, and all CAL-ABOTA members. Please CLICK HERE to read the position paper in case you missed it. I would like to thank Civil Justice Committee Chairman, Frank Pitre, and San Francisco Chapter Immediate Past President, Doris Cheng, for working with me to prepare the position paper which we hope that you have found to be balanced and fair. 
In response to our position paper, Judge Barbara Kronlund of the Superior Court of San Joaquin County issued a letter of support which can be viewed by CLICKING HERE. Judge Kronlund’s preliminary statement is reprinted here as follows:

“I support CAL-ABOTA’s opposition to mandated remote civil jury trials. It should be noted that ABOTA is the preeminent attorney association in the country, with the nation’s top litigators vetted for inclusion, only upon having significant jury trial experience and then, only upon invitation after a membership vote. ABOTA is the first organization to speak out when a judge is unfairly attacked or unfairly targeted for recall, since they devote a good deal of their time to preserving an independent judiciary devoted to the rule of law.” 

CAL-ABOTA is proud of its relationship with the Judiciary, and we look forward to continued conversations to advance the preservation of the 7th Amendment.

I am also pleased to report that, related to our position paper, CAL-ABOTA has been asked by the Judicial Council of California to serve on the Ad Hoc Workgroup on Post-Pandemic Initiatives (P3), a workgroup recently launched by Chief Justice Tani Cantil-Sakauye, in which I am honored to serve to represent the association. 

As I mentioned earlier, the local Chapters have been very busy and a recap of their activities can be found in this E-News; please make sure you support your local chapter by participating and being involved – they need you!

Finally, please peruse this issue of the E-News for more information on CAL-ABOTA activities, including the Hawaii Conference which will be held on November 1-6, 2021 on Maui. President-Elect, Don Carlson, is working hard to compile an exciting program for you, and it will be so nice to see everyone in person again!

I welcome your feedback and comments.

Thank you,

Walter M. Yoka
President
CHAPTER REPORTS
In no particular order, this is what has occurred so far this year in California with the CAL-ABOTA chapters.

ORANGE COUNTY
Under the leadership of President Jeff Braun, the OC Chapter will be together again at the Newport Harbor Yacht Club on Friday, July 9 for the annual Installation Gala appropriately titled “A Celebration of Turning the Corner”.

Judge Linda Marks, Deborah Tropp and Mike Maguire are working on the National Teacher’s Law School July 28‐29, 2021. In addition to the national program they continue to work on presenting a local program in 2021. The Chapter held a virtual Italian Wine Tasting event April 28, 2021 presented by Eric Traut.

Pamela Liosi‐Traut and Yoshi Kubota are producing the first ever virtual Masters in Trial program. It is their goal to present this program at no cost with funding coming from generous sponsors.

Brianna Milligan, a 3L at Western State, was the first ever recipient of the OC ABOTA Scholarship program. Ms. Milligan is slated to start her legal career, after she passes the bar, at a local law firm.

Finally, the OC Chapter of ABOTA was urged to strongly support the messages recently issued by the Orange County Bar Association, CAALA and others condemning all acts of hate, bias and xenophobia directed at the Asian American and Pacific Islander communities.

LOS ANGELES
Under the leadership of Michael Schonbuch, the LA Chapter held its first chapter meeting, virtually, for 2021 on March 24 swearing in 3 new members. Their ABOTA Fellows attended and were recognized. On June 16, they plan to hold a General Membership Meeting in person. The Jack Daniels ABOTA Trial School at Loyola Law School is scheduled for August 3-5 pending confirmation from the venue. The Chapter is planning for a General Membership Meeting with a speaker and a reception on September 22. On December 15, they plan to hold their Chapter Meeting/Holiday Dinner Dance and Live/Silent Auctions.
 
The Chapter has drafted and passed several amendments to their bylaws which have added the new PE Officer position (President Elect) to the Executive Committee and set the procedures for situations where an officer is unable or unwilling to assume their elected role. The amendments include a revised termination of membership clause which mimics the National Bylaws and procedures. 

