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THE BAR JOURNAL SPECIAL 2018 DOUBLE ISSUE: CAREERS OF DISTINCTION AWARDS & FALL BAR JOURNAL Hon. Arnold D. Rosenfield (Ret.) Steven C. Mitchell Catherine A. Conner

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Page 1: Bar Journal JanuaryREV · 2018-09-21 · Beaman Larry Scoufos 2008 2008 2009 2009 2009 Clayton E. Clement Arthur L. Lafranchi 2010 2010. 8 THE BAR JOURNAL Gallery of Careers of Distinction

THE BAR JOURNAL

SPECIAL 2018 DOUBLE ISSUE:CAREERS OF DISTINCTION AWARDS

& FALL BAR JOURNAL

Hon. Arnold D.Rosenfield (Ret.)

Steven C. Mitchell

Catherine A. Conner

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32018 SPECIAL COD/FALL BAR JOURNAL ISSUE

This issue of the SCBA BarJournal is actually a “spe-

cial” two-for-one—we haveincluded both this year’s Careersof Distinction Awards (“COD”)issue and the traditional Fall BarJournal into this single Journal.Thus, the first section focuses on

the COD Awards, where we, as is customary, feature arti-cles focused on this year’s three COD recipients. Thesecond section serves as the Fall Journal, including ourstandard editorial, a report on June’s Summer Soirée aswell as several other summer Bar Association events, andother regular features such as Movers and Shakers, NewMembers and the upcoming Calendar. In my President’sMessage, for this Journal issue, I will reflect on my per-sonal connection to our COD Awards.

As sitting President of the Bar Association, one of thegreatest honors is to serve as master of ceremonies for

the COD Awards. In my first President’s Message, Inoted that the first COD dinner I attended had an espe-cially impactful impression on me. This year, I am excitedto be a part of this great event. For those who may notever have attended a COD Awards Dinner, recipients arechosen by a committee which is comprised of previousCOD Award recipients, prior SCBA presidents, andmembers of the current SCBA Executive and SpecialEvents Committees. The criteria is that each honoreemust have practiced law in an exemplary fashion, havedistinguished themselves as jurists, litigators, and practi-tioners, and have applied due diligence in the practice oflaw day after day. In other words, lawyers and judges whohave enjoyed archetypal careers, over the long haul. TheHall of Fame, as it were. Activities outside the law suchas community involvement, volunteerism and othernoteworthy achievements are also considered importantfactors in choosing the honorees. Since 1993, 67 profes-sionals in our legal community have received this honor.

This year, there is no shortage of very deserving hon-orees—The Honorable Arnold D. Rosenfield (Ret.),Catherine A. Conner, and Steven C. Mitchell. They rep-resent a wide cross-section of the Sonoma County legalcommunity—from the Sonoma Superior Court bench,to attorneys practicing at a very high level in the areas offamily law, civil rights, business and employment and tortdefense, among others. All three are among SonomaCounty’s finest.

As President, I was tasked with imparting the good newsto Judge Rosenfield, Catherine, and to Terri Mitchell.Judge Rosenfield was out of the country on vacation,but I was able to get an email out to his wife, Phyllis,who received it at 3:00 A.M. her time. She wasted notime and woke up her husband, at 3:00 A.M., to give himthe exciting news! I was able to speak directly withCatherine on the phone, and had the rich experience ofgiving someone very happy news who clearly did notexpect it. She was shocked—speechless in fact. A rarecondition for a lawyer. My call to Terri Mitchell wasespecially rewarding, since this award represents a verypublic acknowledgment that Steve’s legal career was,

In This Issue

From the President: Presiding over the CODAwards—the Honor is Mine

ByMitchell B. GreenbergPresident, SCBA

Continued on page 11

President’s Message: COD—the Honor is Mine...............................3

Gallery of Careers of Distinction Honorees ..................................4

Judge Arnold D. Rosenfield’s Journey to the Benchand Beyond.................................................................................13

