Celebrating the Lives of Two Esteemed Jurists Celebrating the Lives

Transcription

BAR BRIEFS
A Publication of the Santa Cruz County Bar Association and Lawyer Referral Service
Third Quarter 2015
Celebrating the Lives of Two
Esteemed Jurists
Judge Robert B. Yonts, Jr. (ret.)
January 24, 1942 – April 9, 2015
Santa Cruz County Bar Association Judge John A. Marlo (ret.)
May 9, 1934 – May 26, 2015
July, August, September 2015
Santa Cruz County
Bar Association
340 Soquel Avenue, Suite 209
Santa Cruz, California 95062
tel 831-423-5031 / fax 831-423-6202
email [email protected]
www.santacruzbar.org
www.lawyerreferralsantacruz.org
President:
Pamela Mathiesen: 429-0181
President-Elect:
Nathan Benjamin: 600-8405
Past President:
John Burton: 425-5023
Secretary:
Emily Trexel: 429-1212
Treasurer:
Laura Walther: 457-1700
Directors At Large:
Anthony Condotti: 423-8383
Burleigh Cooper: 425-5023
James Eschen: 466-0753
Nancy de la Pena: 429-1311
Executive Director:
Lolly Belanger: 423-5031
Editor:
Nathan Benjamin: 600-8405
Newsletter Layout/Design:
Evelyn Volpa: 684-3314
TABLE OF CONTENTS
Calendar ...................................................... 3
President’s Message .................................... 4
Celebrating The Lives of Two
Esteemed Jurists
Judge Robert B. Yonts, Jr. (ret.) ............. 5
Judge John A. Marlo, (ret.) .................... 8
Court Updates ............................................. 13
Gail Schwartz, Retiring ............................... 14
Mentorship Program ................................... 19
Events/Photos
Annual State of the Court........................ 16
Annual Awards ....................................... 17
Trial Lawyer’s Elbow Rub ........................ 21
May MCLE ............................................. 22
Bench Bar Liaison ........................................ 23
Pulse Line ................................................... 24
Judge Robert
Yonts, Jr.
Judge
John Marlo
Bar Briefs is published four times each
year by the Santa Cruz County Bar Association, Inc. (SCCBA). The opinions
expressed herein do not necessarily
represent the opinions of the SCCBA,
its officers, directors, members, or the
editor.
Editorial submissions to Bar Briefs
are welcome. However, we accept no
responsibility for the custody or return
of materials submitted for publication.
All submissions for publication become
the exclusive property of SCCBA. All
rights reserved.
Advertising rates and policies are
made available by the SCCBA Board
and Executive Director. Acceptance of
advertisments for publication does not
constitute an endorsement or recommendation of products or services
advertised.
Copyright © 2015 SCCBA
Santa Cruz County Bar Association Gail Schwartz
ADVERTISERS INDEX
AttorneyShield - Liability Coverage .................................... 18
Cartwright, Harold - Mediation ........................................... 23
Cottle, (ret) Justice Chris - Mediation/Arbitration ................ 23
Creekside Court Reporting ...................................................20
Haussler, Lu - Mediation ..................................................... 20
JAMS - The Resolution Experts ............................................12
Premo, Steven - Legal Research/Writing ............................. 20
Rausch Mediation Services ..................................................18
Raymond James - Financial Services ................................... 13
Southers, Eleanor - Legal Coach ......................................... 20
Stone, Larry, MFT ............................................................... 23
2
July
SCCBA Estate Planning Section
No meetings in July, August, September.
SCCBA Real Property Section
No meetings in July and August.
Wed 15
Bench-Bar Meeting
12:00 p.m., Dept. 5, Santa Cruz Superior Court. Send agenda items to [email protected].
Tue 21
SCCBA
Assemblymember Mark Stone, Chair of the State Assembly Judiciary Committee, will address the Bar on legal matters
effecting the state and local community. 12:15–1:15 p.m. at Hotel Paradox, 611 Ocean St., Santa Cruz. One unit MCLE
credit. Cost is $35 for members; $40 for non-member attorneys, $30 for judges & non-attorneys. RSVP at
www.santacruzbar.org, or contact SCCBA, 423-5031 or [email protected].
MCLE
Tue 28
The Advocates
The Advocates will host a Judicial Meet & Greet at 5:30 p.m., location TBD. We have invited Florence Patten (Supervisor
– Civil Clerks Dept.), Sasha Morgan (Director of Operations for Santa Cruz Court), and Lisa McCrea (Supervising
Research Attorney) to share information and answer questions. Learn more at theadvocates.santacruzbar.org.
Aug
SCCBA
No meeting in August.
Sept
Wed 9
MCLE
SCCBA Real Property Section
Topic and Speaker TBD. 7:15 a.m. at DeLaveaga Golf Course Restaurant. Cost: $15.00 (whether or not you eat
breakfast) plus $10 for one unit MCLE credit. Checks payable to Penrose Chun & Gorman LLP. No RSVP needed.
Contact: Rochelle Mulder, Penrose Chun & Gorman, LLP at 515-3344, [email protected].
Thur 10
SCCBA – Fall Fling
Join us for our annual Fall Fling celebration. Enjoy appetizers, drinks, networking and a brief program honoring
Judge Yonts and Judge Marlo. 5:00–7:30 p.m. at The Darling House, 314 W. Cliff Dr., Santa Cruz. Contact SCCBA at
423-5031 or [email protected].