An appointed subcommittee drafted a new procedure for vetting potential members which was voted on and accepted by the Chapter. The Chapter will be presenting at least one James Otis Lecture to coincide with Constitution Day on September 17, 2021. They will also be presenting a Masters in Trial program which is still being planned.
 
After deliberation and discussion, the Los Angeles ABOTA Executive Committee voted unanimously to rename their fellowship program to “The Honorable Victor E. Chavez ABOTA Fellowship Program” in honor of Judge Chavez who held the rank of Diplomate and was still actively presiding over jury trials in the Spring Street Courthouse when he passed away at the age of 90 on October 30, 2020.


SAN FRANCISCO
Under the leadership of Wilma J. Gray, the San Francisco Chapter's Diversity Committee worked diligently to seek out high caliber candidates who would qualify to be nominated for membership in the San Francisco Chapter. They have seven proposed nominees for membership, including four women. The Chapter hosted its first membership meeting on February 18 via the Remo platform. They were delighted to have the National ABOTA President Grace Weatherly, the Foundation President Doug DeGrave and the CAL-ABOTA President Walter Yoka attend, as well as Presiding Judges from the Alameda County Superior Court, Sonoma County Superior Court and Santa Clara County Superior Court. Nine new members were welcomed while Robert Lynch was honored as a “Legend” member.

The Chapter will present their annual James Otis Lecture Series program on October 22, accepting CAL-ABOTA’s charge to put on an Expedited Jury Trial program this year, with a date TBD. They are working with National to present to Northern California teachers, the importance of civics education in the classrooms and to provide access to resources, available through the ABOTA Foundation. They are also working to promote the National Teachers Law School scheduled for July 28-29, 2021.

The Chapter’s annual Masters in Trial will be held remotely and will be a four-part series. They are also organizing a program sharing experiences from Chapter members on recent in-person civil jury trials. Their annual Holiday Gala will be on December 17, expected to be in-person at the Westin St. Francis Hotel, San Francisco.

CALIFORNIA COAST
Under the leadership of President Roger B. Frederickson, the Chapter continues to operate via Zoom. At their winter meeting, they had the honor of having a Superior Court Judge from each of the three counties encompassed by their Chapter speak to the civil court operations during the pandemic. To permit more interaction between members, the Chapter has been hosting a monthly virtual happy hour via Zoom. The one held in March was a great success, with twelve members joining and many staying for over an hour. They plan to host such happy hours every month until the pandemic restrictions are lifted. Their next Chapter meeting will take place on May 19, 2021 via Zoom. Their county liaisons are coordinating Civility Matters presentations through the three local bar associations.

SAN JOAQUIN
Under the leadership of Rayma Church, this chapter reports that the local Federal Bar has agreed to partner with them to hold a discovery seminar that will include the promotion of civility. They have decided that the Chapter President, Membership Chair and one other person from ABOTA will act as a committee to review scholarship candidates and award an annual scholarship at the local law school (San Joaquin Valley College of Law). They believe this will allow them to foster a relationship with young lawyers who are interested in civil litigation. Their annual dinner was postponed from the usual first week of April to June 5 due to COVID. The Chapter has sent letters to the local judiciary regarding their emergency response team on issues of judicial independence. Their membership chair, Tom Feher, is following up on an idea to create a marketing campaign through advertisement in the various county bar association bulletins to publish information on ABOTA and qualifying for membership.
SACRAMENTO
Under the leadership of President Karen Goodman, the Chapter’s goals this year are as follows: 1) Increase engagement amongst Chapter members, 2) increase visibility in the legal community, 3) enhance ABOTA’s relationship with judges, 4) improve relations with law schools and law students, 5) strengthen our relationship with other CAL-ABOTA chapters, 6) promote ABOTA’s national programs.