Catherine A. Connor: Pioneering the Forefront of New Ideas....17

2018 COD Photo Retrospective ...............................................22

2018 COD Event Program.........................................................23

Steven C. Mitchell—a Lawyer’s Lawyer.......................................24

2018 COD Event Registration Form .........................................28

2018 Fall Bar Journal Issue Cover ...............................................29

From the Editor: The Erosion of Judicial Independence ....................31

Welcome to New Members of the SCBA, Fall 2018..................33

An Ode to the 16th Annual Summer Soirée ..............................34

2018 Court Staff Appreciation Breakfast ....................................36

A “Day at the Races” Becomes “A Day at the Fair” in 2018 ......38

Gov. Jerry Brown Appoints Barbara Phelan the Newest Sonoma County Superior Court Judge ......................................40

SCBA “Movers & Shakers” ........................................................40

Brian Purtill Succeeds J. Michael Mullins as Dean of Empire College School of Law ..................................................41

2018 Upcoming Schedule of Seminars & Events........................42

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4 THE BAR JOURNAL

Gallery of Careers of Distinction Honorees

Hon. Joseph A.Rattigan

Hon. John H.Moskowitz

Francis J.Passalacqua

ThomasBrownscombe

Hon. Joseph P.Murphy

1993 1994 1994 1994 1995

Luda Barham

Charles DeMeo ClarendonAnderson

Nicholas DeMeo B. Scott Foster

1995

1995 1995 1996 1996

John Lounibos Leroy Lounibos

1996 1996

Jack Ryersen Everett H.Shapiro

Hon. Robert BallJohn F. “Jack”Shea

Dennis Keegan

1997 1997 1997 1998 1998

Carlton W.Spridgen

Hon. Rex Sater AnnetteLombardi

R. WinfieldAchor

MichaelO’Donnell

1998

1999 1999 1999 2000

Hon. WilliamBoone

John F. “Jack”DeMeo

2001 2001

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52018 SPECIAL COD/FALL BAR JOURNAL ISSUE

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6 THE BAR JOURNAL

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72018 SPECIAL COD/FALL BAR JOURNAL ISSUE

Gallery of Careers of Distinction Honorees (cont.)

Alfred F. Maggini James R.Mazzoni, Jr.

Hon. Lloyd vonder Mehden

Steven C.Neustadter

Edwin C.Anderson

2002 2002 2002 2003 2003

Dee Schilling

Hon. Jeanne M.Buckley

William E. GearyHon. Richard“Dick” Day

Harvey W.Hoffman

2003

2004 2004 2004 2005

C. Kenneth James Michael D.Senneff

2005 2005

Robert J. Henry John A. Klein Gregory J. JacobsRichens L.Wootton

Leroy J. Lounibos, Jr.

2006 2006 2006 2007 2007

Chris Andrian

Thomas R.Kenney

Hon. WilliamBettinelli

Hon. DennisBeaman

Larry Scoufos

2008

2008 2009 2009 2009

Clayton E.Clement

Arthur L.Lafranchi

2010 2010

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Gallery of Careers of Distinction Honorees (cont.)

Hon. Gayle C.Guynup

L. Stephen Turer Hon. Laurence K.Sawyer

Frederic L.Hirschfield

Richard W. Abbey

2011 2011 2012 2012 2013

W. BartonWeitzenberg

Patrick W. Emery Les PerryHon. StephanyJoy

Kirt Zeigler

2013

2013 2014 2014 2014

Willard “Bill” A. Carle III

Patrick G.Grattan

2017 2017

Hon. Arnold D.Rosenfield (Ret.)

Catherine A.Conner

2018 2018

ChristopherCostin

David Grabill

2015 2015

J. Michael Mullins Sondra JeanPersons

2016

Steven C. Mitchell

2018

2016

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112018 SPECIAL COD/FALL BAR JOURNAL ISSUE

indeed, extraordinary, and that his peers have decided torecognize his very successful years as a trial lawyer andtrusted counselor in Sonoma County.

Judge Rosenfield had a very successful career prior to hisappointment to the bench as a deputy district attorney.Once on the bench, he was selected Juvenile CourtJudge of the Year in 1999 by the California JudgesAssociation, and received our very own Rex SaterAward from the SCBA for his excellence in Family Law.His efforts, however, extended well beyond the courtbench. He participated in the establishment of theRedwood Children’s Center, which streamlines theinterviewing and medical examinations of child abusevictims. He founded Court Appointed Special Advocatesof Sonoma County, which is committed to servingabused and neglected children coming before theJuvenile Court for protection and rehabilitation services.Finally, he brought the restorative justice approach to theJuvenile Court here in Sonoma County. JudgeRosenfield is a worthy recipient of this award.