Thur 17
SCCBA
Judge Paul Marigonda discusses “Update on the New Tyler Case Management System” 12:00–1:00 p.m. Brown Bag
Lunch, Santa Cruz Courthouse, Dept. 5. Cost: Free; $10 for MCLE credit. Contact SCCBA, 423-5031 or sccbar@
sbcglobal.net.
MCLE
COURT HOLIDAYS
The court holiday schedules have been set for December. The Watsonville and Santa Cruz courthouses will be open every day from Dec. 21
through noon on Dec. 24. The following week, the courts will be open every day from Dec. 28 through Dec. 31.
Both courthouses will be operating as usual, but with fewer judges. Those judges who are scheduled during that time will double up on
caseloads. The clerk’s offices will be open normal business hours on the dates outlined above.
Santa Cruz County Bar Association 3
President’s Message
by Pamela Mathiesen, Esq.
of Beck & Mathiesen
Make Each Day Count
With great sadness and heavy hearts, the Santa Cruz legal community mourns the recent deaths of two of our
retired judges, Robert Yonts and John Marlo. Judge Yonts died April 9, 2015, after sustaining a serious head injury from a
fall, and Judge Marlo died May 26, 2015 from Leukemia. Both had an active alternative dispute resolution practice with
JAMS at the time of their deaths. Both men will be remembered for the contributions they brought to our legal community
and for the unique individuals that they were. Each of them will be greatly missed.
These recent deaths have many of us recalling the dark days of November 2005 through January 2006, when our
community lost two of our then sitting judges: Kathleen Akao and Arthur Danner. Those losses were also sudden and
unexpected. Our community reeled from the shock and terrible sense of loss.
After Judges Akao and Danner died, Judge Yonts set his “retirement” plan in motion, and by 2007 he retired from
the bench to pursue his other enjoyments in life—like family. In his 2007 retirement speech Judge Yonts said: “Gradually
I have come to the realization that we only have so many days and hours on this earth and we never know when the last
moment of our life will be.”
All of us should thoughtfully consider those words. Every day we have the opportunity to make a difference in a
positive way, and to make each day worthwhile. Do what you love, be kind, be grateful, learn something new, and make
each day count.
Resources for New Lawyers and Senior Lawyers
Whether you are new to the practice of law, or you are thinking about retiring after a memorable legal career, there
are resources to help with the process.
The SCCBA has a mentorship program which helps new practitioners by pairing them with a seasoned attorney.
In a way, this program benefits experienced lawyers too, by giving them an opportunity to share important nuances about
the practice of law that are not learned in law school. If you are interested in having a mentor, please contact the SCCBA
office for more information, or check out our website: www.santacruzbar.org/for-lawyers/mentorship-program/.
The California Young Lawyers Association (CYLA) developed a series of 10 minute videos on topics such as how
to: select clients, conduct a better deposition, handle client trust accounting, and much more. The videos are available on
YouTube by searching “California Young Lawyer 10 Minute Mentor.” These videos deliver the subject matter in short,
informative, easy to recall segments. You don’t need to be a new attorney to watch them. I recommend seasoned attorneys
check them out too. It never hurts to have a refresher on client trust accounting, or how to (not) select clients.
The State Bar has a Senior Lawyers Ethics Resource page which contains information and links to resources for
senior lawyers who are looking at retirement or dealing with disability. The link is: http://ethics.calbar.ca.gov/Ethics/
SeniorLawyersResources.aspx.
On the resource page, you will find a collection of materials including: rules, advisory ethics opinions, articles,
publications, and MCLE programs. There are also links for closing a law practice and attorney surrogacy. And, if you are
brave enough to take it, there is a link to Ohio State University’s SAGE cognitive screening test. You don’t need to be a
senior attorney to take this test. I recommend every attorney take one of the tests. The results may surprise you.
Judge Robert B. Yonts, Jr. (Ret.)
January 24, 1942 – April 9, 2015
Sharing Fond Memories
of a World Traveler, Sailor, Mentor,
and Scrabble Player Extraordinaire
Things You May Not Have Known About
Bob Yonts by Austin Comstock, Esq.
He wasn’t just a traveler on this earth, although he made his way to many countries, always eager to tell the folks
at home what he had seen. He performed good deeds as a Rotarian, bringing water to remote villages in Mexico. He had
a thing about Mexico, from Manzanillo, where he and Bjorg had a home, to the various towns where he brought toys to
kids at Christmastime. He enjoyed hunting, scuba diving, and fishing and spoke with enthusiasm about his trip to China
with friend Rick Novak, Santa Cruz skateboard manufacturer. Judge Yonts with wife Bjorg
He had me believing that he could get us to San Miguel de Allende, a
simple flight to Mexico City, thence by train to the place where Leon Trotsky was
shot and killed many years before. At the huge transportation center we learned
that the train would leave from the west end of the station. He directed our route,
and we each carried our heavy bags toward the big sign that said “ESTE.” With
my pigeon Espanol, I asked him if he was sure, and he nodded yes. I parked my
bag and bought a quart of Presidente brandy. Then I realized that there were buses
all around. Of course we should have followed the big sign reading, “OESTE.”
And of course our train had left the area.