John Demas is Chair of the Civility Matters committee and is finalizing the schedule for 3 Civility Matters programs this year. Judge David Abbott is Chair of the Chapter’s Education Committee. Thanks to Judge Shama Mesiwala, Judge David Brown, Judge Abbott and Dan Kohls who presented an entertaining and practical program on improving advocacy through Zoom on March 18. Letty Litchfield is Chair of the Chapter’s Diversity Committee which is developing a member survey and outreach programs to their legal communities. They held a virtual program on diversity entitled: “An Honest Conversation about Meaningfully Diversifying the Civil Litigation Bar and Some Solutions." Dan Kohls is the Chapter’s Sponsor Liaison and is working hard to ensure that sponsors are engaged and valued by membership. John Demas is the Chapter’s Membership Chair and is busy outreaching to bar associations and attorneys about ABOTA’s membership criteria.

Their Executive Committee conducted a Chapter-wide membership survey to determine what is most important to their members. They learned that networking with Judges and fellow trial lawyers is the prime reason that members decided to accept the invitation to join ABOTA. The Executive Committee voted on two award recipients during their February meeting. The Chapter’s 2021 Judge of the Year is Sacramento County Superior Court Judge David DeAlba while the Chapter’s Trial Lawyer of the Year is Past Chapter President Dominique Pollara. These awards will be given at the President’s Dinner scheduled for Northridge Country Club on June 19. They will also honor their 2020 Judge of the Year, Placer County Judge Michael Jones at that event.

David Perrault and Alan Laskin are the Chapter’s co-chairs for the annual golf tournament scheduled for June 21. They plan to donate proceeds to Albie Aware Breast Cancer Foundation, a Sacramento-based charity. Their Saving God’s Bounty event (feeding the hungry) is now scheduled for June 29, 2021. Their Legends of ABOTA Barbecue is set for August 14, 2021.

The Chapter will continue to recruit new members and promote ABOTA’s mission to the legal community with their annual membership meeting on October 20. They are also scheduling membership mixers for Sacramento, Redding and Stockton and plan to invite recently-appointed Superior Court judges to these mixers.

SAN DIEGO
Under the leadership of Frederick Schenk, the Chapter begins to cautiously plan for in‐person events and meetings, while remaining in a virtual world. On February 25, they held their first member dinner meeting of the year with close to 60 members attending remotely via Zoom. A meal was provided using online vouchers through GrubHub. Their guest speaker was Jeremy Robinson, a partner at the Casey Gerry law firm. Another virtual dinner meeting was held on April 29 with Justice Judith McConnell from the DCA 4th District, Chief Judge Dana Sabraw of the US District Court for the Southern District of California; and Presiding Judge from the San Diego Superior Court, Hon. Lorna Alksne. The Chapter's first in-person membership meeting is scheduled for June 24 with invited guest ABOTA Foundation President, Doug DeGrave. Their Judicial reception will take place in September. Also being planned for the fall is their Adopt-A-School program which, this year, will be Samuel Morse High School. Morse High serves a predominantly socioeconomically disadvantaged student population in southeast San Diego.

The Chapter has also begun to meet to plan an MIT in-person program for October/November. Their October membership in-person dinner meeting will host CAL-ABOTA president, Walter Yoka, and expect to finish the year with their annual holiday party on December 11, 2021.

RIVERSIDE/SAN BERNARDINO
Under the leadership of President Margie Warner, the Chapter held its first general membership meeting via Zoom on March 18. They had held off presenting their 2020 Arthur W. Kelly Civility Award, optimistically hoping for an in-person presentation. This award is normally presented at the Installation dinner in December but with no certainty when it could be presented in person, it was presented to this year’s recipient, William D. Shapiro, during this Zoom meeting. It was an inspiring presentation, with Jeffrey Raynes, their 2017 recipient, providing introductory remarks and Bill’s wife, Sue Shapiro, presenting the award to him. Bill then went on to share what the award meant to him in his inimitable, humble manner. Additionally, the Past President plaque was presented to outgoing president, Jay Korn, by president Margie Warner with special note of Jay’s efforts during the pandemic to keep the Chapter informed, in touch and viable. Judge John Pacheco with special guest Michael P. McGuire, 2019 National ABOTA President, presented a presentation on Expedited Jury Trials. This was presented to further familiarize the members with the benefits of expedited jury trials in the aftermath of the COVID closedowns.