Catherine Connor has been practicing family law inSonoma County for many years. What sets her apart as sodeserving of this honor is that she has been a leader in thecollaborative practice of family law. The collaborativepractice is a method of resolving family law disputeswhere the participants work with a team of professionals(attorneys, financial advisors, psychiatric professionals,etc.) to reach their own marital dissolution agreements,working together in a respectful way, while protectingthe most vulnerable members of the family—the chil-dren—all without the court or a judge. Catherine wasone of the founders of the International Academy ofCollaborative Professionals, and was the founding chair ofthe SCBA’s Collaborative Law Section and first presidentof the Collaborative Council of the Redwood Empire.Catherine’s fine work in the incredibly challenging worldof family law no doubt serves as strong support for herreceipt of this award.

I met Steve Mitchell when I first started practicing inSonoma County in 2005. A natural custom, when youfirst move into a new community, is to determine whothe leaders are in the community. It was apparent to meimmediately, without a doubt, that Steve was one of thelegal leaders in Sonoma County. He had the ultimate

respect of both the judges and attorneys. He was a“lawyer’s lawyer,” one of those rare breeds, who couldaggressively litigate a case to put his client in the bestposition for either resolving the matter before trial, or ifnecessary, try the case, all with civility and the respect ofthose involved. Steve did not need to bully his oppo-nents to get the great results he achieved; rather, heachieved great results by a combination of great skilland hard work, garnering respect from counsel, thebench and juries in the process. Steve conducted him-self outside the legal world much as he did in his capac-ity as a professional—whether it was spending timewith his family, or playing competitive tennis, or flyfishing, or hanging out with friends—as a fine man withgreat ethics and morals, one who commanded greatrespect and who attracted many, many people within hisorbit. I, personally, am especially proud that Steve isbeing honored during a time when I can directly bepart of this celebration.

On behalf of the entire SCBA, I congratulate these threerecipients on this well-deserved honor.

From the President (continued from page 3)

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Judge Arnold Rosenfield (Ret.) grew up in NewHaven, Connecticut in a primarily Italian neighbor-

hood. His childhood was typical of the time: playingbasketball and baseball, earning his stripes with the BoyScouts of America, working at a delicatessen.

Judge Rosenfield’s family placed heavy emphasis on hisschoolwork, which was supplemented with Jewish reli-gious school two afternoons a week and every Sunday.

He describes a like-minded community with Catholic,Protestant, and Jewish families living in harmony. That’snot to say it was idyllic; there are the usual gripes aboutthe East Coast: stifling humidity, never-ending piles of snow to shovel. JudgeRosenfield describes it as a great placeto grow old. This is far from glowingpraise considering it was his teenageself who drew that conclusion.

Judge Rosenfield soon headed forgreener pastures, leaving home forVanderbilt University in Nashville,Tennessee just a few weeks after his17th birthday. He continued to playbasketball through his freshman yearof college but spent most of the timeon the bench because he was “toosmall and too slow.” It was perhaps thelast time he took a backseat to anyonein a competition.

He stayed at Vanderbilt through college and law schoolonly leaving in 1965 for a summer sojourn attendingclasses at UC Berkeley.

While Judge Rosenfield was two years too early for theSummer of Love, he did witness the beginning of sig-nificant social change, by hanging out in coffee shopsand listening to Mario Savio expound on theorieswhich became the bedrock of the Berkeley FreeSpeech Movement.

Judge Rosenfield lived at a fraternity house while atBerkeley but promises it was not like a modern fraternity.He learned a bit about life and waited tables for money.

He returned to Vanderbilt, completing his undergradu-ate degree in chemistry in 1967 which he says was

“very fortunate.” (More on why shortly.)

Judge Rosenfield worked during summers whileattending law school, one year joining other Vanderbiltlaw students helping set up health care delivery systemsin northeast Tennessee—deep in Appalachia—duringthe War on Poverty.

“It was a wonderful experience—except for the case ofsalmonella I contracted,” he says. That summer he alsobecame a Christian Fundamentalist (temporarily) aschurch services were the place where you met people.