We proceeded to buy bus tickets and eventually boarded a crowded left-over Greyhound with a full load. We
had just cleared the city when our bus came to a stop. Engine trouble. All passengers got out and we were told another
bus would be coming for us. Nearly an hour passed before our new
transport arrived. Bob got a seat which he said he would hold for
me when I, using the handy overhead hanger, got tired. It was like a
cartoon—other passengers with children and animals. Bob was never
much of a drinker, but he did manage a few swigs of Presidente as
we made it through the night. The long ride with many stops taught
us some humility (stoicism runs in my family, a long line of Yankee
farmers) and Bob would always cringe a bit over the years when I
reminded him about este and oeste.
His father had been in the United States Coast Guard in World
War II, and this history played a part in Bob’s life after graduating
from Serra High School in Burlingame. He decided to attend the Coast
Guard Academy in New London, Connecticut. Because he had been a
stalwart guard on the Serra football team, he attracted the attention of
Author Austin Comstock and Judge Yonts
the football coach, Otto Graham, a Hall of Fame former quarterback with the Cleveland Browns. Coach
Graham approached Bob with the request that he start attending football practice in August. Bob told
Coach Graham that his playing days were over and that he wanted to concentrate on his studies. The story
goes that he was then singled out for weekend guard duty and nearly round-the-clock kitchen police.
Bob held his ground but decided that he had reached a crossroads. He left the Coast Guard Academy and
matriculated at Santa Clara University. There, instead of football, he pursued his studies and joined the
staff of the college newspaper. Otto Graham never became one of his heroes.
But he would come to find other heroes. Justice Rattigan of the First District Court of Appeal,
for whom Bob clerked after graduating from Santa Clara Law School, was one. And, later, Stephen Wyckoff, the senior
partner in the Santa Cruz firm he joined in 1969, when the youngest, and therefore managing partner hired him to join his
law school pal, Jack Ritchey. He respected Justice Rattigan for his keen intelligence and deference for the underdog in
litigation. Steve Wyckoff became the best mentor and ethical guide in the
practice. Bob would later serve the same role for David Fulton and Denine
Guy, among others.
Bob’s resume by this time included three years on active duty as a
tank commander for the United States Army with a long tour in Germany,
which hosted US troops playing cold-war games. This included tanks
tearing up stretches of towns in rural Germany. His battalion always had a
reparations officer who trailed the faux combat and gave sums of money to
the burghermeisters to compensate for the damage the tanks made on the
streets.
The Day Bob Saved Me from Contempt of Court
In the early 70’s, not long after the “no-fault”
divorce law went into effect, Bob and I were on the
opposite sides of the divorce case from hell. Among
the nasty behavior displayed by this older couple,
my client (of course without my knowledge) hired a
woman to try and enter the husband’s home under
some ruse for purposes she somehow thought
would help her case. I don’t think my client ever
understood the changes that had taken place in the
law. But the husband smelled a rat immediately.
A short time later, this ruse came out in court. My
client admitted it had happened, my jaw dropped
as I learned this for the first time, and Judge Harry
Brauer went ballistic—this was the last straw
for him in this bitter case. In the course of his
angry remarks, he accused me of being unethical
and then immediately declared a recess. It was
my turn to go ballistic and as I hopped up from
counsel’s table, boiling mad, muttered something
to the effect of “How dare you call me unethical.”
As I started towards the judge’s door about to do
and say something undoubtedly regrettable, Bob
intervened, held my shoulders and calmed me
down, suggesting he talk to Judge Brauer first and
explain how the judge misunderstood what had
happened. It worked out…at least for me— for
my client, not so much. Thanks Bob.
Justice Richard J. McAdams (Ret.)
Santa Cruz County Bar Association Judge Yonts with wife Bjorg and grandchildren
After his military service, he finished law school and his oneyear clerkship in the First District and moved to Santa Cruz with his
wife Bunny, daughter Melissa, son Chris, and son Robert to start his
Santa Cruz career.
There were highs and lows in the years to follow, including
a painful, wrenching family breakup. He soldiered on with his law
practice in the personal injury field. And finally, he got lucky and met
Bjorg.
Bob was born in January 1942, and we celebrated his 50th
birthday with Bjorg and friends and family at their home on South
Branciforte. He was able to fit into his
Eisenhower Jacket from his military years.
He loved to have his picture taken, and we
focused on Half-Century Bob, in uniform
and on the turret of a tank-like replica over
a truck belonging to a retired highway patrol
officer. Bob, the tank commander, rode down
Front Street to Beach Street, waving to the
unsuspecting audience on the streets.
Most people remember Bob on the
bench and later working with JAMS. In the
past few years he had great enjoyment playing
Celebrating “50”
in the monthly Scrabble Club games with
players taking turns hosting the games. He enjoyed being the host. In
fact, he enjoyed people as much as any other friend I have had.
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Remembering Judge Yonts
“What a nice man”.....those were my first thoughts when I met Judge Yonts. He was one of the very few who openly welcomed me
when I first came to Santa Cruz almost eight years ago. He laughed and remembered my name and always seemed pleased to see me.
Although I never got to see him on the Bench, I always assumed he was a fine Dependency Court Judge. His love of children
and caring approach to life was evident.
His light in the sky shines brightly, up there with all the other notable people who, as Alexander McCall Smith lovingly says,
“have been made late.” Late but not forgotten.
– Eleanor Southers The extraordinary life of Judge Bob Yonts included a passion for ocean sailing
along the California coast, the San Juan Islands, and the Caribbean. Judge Yonts
was both an excellent sailor and an accomplished diver who often hunted for and
brought back dinner for his sailing buddies. There is no finer culinary experience
than sitting down and devouring an abalone that had been harvested from the sea
one or two hours earlier by Judge Yonts.