Chapter member Douglas Mann was recently appointed by Governor Newsom to the San Bernardino County Superior Court Bench. Past Chapter President Bryan F. Foster, San Bernardino County Superior Court, received the Judicial Officer of the Year Award from the Western San Bernardino Bar Association on March 4. William D. Shapiro has graciously offered his law offices in San Bernardino as the venue for the Chapter's June 24 general membership meeting. They are asking all members to bring memorabilia to the meeting to kick off a new committee project to capture and compile the history of the legal icons of the Inland Empire Community. The Chapter’s summer event, which includes spouses and guests, is scheduled for September 10 in Riverside. The Chapter’s annual Judges’ Night is planned for October. Bryan Reid and Judge John Pacheco are in the initial planning stages to hold a James Otis lecture during the summer months at one or more of the local high schools.
TRIAL LAWYER OF THE YEAR
The CAL-ABOTA Board will select from among the eight great candidates, a 2021 Trial Lawyer of the Year during their August meeting. The eight candidates from each chapter are as follows:
GOLF TOURNAMENTS
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CLICK ON THE CHAPTER NAME FOR MORE DETAILS
May 24, 2021
Red Hill Country Club | Rancho Cucamonga

June 21, 2021
Valley Hi Country Club | Elk Grove

August 30, 2021
Mission Viejo Country Club | Mission Viejo

October 11, 2021
Fairbanks Ranch Country Club | Rancho Santa Fe
CAL-ABOTA EDUCATION COMMITTEE REPORT
The Education Committee, chaired by Bryan Reid and David Cohn, met recently to focus on two education priorities for CAL-ABOTA Chapters for 2021; Expedited Jury Trials and James Otis Lecture Series.

With regard to EJTs, Mike Maguire, past National ABOTA President and an expert on the topic, shared important insight as to how and why the chapters should prioritize EJTs in their professional education efforts. EJTs are not limited to low exposure matters (in which case EJTs are mandatory pursuant to state law), but can be very effective and efficient in cases with higher exposure as well (pursuant to the voluntary EJT rules/statutes). Statistics bear out that results of EJTs parallel results of traditional jury trials with a study in the LA courts monitoring 34 EJTs resulted in 53% favorable verdicts for plaintiffs and 47% for the defendants. 

Mike’s personal experience tracking more than 100 EJTs for State Farm revealed results directly on par with traditional jury trials. Similarly, New York and Charleston have come to fully embrace EJTs with support from both the plaintiffs and defense bars. EJTs are seen as an important resource for addressing significant case backlogs via a fair and equitable jury trial process. 

The committee chairs will be collaborating with Mike Maguire and Judge John Pacheco to prepare and distribute to the chapter education chairs an exemplar program and resources that can be quickly and easily incorporated into a compelling MCLE program. Additional resources including materials made available by ABOTA National during last year’s program on the subject as well as California rules/statutes will also be distributed to the chapters via the education chairs for use/reference in their programs.
With regard to the CAL-ABOTA statewide initiative for all eight chapters to host a James Otis Lecture program in 2021, previously distributed was a guide related to the proposed program entitled “Curious Case of Franklin v. Adams." Topics to be addressed during the program include an introduction to ABOTA and James Otis, discussion about the US Constitution as well as the 6th and 7th amendments, discussion regarding the importance of jury service with mock voir dire and Q&A with the students. 

Of most importance at the moment is for chapters to connect with schools/educators to begin discussions and gain interest/commitments for a JOL program in the Fall. With many questions still pending concerning the status of COVID, vaccinations, in-school vs. remote learning, etc. the chapters are encouraged to reach out (either directly or through chapter members) to district representatives, school administrators and/or teachers who teach a curriculum which embraces the topics intended to be addressed by our proposed program. 