During his time in Appalachia, JudgeRosenfield worked to help UnitedMine Workers miners get benefits forblack lung disease. The UMW localwas located in LaFollette and, accord-ing to Judge Rosenfield, were a roughbunch who sent hit men to executeJoseph “Jock” Yablonski, a reformcandidate for the UMW presidency.

“Part of the experience was seeing alot of corruption,” he says.

Meanwhile, the Vietnam War was rag-ing and Judge Rosenfield had a verylow draft number. He was called forhis draft physical while still in lawschool and had a history of asthma

which would have exempted him. But he could not gethis medical records for proof, as his childhood doctorhad just died.

So, he passed the physical and appeared to be headedto southeast Asia. The only deferment he could get wasfor teaching science. Hence, Judge Rosenfield droppedout of law school and taught high school chemistry in1968 and 1969.

He eventually returned to law school, earning his J.D. in1971 and marrying his wife, Phyllis, the same year.Recruited by the Los Angeles County Public Defender,Judge Rosenfield’s first legal job was in L.A. While hehad loved L.A. as a single person, he moved back a mar-ried man heading up a one-car household, whichproved less than practical.

Judge Arnold D. Rosenfield’s Journey to the Benchand Beyond

Continued on next page

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But there were parts of L.A. he loved. Importantly, insunny southern California, there seemed to be norestrictions on what a person could become. “In L.A., alot of people turn themselves into what they want to bewith no reference to what they were,” he says. This stoodin stark contrast to his East Coast upbringing with whiffsof a subtle caste system.

However, Judge Rosenfield was not destined to be anAngelino. Despite having been hired for a job and mov-ing to L.A., Judge Rosenfield did not immediately beginwork as a public defender.

In fact, he never worked a day as a public defender.Following his recruitment, there was a hiring freeze andthe Assistant Public Defender who had recruited himhad died. Undeterred, Judge Rosenfield worked for anon-profit associated with UCLA, focusing on flamma-bility standards for children’s sleepwear while he waitedfor the go-ahead on his public defender job.

But, despite moving to L.A., he and Phyllis always hadan eye toward living on California’s Central Coast.

The plan came to fruition in early 1972 when JudgeRosenfield was offered a job with the County of SanLuis Obispo District Attorney. “I was very, very fortunateto get a good job,” he says.

For someone who started a legal career intending to bea public defender, what was the draw to prosecution?

“It’s where the power is,” Judge Rosenfield explains. “It’sthe line that separates the police from the people.” AndSan Luis Obispo at that time was a picturesque commu-nity of about forty thousand. He and Phyllis would havestayed there, but life had other plans.

While working in San Luis Obispo, Judge Rosenfield hada case against Grolier Encyclopedia—only the secondconsumer protection case in the state of California. Thehigher-ups wanted him to set up a consumer protectionunit in the office, which he did, recruiting interns and vol-unteers from nearby Cal Poly. Judge Rosenfield eventuallysettled the case, securing refunds for around thirtydefrauded consumers—and he made the papers.

Gene Tunney, at that time the District Attorney ofSonoma County, caught wind of the hard-chargingyoung lawyer and hired him to work at the County of

Sonoma Office of the District Attorney in 1977. JudgeRosenfield established the county’s consumer protectionunit within six months of his arrival, but left the D.A.’soffice in 1980 to go into private practice with IrvPiotrowski and Margaret Anderson.

His practice touched on business, family, and criminallaw but Judge Rosenfield soon found private practicewas not his cup of tea. He describes it as a “whole dif-ferent ball game” with the people paying the bills havingdifferent expectations. Cutting to the chase, JudgeRosenfield explains he was expected to kowtow to peo-ple in private practice.

“I wasn’t cut out for that,” he says. Fortunately, he wasappointed as a commissioner in 1983 and elected to thebench in 1984. He knocked on countless doors and gotto know his community “in a way you don’t get anyother way” during the year-long campaign where threelawyers vied for the single open spot on the bench.

“It’s an experience you only want to do once, for a lot ofreasons,” he says. And he never did it again. JudgeRosenfield was unopposed from his first election until heretired from the bench in 2009, although he continues tosit on occasional assignment for the Judicial Council.