The accompanying photograph shows Judge Yonts and his sailing buddies on the
deck of a Santa Cruz 50 getting ready to leave Santa Cruz Harbor for the Channel
Islands and Catalina in 1993. Standing from left to right are boat captain John
Frasier, Shawn, Fred Ebey, Chase Frasier, Dr. Bill Whitstone, M.D., and Judge
Yonts. Seated from left to right are Judge Tom Black, Court of Appeal Justice Paul
Coffee from Ventura and Court of Appeal Justice Chris Cottle.
– Fred Ebey
For over 20 years Judge Yonts was a wonderful mentor, wise teacher and my merry
advisor. I would not be where I am today without his guidance and direction that
has led me to the path that I continue to walk on here at JAMS, where he and I
were reunited again after being his courtroom clerk in Santa Cruz Superior Courts.
I miss his jokes, hugs, fatherly advice, compassion and patience, and I am sad that
he left us so soon.
Judge Yonts and his crew
– Josephine Care
This is the last photo I have of Bob. This was the last Scrabble meet-up, where Bob played with
Syda Kosofsky Cogliati. It was the “tied game” in our Scrabble Club, wherein Bob played a Bingo
on his first play (playing all seven letters; scoring not only double the points, but also 50 extra
points for playing all of his letters). Syda had to work hard ... she is also an excellent Scrabble
player, and bottom line, she caught up and tied Bob. Also, the word “tied” was played twice in
the game, once horizontally and once vertically, hence the name “The Tied Game.” We will never
forget Bob. – Sara Clarenbach
Syda Kosofsky Cogliati and
Judge Yonts
Eulogy delivered by Judge Denine Guy on April 18, 2015
I’ll begin in the same vein as Robert did in his court Retirement Speech. On behalf of the Yonts and Bridges family, I quote his
own words that stated, “I would like to acknowledge the almost invisible presence and thank the staff who worked so hard to
make this sellout crowd comfortable.”
Read the full Eulogy on the Bench-Bar page of the SCCBA website.
Judge John A. Marlo (Ret.)
May 9, 1934 – May 26, 2015
Warm Reflections on a Beloved
Family Man, Vintner, Author, and
Jazz Aficionado
Jock Marlo’s Eulogy for his Father, June 1, 2015
In keeping with dad’s love for a short mass, which was ideally 45 minutes, I have
been instructed, by more than one family member, to keep this short. There is no shortage of
instructions from family members.
Dad was born in 1934 in San Francisco and grew up in Oakland and Alameda, where
he prided himself on being from the tougher sections of the East Bay. Uncle Charlie and
Aunt Esther raised dad from age six. One of dad’s happiest days was when Auntie formally
adopted dad at age 65. According to Auntie, she had to wait until he was responsible.
After primary and high school in Alameda, dad attended San Jose State College,
where he met mom, and they were married shortly after graduation. He joined the United
States Army for a short time, and then it was off to work as a beat cop in San Jose. While
working as a police officer he attended Santa Clara Law School, against the recommendation
of his police sergeant. Following law school, dad started private practice in Santa Cruz. He
served as the City of Capitola’s first City Attorney at City Hall less than a mile from here.
Judge Marlo with wife Patti
Then, much to the chagrin of 98% of Santa Cruz County’s “progressive” population, dad was appointed by
Governor Ronald Reagan to municipal court judge. He served 20 years on the bench in Santa Cruz, and was named
presiding judge four times. He proudly served as a fair, consistent, and deliberative judge, all the qualities any party or
criminal defendant appearing in his court would hope for.
He presided over many high profile first degree murder trials, as well as
significant product liability cases. I think one of the highlights of dad’s day was
to tell us at dinnertime the interesting things that went on in his courtroom.
I have distinct memories of dad signing search warrants in the middle
of the night. We would be awakened by the commotion, look out the window
and see several police cars in the driveway and officers in the kitchen presenting
their warrants for signature. Sometimes dad would not sign them because they
were not sufficient. He sent them to gather more information, and they would
come back even later in the night.
Judge Marlo and Larry Biggam
Santa Cruz County Bar Association Dad co-founded project SCOPE, an organization dedicated to the
protection of Santa Cruz County’s environment. He received multiple awards
from his peers, including the International Award from the Human Resources
Society, whose previous recipient happened to be John F. Kennedy.
8
Dad taught part time at Cabrillo College for 18 years, co-writing the text
book. He authored another book, Famous Quotations Illustrated for Children.
After “retiring” from the bench, he worked another 20 years with
JAMS, mediating and arbitrating complex, multi-party cases. He had a knack
for spending a significant amount of time getting to know the parties on a
personal basis. Even if he did not have a case on calendar, dad truly enjoyed
stopping by the JAMS office and chatting with his colleages, many of whom are
here today.
Judge Marlo at JAMS
Dad’s last mediation was December, less than six months ago. I
remember him discussing the facts and issues; it was a real property subsidence
matter. In fact, according to his case manager, he still has a case on calendar
for this December. I am sure the parties will be disappointed in not having
the matter heard by their first choice of mediator. In essence, dad never truly
retired, which shows his incredible work ethic.
Dad’s incredible work ethic was not directed solely to his professional life. Fortunately, he was able to enjoy his
favorite interests including jazz and grape growing.