There is much flexibility as to how this JOL can be presented, anything from a “field trip” type program to a local courthouse to an in-school or even in-classroom program to one receptive teacher. Virtual presentations or hybrid virtual presentations are options as well.  
SUPPORT THE NATIONAL TEACHERS LAW SCHOOL
The National Teachers Law School will be held virtually on July 28-29, 2021. This will be an excellent program for civics education teachers which will equip them to teach social justice issues – both inside and outside the classroom. 
 
As active members of your communities, you are positioned to market this program to local schools and teachers and help the ABOTA Foundation recruit as many teachers as possible. Because this is a virtual program, there is no attendee limit, so the Foundation would like to see teachers from every state and every ABOTA Chapter!
 
There is a Chapter Media Toolkit available for you with materials that will help you market this event to your local communities and your Chapter members. Chapter participation and member involvement will help this program be a success.
 
Additionally, there are sponsorship opportunities available; please CLICK HERE for details.
ABOTA FOUNDATION
The CAL-ABOTA Foundation Committee, chaired by Bill Smith, met on March 9, 2021. The committee includes the immediate past presidents of the chapters, and works together to foster Foundation support programs. 

Please CLICK HERE to visit the Foundation web page to learn of the myriad programs the Foundation produces which can only be done through your support.
HAWAII CONFERENCE
Let us say farewell to 2020 and a big aloha to 2021, a year where we look forward to an eventual return to normal and seeing you again in Hawaii. CAL-ABOTA is headed to the resort town of Wailea on Maui's sunny south shore for this year's conference, scheduled from November 1-6.

The island's only all-suite and villa luxury resort, the Fairmont Kea Lani is the perfect setting to revive your spirits and renew ABOTA friendships. All suites are generously sized at 860 sq. ft. and feature a separate living room from the bedroom, plus a sprawling balcony that provides additional living space. With a recent renovation, the resort is waiting to welcome us to enjoy its facilities featuring 4 pools including an adults-only tranquility pool and hot tub, 4 restaurants ranging from upscale (Nick's Fishmarket and KO) to casual, state-of-the-art fitness center with panoramic views, expansive indoor and outdoor event spaces and cozy lounges. The resort's Willow Stream Spa has been recognized as "World's Best Hotel Spa - Hawaii" and is the ultimate retreat that pays homage to the Hawaiian art of healing and relaxation.
The number of things to see and do on Maui are endless. Start the first morning of the conference with a private CAL-ABOTA sunrise snorkel tour to Molokini. This is an excursion that is not to be missed. The annual golf tournament will be held at the Emerald Course at Wailea Golf Club on Thursday, November 4. New this year for the non-golfers is a private full-day Upcountry Maui tour to visit O'o Farm. Take a guided stroll through the farm before sitting down for a gourmet lunch. This tour is limited to 24 people and scheduled for Thursday, November 4.

Reach for the Stars is the theme for this year's conference. Packages start at $2,335 per person and include five nights of suite accommodations, daily buffet breakfast, two evening cocktail receptions and dinners featuring live musical entertainment, one special evening of socializing and stargazing guided by expert astronomers from Maui Stargazing with their powerful telescopes: Cocktails & Constellations, an exciting educational program with a focus on astronomy, space science and space law, plus exclusive discounts at the spa and Wailea Golf Club for ABOTA members.

For those interested in seeing more of Hawaii, there is an option to add on a stay in Lanai before the main conference. We will be staying at the stunning Four Seasons Resort Lanai. The main package is based on two nights but you also have the option of a three-night or four-night package. Visit the Optional Pre-Trip: Lanai page to learn more.

We are looking forward to gathering in person again and enjoying the famed ABOTA camaraderie we all missed last year. We hope you will make plans with friends and family to attend! Please CLICK HERE for registration details.

Mahalo,

Walter M. Yoka, CAL-ABOTA President
Don Carlson, CAL-ABOTA President-Elect/Conference Chair
THANK YOU HAWAII SPONSORS