Remaining true to his roots in the War on Poverty and theactivism he witnessed at UC Berkeley, Judge Rosenfieldhas left his mark on the local community. Aside from hisjudicial service, including two turns as Presiding Judge, hefounded Court Appointed Special Advocates for Youth(CASA) and Minimizing Occurrences of Violence inEveryday Society (MOVES), and helped found Valley ofthe Moon Children’s Foundation. Additionally, he serveson boards almost too numerous to mention:Congregation of Beth Ami, Congregation Shomrei Torah,the Jewish Community Center, Jewish Family Services,Social Advocates for Youth (SAY), Lifeworks, and theFamily Service Agency.

If his resumé seems to center around children and theJewish faith, that’s because it does.

“I’ve always felt it important, given the history of theJewish people, important to keep your identity and sup-port causes that make sure it isn’t lost,” he says of his sup-port for causes related to the Jewish faith.

Continued on page 16

Judge Arnold D. Rosenfield (continued from page 13)

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As a commissioner, he sat on the juvenile bench abouteighty percent of the time. Judge Rosenfield says it wasvery different to deal with problems presented by kidswho ended up in juvenile court and their families.

“It got to my heart and it got to my brain that most ofthese folks are having problems compounded by thecourt system and they were suffering,” he says. “I dedi-cated myself to trying to make the system work betterfor families in crisis in the court system.”

Despite being mostly retired, Judge Rosenfield maintainsan active schedule. He reads for pleasure—primarily his-tory, and he holds tickets for both the A’s and the Giants,along with the Warriors. He was “very athletic” for along time but is now a “gym person.”

“I used to play bridge and will play more when I gothrough retirement 2.0 in December,” he says.

Judge Rosenfield may not have as much time for bridgeas he anticipates. His son, Asa, welcomed a baby boy inJanuary 2018—Judge Rosenfield’s first grandchild. Healso has a daughter, Jessica, who has worked as a makeup

artist on music video and commercial sets in Los Angelesfor the past 15 years.

But bridge is not the only plan he has for 2019 andbeyond. He got a Portuguese Water Dog from Judge JulieConger named “Respingo,” which is Portuguese for“splash”—“Pingo” for short. Right now, Pingo lovestheir trips to the park, but during Retirement 2.0 JudgeRosenfield aims to train Pingo to visit people in hospitals.

When asked what advice he would give to his fellowlawyers and judges, Judge Rosenfield defers to the inim-itable former state senator and appellate justice, Joseph A.Rattigan, who was a mentor: “When you confront prob-lems, do what you think is right and wait for someoneto tell you they don’t agree with you.”

Judge Rosenfield will likely be waiting a long time.

Judge Arnold D. Rosenfield (continued from page 14)

By Sarah Lewers

Sarah is a litigator with Krankemann Petersen, LLP, inSanta Rosa. She is a regular contributor to The BarJournal, and writes profiles of local attorneys as well asother articles of interest.

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172018 SPECIAL COD/FALL BAR JOURNAL ISSUE

What do you get when you mix a stellar legalmind and a passion for collaboration with

feminism and a dash of sass? Lawyer—and sometimetractor driver—Catherine Conner.

Born to California natives, Catherine spent her form-ative years in the San Gabriel Valley. She grew up in anuclear family typical of the time and place with herparents, older brother and younger sister. Catherinerecalls a childhood filled with sunshine, time spent onher grandfather’s orange and avocado ranches, andswimming in the Pacific Ocean.

Catherine interned at a law office inhigh school but they did not knowquite what to do with her, so they sether up reading casebooks. The mun-dane task sparked her enthusiasm forlaw, the only career Catherine everconsidered. In fact, later her volun-teer work at a women’s shelter dur-ing her senior year of collegeinspired her to go to law school torepresent battered women.

That’s not to say she was enthralled.High school was not a high point.In fact, she left high school a yearearly because she was a bit bored,and began attending classes at UCLA. Catherinereceived her high school diploma after completingher first year of undergrad, by applying her collegecredits toward the high school graduation require-ments.

High school curriculum was not the only aspect ofher teenage years that bored Catherine. Her parentshad moved from Pasadena to Arcadia, which shedescribes as a bland, white-flight town.

By contrast, UCLA was exciting. It was during hertime at UCLA that Catherine woke to political activ-ity and the first wave of the feminist movement.