We all know dad’s encyclopedic knowledge of early Jazz Masters, many of whom he had seen in person in jazz
clubs in Oakland, who later became big stars. He loved most genres within jazz, including bosso nova, straight up and
cool jazz. He also loved big band music from the swinging years and country. Dave Brubeck, Stan Getz, Billie Holiday,
and Merle Haggard were constantly heard around the house. Dad could name the tune, the principal singer, the club the
recording was made at, and the accompanyists, usually within five or six notes.
Dad not only listened to music; he was a great dancer. I remember many nights he and mom would literally roll
up the carpet and dance with each other before the fireplace.
Family
By far the most important aspect of dad’s life was family. And that is why I have saved
this portion for last.
Dad’s devotion to his family was always his number one priority. We are all very
familiar with the incredible bond of 58 years of marriage to mom. Mom is a saint to have been
dad’s right hand. We all know that mom runs the show, and
dad was the first to acknowledge it.
Judge Marlo at daughter
Bridgit’s wedding
That very special relationship led to five kids, Kimber,
Kami, Craig, myself and Bridgit. There are nine grandchildren, Austin, Sean, Mikala,
Makenzie, Casey, Padraick, Beau, Jake, and Marbella, and three great-grandchildren,
Madison, Lucas, and Kalea.
Dad’s stern character was a trait that we all learned to respect, over time. In
fact, because of dad’s natural commitment to character, all five siblings see eye to eye
on all issues, do not argue over petty matters, and never have any disagreements!
Judge Marlo with wife Patti
Santa Cruz County Bar Association Dad was as comfortable wearing his Levis and Pendleton work shirt on his
tractor in the vineyard as he was wearing a three piece suit under his judicial robe on
the bench.
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Most importantly, dad was a good man. He worked hard for his
family, his profession, and others, and he always liked to be on the move.
With mom, they designed, rebuilt and/or remodeled many residences.
Dad loved visiting their houses in Sonora and Cambria. When asked where
he spent most of his time, dad would day “on the road.” One of his favorite
projects was helping to raise funds for the very church we are in today, which
was completed in 1974.
Notes from condolence cards received from his many friends:
“Jack had a tribal love for his family.”
“Nothing in writing can truly tell the picture of how John helped so many
people including me.”
“I will miss his interest in and love for people and his energy. He always had
a project. But mostly I’ll miss just having a beer with him.”
Because dad always like to have the last word, I would like to quote one of
the passages dad chose to include in one of his books. This is from John
Wesley, and it sure reflects the words dad lived by:
“Do all the good you can,
By all the means you can,
In all the ways you can,
In all the places you can,
At all the times you can,
To all the people you can,
As long as ever you can.”
Here is a photo of my handsome father
with my dear friend, Jamie Foxx. My dad
was a true star who loved and touched
so many people. Jamie loved my dad and
looked up to him as a man whose number
one priority was family. Jamie looked to
my dad as a mentor, and he often spoke
of how my dad touched his heart. He felt
my dad was a true example of honor,
respect and integrity. Jamie attended the
funeral to show his long time love and
respect for my dad.
Lots of love and gratitude to all of you
for loving my dad, from his youngest
daughter.
Bridgit Mary Nock Marlo Karo Psy.D
Remembering Judge Marlo
Judge Marlo covered the Watsonville Courthouse caseload for many years taking a dedicated interest in the people who appeared there by attempting to assist them in resolving conflict and reducing crime. As a prior police officer and police instructor, he felt a sincere bond to the community he served. Judge Marlo appreciated the court staff that assisted him in his daily
work and together they served the South County residents for many years. After he was elected to the Superior Court, Judge
Marlo always revered his time spent serving in the Watsonville Court.
He was a dedicated family man and Catholic, continuing to attend morning men’s prayer meetings and community support
groups. He was always deeply in love with his beloved wife Patti who was his soul mate and life partner. He is survived by five
children and many grandchildren and great grandchildren.
Judge Marlo regularly attended court functions as a retired judge and enjoyed and encouraged his court family to retain high
goals and standards.
– Judge Heather Morse
All of us at JAMS loved and respected John Marlo very much. He was a great lawyer, judge, mediator, friend, father and husband.
– Hon. Read Ambler (Ret.)
We will all miss him very much.
– Josie Care, Sr. Case Manager, JAMS
One of my favorite stories about Judge Marlo
is one he often related himself of a time when
he was having difficulties getting building
permits for one of his real estate developments. He was sitting on the Superior Court
bench at the time, and was interviewed by a
reporter from the Santa Cruz Sentinel about
his views on the gun control issue. And his response was published: “I think they should put
the County Building Department in charge
of gun permit applications. That way, no
one would ever get one.” Needless to say, the
Judge’s difficulties with the Building Department did not improve much after that. But
this was typical of the keen wit and sense of
humor we all loved so much about the Judge.
Jerry Christensen, Judge Marlo and Keith Lesar
– Mike Stone As a Municipal Court Judge in Watsonville John started “Project Busy” to keep youth out of criminal activity. This was just
one of many of his efforts to keep kids out of court.
– Jeff Bosshard
Wine and Fishing With Judge Marlo
I was dropping papers off at Judge Marlo’s house for an upcoming JAMS
mediation. Judge Marlo invited me in and we got to talking about wine.
He made wine and so did my son-in-law at the time. He showed me his
vineyard and we later exchanged bottles of wine.
On a subsequent visit to his home, Judge Marlo found out I went fishing
in Canada every year. He gave me two antique lures that I ended up
giving to an old Minnesota fisherman. I “paid back” Judge Marlo with
some venison jerky that the old fisherman gave me for the Judge.
I found Judge Marlo interesting, and very interested in others. He was
generous and thoughtful in gift-giving. I will miss him.
James Almeida, Laura Walther and Judge Marlo
– David Beck
Court Updates:
Annual Judges Retreat
The judges from the Santa Cruz and Watsonville courts met in Carmel over Father’s Day weekend for their annual retreat.
The main topic on the agenda was the Tyler Odyssey Case Management System, which is set to go live on October 13. Representatives from Tyler Technologies were on hand to give the judges an overview of the new system.
Alex Calvo reports that the judges will begin hands-on training two weeks prior to the launch date. Half of the judges will
train on Friday, September 25, and the other half on Friday, October 2. As a result, not all judges will be available on the
training days. In addition, the courts will close at noon on Friday, October 9.
Alex Calvo and court staff are currently scheduling meetings with representatives from the Probation and Sheriff’s Departments, the Jail and the Public Defender firms to determine their needs for accessing data through the new case management
system public portal. Similar meetings will be set up with civil justice partners including the Dependency Division, Child
Support Services and the Family Law Bar to ascertain their needs.
The public portal for the criminal justice partners will be open on October 13. Access for civil proceedings will begin on
October 26. During the time between October 13 and October 26, attorneys and the public will need to visit the courthouses
to obtain civil case information.
Once the system is live, the next phase of the project will begin, which is the e-filing component. The go-live date for e-filing is March 7, 2016. Bar Board member Nathan Benjamin has volunteered his firm, Benjamin/Leibrock, to be an e-filing
guinea pig. He will be working with court staff in the weeks prior to the March launch date to test the e-filing system.
Judicial Assignments for 2016
Also discussed during the Annual Retreat were judicial assignments. In addition to the changes that go into effect on July 6,
2015, some new assignments were decided upon, which will start on January 4, 2016. Judge Paul Marigonda will oversee
Misdemeanor cases in Dept. 1 and Judge Paul Burdick will be handling Civil Law & Motion, Mediation, CEQA and Appellate matters in Dept. 5.
Court Holiday Dates: See calendar page 3.
SCCTL Executive Director Gail Schwartz
Leaves a Lasting Legacy
Gail Schwartz has officially retired from her position as Executive Director of
the Santa Cruz Trial Lawyers Association after almost a decade of dedicated effort.
Gail grew up in Southern California, the younger of two children, and the
daughter of a Goodyear store owner. Mom and dad worked together in that venture, and
the family would often travel to various automotive-related shows. In her neighborhood
she was surrounded by adults who were launching long and successful careers. In fact
she used to babysit the children of the Handler family who started Mattel Toys.
Gail was a high academic achiever from a young age. In high school, she met
a young man by the name of Irwin Joseph (known to most readers as Commissioner
Joseph). They were boyfriend and girlfriend for two years, with Gail enrolling at
UCLA for her freshman year of college where Irwin would join her a year later. She
then gave Irwin the old “heave ho,” and trekked up to UC Berkeley to complete her
bachelor’s degree in environmental design.
Gail says that it was an interesting and weird time at Cal. It was, after all, the
late-sixties and early-seventies. (We need say no more on that topic, here.) Following graduation, she took off to Europe with a one-way ticket, landing on a kibbutz in Israel before moving
back to Southern California and continuing her education at USC, where she obtained a couple of teaching credentials. Although she later went on to obtain more credentials and certifications, at that point she already had extensive study in
the two fields which became her life’s professional passions—design and education.
Gail also completed the Coro Public Affairs Training Program, which was designed to “train tomorrow’s leaders.”
There are chapters in Los Angeles, New York, St. Louis and San Francisco, training only twelve people per class totaling
just 400 a year. Gail believes that her Coro training has served her well throughout her professional life.
One interesting incident back in 1966 revolved around Gail’s return from the East Coast with her parents, and
a two hour delay on the tarmac waiting for the flight to leave for Los Angeles. It turns out that The Beatles were on the
flight, and Gail was seated close by. That gave her celebrity status once the flight
landed—the mere fact of having been on the plane with them—but it left Irwin a
bit befuddled when picking them up at the airport at 2:00 a.m. Another example of Gail’s Southern California entertainment connections was
her involvement in a conversation with four others at a family home, which resulted
in the television series Family Ties, starring a young Michael J. Fox.
After completing the bulk of her education, Gail taught and worked in schools
in Hollywood and Los Angeles until the early 1980s. After an eleven year
absence from Irwin, the unfortunate passing of a common friend—one of Irwin’s
fraternity brothers—brought them back together. (The author refuses to make any
comments about Irwin and the movie Wedding Crashers.) As they say, it was
kismet, and they were married in 1981.
The couple finally saw the wisdom of getting out of Southern California, and
Gail recounts how—on a road trip, when searching for someplace new to live—
they visited the lovely (cough, cough) town of Sandpoint, Idaho (“the largest city in, and the county seat of, Bonner
County, Idaho,” with a current population of 7,365), which she feared would become Irwin’s preference. Fortunately, on
the way back, they decided to visit Gail’s friend in San Jose, who told them that they really should go to Santa Cruz. After
a visit here, the rest, as they say, is history. Gail was the first to get a job, with the school system in San Benito and later
Live Oak, and Irwin started practicing with a chap named Harold Cartwright.