In what would become a pattern, Catherine eschewed

the usual college freshman experience, choosing anovel program where classes were taught according toa theme to a smaller group of students who were pro-vided their own lounge to foster relationships. Thiscreated a sense of community, perhaps planting theseed that would flourish into her career as a leader inthe collaborative law movement.

While she began her college career as a history major,a sociology class inspired her to pursue a double majorwith a specialization in women’s studies.

Catherine moved to Lund, Sweden,for her junior year of college, takingclasses taught in Swedish despiteonly one year of instruction and asix week summer course in the lan-guage. Catherine even read text-books in Danish—the languageswere similar enough that she wasable to understand the content.

Catherine found time to explorethe USSR during her spring break,touring Leningrad (now St.Petersburg, again) and Moscow. Shedid not return home immediately,but purchased a Eurail pass andtraveled throughout the summer.

Catherine primarily traveled solo, cementing herblossoming sense of independence.

She returned to an unexpected surprise: A brokenhome. While she was away, her parents had separatedand initiated a divorce. The breakup of her familyshook Catherine.

“That must have played a role in my career,” Catherinesays of the split.

Her career was the next step in her journey. Catherineleft sunny southern California to attend Boalt Hall at

Catherine A. Conner: Pioneering the Forefrontof New Ideas

Continued on page 19

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UC Berkeley. Berkeley in the early 80s was a changeof pace she calls a “great move.”

Always on the forefront of new ideas, Catherinearrived at Boalt during a time when the law schoolsought to dampen competition between students byabandoning letter grades in favor of a modifiedpass/fail grading system.

Especially significant to Catherine were two profes-sors: Marjorie Shultz (Contracts) and Herma Hill Kay(Family Law). Shultz had enthusiasm, presence, andexplained the law in a way that made sense “withsome humanity in it.”

Hill Kay elevated Family Law, making it intellectual,demanding, and interesting at a time when FamilyLaw was viewed as less serious than other classes.

“I was lucky to have her as a teacher,” Catherine says.Learning from Hill Kay was another nudge in thedirection of Family Law as a practice area.

For the bar exam, Catherine front-loaded her studiesand escaped to Calistoga the weekend before theexam, reviewing next to the pool and getting mas-sages. That doesn’t mean the test was easy or pleasant;she had dreams about it for a decade afterward.

Catherine and chum Marjorie Slabach explorednorthern California during law school and lovedSonoma County. Slabach met a woman with a familylaw clinic who passed it on to her and Catherine. In1983 Catherine founded Connor & Slabach, nowConner, Lawrence, Rodney, Ohliser & Barrett, LLP—notably helmed by all female partners.

But founding a firm does not an experienced litigatormake. Catherine’s first opposing counsel was CarrollRagland. During a hearing, Catherine was expectedto query her own client with jurisdictional questionsbut Catherine had no idea how to handle this task.Ragland coached her through the hearing, eventuallybecoming a trusted mentor.

Catherine became a family law specialist in 1992 when

there were fewer than ten family law specialists inSonoma County. However, litigation was not her destiny.

Catherine is best known for her work in ADR, bothin mediation and collaborative practice. TheCollaborative Practice movement began in Minnesotain the early 90s, making its way to Sonoma Countytoward the end of the decade. At the same time, a BayArea group was working with similar methods.Catherine was a member of the Bay Area group,which eventually grew into the InternationalAcademy of Collaborative Professionals.

So, how does collaborative practice work? Well, it’sdrastically different than traditional litigation.Catherine describes the core of collaborative practiceas a team of parties and legal, mental health and finan-cial professionals working together with full disclosureand a focus on what is important to the families andchildren.

Collaborative practice and Catherine’s style of medi-ation involve a different level of trust between partiesand professionals. More attention is paid to dynamicswith a focus on trust and communication. In a stan-dard legal negotiation, the focus is on numbers andlaw and the clients’ feelings are suppressed.

“ ‘Client control,’ I hate that phrase,” she says.

Mediation and collaborative practice give room forclients to explore their feelings, acknowledge emo-tions, and work through them constructively. Eachprofessional serves the clients in his or her specialityto help reach the best outcome in a cost-effectivemanner.