By the mid-1980s Irwin and Gail had decided to adopt. On a fateful Halloween Day two very confused Korean
children arrived at the San Francisco Airport. Three and-a-half year-old son, Dae-Jin, whose name translates to “Great
Truth,” arrived with his five year-old sister, Noona, whose name, rather appropriately, translates to “Big Sister.” (Hmm,
this author also has two adopted children, also now adults.) The children—now in their mid-thirties—have gone on to
make Irwin and Gail three-time grandparents, with kids ages seven, six, and a recently turned one year-old.
After becoming parents, Gail and Irwin moved to Los Gatos, where the kids attended schools and Gail worked in the
school districts. Gail also ran the interior design business known
as “Joseph and Joseph.” Wait… but, her last name is Schwartz? She named her business after her children’s last names.
After their kids moved on to college, Gail and Irwin
returned to Santa Cruz, and Gail began working with schools in
our county again.
A decade ago Gail was approached about helping out
the Trial Lawyers Association, which, unfortunately, was in
a bit of a state of disarray. The checkbook could not be found
for about a year, so Gail worked for free. During Gail’s decadelong tenure her knowledge and interaction with the local legal
community, and her deep roots and relationships within the field of
education, provided a unique asset. As a result, the Association’s
educationally-related programs flourished. Cookie Court, aka Elementary Law, has grown and expanded, especially throughout the South County. During
Gail’s tenure, hundreds of young Santa Cruz County students have had a friendly, informative introduction to our legal
process. Teachers were also given guidance on how to integrate the program into their curriculum, and materials were
revised to be more student-friendly. Gail pointed out that schools might need financial support to participate in the
program, prompting Austin Comstock to acquire a grant to pay for paper and transportation, now available to any school
in need. The High School Mock Trial program has also flourished, benefitted by Gail’s suggestion of training scorers to
ensure more consistency. Gail also planned the annual Elbow Rub, organized all of the SCCTLA-sponsored events with
John Laird, Sam Farr, and new lawyers, and ran the daily business of the Association. *Phew.*
It was no doubt a challenge to work with an all-attorney and all-volunteer board of directors, and particularly,
as the name indicates, “trial lawyers.” As the speaker observed during an Elbow Rub presentation to Gail in May, trial
lawyers are great “idea” people, but with follow-through, and institutional memory ... not so much. And, trying to corral
them would be similar to trying to herd cats ... of the feral variety.
Many thanks to Gail for all of her time, knowledge, patience, hard work and efforts. Best
wishes to her in all future ventures and for a richly-deserved retirement.
Written by Timothy Schmal , Esq.
of Schmal Law
April 7, 2015
SCCBA MCLE
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A Mentee’s Ode to the Mentorship Program
by Courtney A. Martin, Esq.
of Law Offices of James F. Miller, P.C.
Not only am I a new attorney, but I am also a new resident of Santa Cruz County after moving here from
Pasadena last year. I joined the Santa Cruz County Bar Association and soon found out about its Mentorship Program.
I knew that this was the perfect opportunity for someone like me, who has only been practicing for two years, to expand
my network and meet more established attorneys in this community.
I attended the Mentorship Program kick-off event in October where I was able to hear judges and attorneys,
including my future mentor Michelle Anderson, speak about their experiences in the legal profession. There were many
questions I wanted to ask Michelle, a fellow estate planning attorney, including how she got started, how she liked being a
solo practitioner, and how she is able to maintain a work-life balance, but I didn’t feel comfortable approaching someone
I had never met before and asking such personal questions.
The Mentorship Committee spent many hours reviewing mentee
and mentor applications and analyzing who would be compatible pairs
based on various factors
such as practice area,
You Don’t Have to Be a New Lawyer interests, location, etc.
to Benefit from Mentorship
Little did I know at the
time that Michelle would
If you are making a change in your legal eventually be my mentor.
career, such as exploring a new practice
As it turned
area, moving from a multi-person firm to a out,
Michelle
and I are
solo practice or vice versa, or you are new
to the Santa Cruz area, don’t underestimate both vegetarians so we
decided to meet at Café Gratitude. Although I brought my pen and
the value of having a Mentor.
notepad, I hardly took any notes. It felt much more like a casual lunch
A Mentor can help make the transition than a business meeting. Michelle was so easy to talk to and was
smoother and support your continued happy to share her advice, stories, and tips with me. I have a better
professional development. The Mentorship understanding now, for example, about the importance of obtaining an
Program is designed to facilitate networking existing client’s informed written consent before representing a new
and build access to legal information and client whose interests may potentially conflict. I also quickly learned
resources through a one-to-one relationship. that Michelle is a wealth of information not only because she has been
The program is available free of charge to an attorney for many years, but because she has been so active in the
legal community, with past positions such as President of the Santa Cruz
SCCBA member attorneys.
County Bar Association, President of the Women Lawyers of Santa
Mentor/Mentee pairings are based on a Cruz County, and Secretary of the Dominican Hospital Foundation.
variety of factors, including practice area, Michelle seems to know virtually everyone in this town and is a great
specific interests, geographic location, resource!
and other information provided on the
Other mentees I have spoken with have similarly expressed
Mentorship Program application.
how grateful they are to have someone to confide in who has “been
To learn more, visit the SCCBA website at there and done that,” and are willing to share their insights along the
www.santacruzbar.org or contact us at way. Mentors also enjoy learning from their mentees. “I believe the
mentorship program is valuable, and I am impressed with the work
[email protected] or 831-423-5031.
the committee did to create such a well-organized and worthwhile program,” said Michelle. “For me personally, it has
been a great opportunity to meet and connect with the newer attorneys in town. I have really enjoyed getting to know
Courtney!”
When my husband, Yakeen, and I attended the annual holiday party co-hosted by Cartwright, Scruggs, Fulton &
Walther, the Law Office of Austin B. Comstock, and the Law Office of Thomas Shanle, we spent much of our evening
with Michelle and her husband. We had such an enjoyable time that by the end of the night Yakeen wanted to arrange
a time for Michelle’s family to come over to our house for a barbeque (which hasn’t yet happened, but we hope it does
soon!). It was a great surprise to discover that what began as a professional relationship turned into a friendship.
The Mentorship Program brings together new and experienced attorneys who are both excited about getting to
know and learning from one another. I highly encourage anyone who is interested in being a mentee or mentor to fill out
an application this fall – you won’t regret it!
Tanya Miraglia and Lisa McMillan
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May 15, 2015
Santa Cruz County Trial Lawyer’s Association
Annual “Elbow Rub”
Honoring Distinguished Service
Award Recipients
Terry and Laura LaPorte
Award Recipients Laura and Terry LaPorte
and daughter Nicole
May 19, 2015
SCCBA MCLE
“Important Constitutional Issues
Confronting the U.S. in 2015”
SCCBA President Pamela
Mathiesen with speaker
Daniel Sheehan, Esq.
Bench-Bar Liaison
by Laura Walther, Esq.
of Cartwright, Scruggs, Fulton & Walther
The second Bench Bar meeting of the year took place at 12:00 on April 15, 2015 in Department 5 of the Santa Cruz
Superior Court, with Presiding Judge Marigonda, and Judges Tim Volkmann, Denine Guy, and Paul Burdick present.
Judge Marigonda confirmed that the ongoing preparation for the transition to the Tyler Case Management System is
on schedule, and that the the new system will be operational on October 13, 2015. Judge Marigonda noted that the
internet access that the Santa Cruz Bar Association recently installed in the Santa Cruz Courts will allow attorneys to
view filed documents while in court when the new Tyler
Case Management System is operational, hence allowing
attorneys to become much more efficient. Contact the
SCCBA at 423-5031 to sign up for internet access at the
courthouse.
The next Bench Bar Meeting is scheduled for July 15,
2015, in Department 5 at 12:00.
Please submit any issues you would like addressed at this
meeting to Laura Walther at [email protected].
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23
Calling the proposed measure patently unconstitutional and utterly reprehensible,
California’s Attorney General has asked the court to intervene and block a proposed
ballot measure put forward by Huntington Beach attorney Matt McLaughlin called
the “Sodomite Suppression Act,” which refers to “sodomy” as “a monstrous evil”
and specifies that anyone who touches another person of the same gender for sexual
gratification be put to death by “bullets to the head” or “any other convenient method.”
California courts have held that the attorney general does not have the power to prevent
an initiative from moving forward. How would you rule?
The Attorney General, who is also a candidate
for a Senate seat, is not the one who decides
constitutionality of a ballot measure. Ironically, it
appears that she is the one who would be violating
the Constitution. We have had several initiatives
that have ultimately been ruled unconstitutional,
but it was the court that said so, not a politician.
This ballot proposal is another example why our
initiative process needs to be changed. Anyone
with enough money can get a measure on the
ballot, regardless of how frivolous or self-serving
it is.
Gil Stein
As atrocious and medieval as this measure sounds, the
referendum is essentially an exercise in free speech so it
must be allowed. Right thinking people will recognize it
for what it is and ignore it as the blathering of another hate
filled bigot.
Gary Redenbacher
As reprehensible and stupid as this initiative is, I
doubt that a court will intervene before it has gone
before the electorate, given the court’s reluctance
to prejudge laws proposed by the people in our
incredibly ridiculous initiative process where
inartfully drafted constitutional amendments are
adopted by inflammatory TV sound bites. Robert E. Bosso
Good Question. It would appear that EVERYONE should
be entitled to be able to move forward with a ballot.
Therefore, we should look at this as equality. Whether the
public elects to support the ballot is another story.
I would agree with the court. If any measure
qualifies to get on the ballot, no matter how much it
is despicable to the majority of the people it should
be permitted to move forward. We do not want
to give the Attorney General the power to censor
measures. If it is thought to be “hate speech” that
needs to be defined and a statute condemning it
must pass constitutional muster.
Jack Jacobson
Santa Cruz County Bar Association If this inane measure successfully makes its way through our
voters I would rule it invalid on Constitutional grounds, but
I do not believe the AG can pre-empt the People in this way.
Too bad! Maybe it will be another useful demonstration as
to how stupid the voters can be.
Jeff Bosshard
Also, whether it would be declared unconstitutional is still
another story.
Isn’t everyone entitled to equal freedom? Should we be
fair to everyone or not? I personally do not believe that
the attorney general should have the power to prevent an
initiative from moving forward and that the California
courts should still uphold that the attorney general does
not have the power to prevent the initiative from moving
forward.
Sal Basile
I’m with the AG. I’d call Matt McLaughlin a monstrous evil.
Gretchen Regenhardt
24

Celebrating the Lives of Two Esteemed Jurists Celebrating the Lives

Transcription

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