Like all attorneys, Catherine has war stories. Two areparticularly memorable: One from her litigation days,the other from collaborative practice.

While litigating, Catherine represented a father in achild custody action. The mother made accusations

192018 SPECIAL COD/FALL BAR JOURNAL ISSUE

Catherine A. Conner(continued from page 17)

Continued on next page

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that didn’t jive and, during the custody evaluation,moved to a different state before being ordered back. Unusually, the report was delivered in the courtroomand recommended custody immediately change toCatherine’s client. The mother later attempted an end-run by securing an ex parte order in Marin Countyawarding her custody. She attempted to pick up the childfrom school mid-day, only to be informed by school staffthat the child had to complete the school day.

Catherine found out, dictated pleadings over thephone to her secretary as she drove back from an outof county meeting, and located Judge Cerena Wong atthe courthouse. Judge Wong went into chambers,faxed the Sonoma County custody orders, andphoned the school with instructions not to release thechild to the mother.

The mother was eventually convicted of perjury for

the Marin action, with Catherine testifying as a wit-ness. All told, the mother went through seven attor-neys before she ended up representing herself andearning a vexatious litigant classification.

“That case is an example of when you absolutely needto have a judge make a decision,” Catherine says.

In stark contrast, Catherine’s most memorable collab-orative case involved a father who was largely absentfrom the daily lives of his children. The mother real-ized it would be positive for the father to learn to bea better parent, and the two worked together for thegood of their family.

Catherine recalls the meeting when the final agree-ment was reached, and when it was time to go, themother told her ex-husband, “I’ll be there at 3:00”and the man replied “OK.” Catherine asked what was

Catherine A. Conner(continued from page 19)

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happening at 3:00. “Oh, I’m decorating his house,” themother said. Quite a different outcome than her mostmemorable litigation case.

Divorced couples have “a different kind of relation-ship than before the divorce, but still a relationship,”Catherine says. Mediation and collaborative practiceprovide a better chance to work through the emo-tional aspect of a divorce than traditional litigation.

Catherine is a director of The Center forUnderstanding in Conflict, a director and pastPresident of the International Academy ofCollaborative Professionals, and a former director andpast President of the Collaborative Council of theRedwood Empire. This is in addition to maintaining anactive practice, participating in several Bar Associationsections, attending and conducting various training ses-sions, and sitting as a judge pro tem. She recently starteda program called the Family Law Mentoring Project tohelp newly-minted family law attorneys. The firstmeeting is set at the end of August.

Someone with this much on their plate surely doesn’thave time for hobbies or philanthropy—right? Wrong.

Since law school, Catherine has served on the board ofdirectors for the Edward & Elizabeth ConnerFoundation. Founded by her great-uncle EdwardConner, the Conner Foundation initially providedscholarships to students from the farming town ofBrentwood to attend junior college, expanding to pro-vide similar scholarships for students in upstate NewYork, and moving into international territory providingsupport to the Rwamagana Lutheran School inRwamagana, Rwanda. Now, Catherine’s daughtersMorgan Bassett Conner and Sydney Bassett Conner siton the board as well.

As for free time, Catherine and her husband, FredBassett, purchased four acres in 1986, living in amobile home while building their house. “I alwayswanted to build a house,” she says, explaining she ranelectrical wire and learned to set tile during con-struction.

She and Fred are stewards of the land, with Catherinedriving a tractor with a mowing attachment and Fred’shand-made front loader. They have a vegetable gardenand many fruit trees including twenty Gravensteinapple trees more a century old. One can find Catherinethere, caring for the garden, harvesting blackberriesfrom a patch growing along a creek on their property,enjoying the peace of nature.

212018 SPECIAL COD/FALL BAR JOURNAL ISSUE

By Sarah Lewers

Sarah is a litigator with Krankemann Petersen, LLP, inSanta Rosa. She is a regular contributor to The Bar Journal,and writes profiles of local attorneys as well as other articlesof interest.

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2017 Careers of Distinction HonoreesWillard “Bill” A. Carle III • Patrick G. Grattan

Photos courtesy of Owen Scott Shirwo

COD Honoree Willard “Bill” A. CarleIII accepting his award

Past COD honoree Patrick Emery, KarenWhite, COD honoree Patrick G. Grattan &

SCBA President Greg Spaulding

COD Honoree Willard “Bill” A. Carle III withNancy Carle and sons Trevor (left) and Tyler (right)

COD Honoree Patrick G. Grattan accepts the applause of the guests

At Right: COD Honoree Patrick G.Grattan accepts congratulations from

Pat Emery before accepting his award

Guests enjoy cocktails & nice weather inthe Hyatt courtyard

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2018 PROGRAMCareers of Distinction Awards DinnerOctober 19, 2018 • Hyatt Vineyard Creek

Honoring Hon. Arnold D. Rosenfield (Ret.),Catherine A. Conner & Steven C. Mitchell

7:00 P.M.Presentation begins during dinner with welcome by

SCBA President Mitchell B. Greenberg

Presentation in honor of Hon. Arnold D. Rosenfield (Ret.)with Introduction & Comments by

Mitchell B. Greenberg & Commissioner Jeanne M. Buckley (Ret.)

Presentation in honor of Catherine A. Conner with Introduction & Comments by

Mitchell B. Greenberg & Amy Rodney

Presentation in honor of Steven C. Mitchell with Introduction & Comments by

Mitchell B. Greenberg & Patrick G. Grattan

9:05 P.M. - Closing Comments by Mitchell B. Greenberg

5:00 P.M.Registration

5:30 P.M.Reception & No Host Bar

6:30 P.M.Dinner &

Awards Ceremony

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24 THE BAR JOURNAL

Steve Mitchell was the epitome of a lawyer’s lawyer.

He was an extraordinary trial lawyer with many jurytrials, both state and federal, under his belt. Steve was afantastic orator, able to speak with great skill and con-viction. He related as well to jurors as they did to him.Steve wrote magnificently. He was able to explain themost complicated legal issues succinctly and persua-sively. Steve was a passionate and ardent advocate, butno matter how aggressively or contentiously a matterwas litigated, he always conducted himself in a civil,courteous and respectful manner. Lawyers throughoutthe community liked him, trusted him and respectedhim. During the course of his career, Steve handledmore cases on the defense side, but he also representedplaintiffs on numerous occasions, in a wide variety ofcontexts, and with equal skill.

Steve practiced law with passion and conviction, andwas conscientious and hardworking to a fault. He wasnever unprepared. Without exception, Steve’s clientsbelieved in his abilities, trusted his instincts and reliedon his judgment. The Sonoma County Sheriff ’sDepartment, one of many long-time institutionalclients, thought so highly of his work that he was con-sidered “one of their own.”

Steve was a mentor and role model to lawyers and staffmembers at his own firm, as well as to lawyersthroughout the community. He was very highlyregarded by anyone who knew him. Most of all, Stevewas a lawyer of the highest honor and utmost integri-ty; his word was truly his bond.

But Steve was not one-dimensional. He had numerousinterests outside the law. He was an avid fly fisherman,an excellent tennis player, a skilled gardener, a dedicat-ed Stanford alumnus, and a lifelong fan of both the SanFrancisco Giants and the Grateful Dead. Perhaps, mostimportantly, he was a devoted husband to his wonder-ful wife and best friend, Terri Mitchell, and an amazingfather and role model to his four incredible children.He was the consummate family man.

To virtually anyone who knew him, Steve Mitchell

was the complete package. And, without question, hiscareer as a trial lawyer in Sonoma County from 1989to 2016, though too brief, was truly distinguished.

Born on May 22, 1959, Steve grew up in Eureka,California. He graduated from Eureka High School in1977 as the school’s valedictorian and number one sin-gles tennis player. Following in the footsteps of twogenerations before him, he entered Stanford Universityin the fall of that year. When asked why he did not playtennis at Stanford, Steve would say matter-of-factlythat the number one singles player on the team thatyear had won the NCAA championship, thus achiev-ing the title of best college tennis player in the nation;and the number two player on the team when Stevearrived that fall was away at Wimbledon—his namewas John McEnroe.

At Stanford, Steve made many lifelong friends withmembers of his Kappa Alpha Fraternity, and was elect-ed their Number One in his senior year. Also in hissenior year, while working at the Stanford DailyNewspaper, Steve met his true love and future wife,Terri Dobbels. After graduating in 1981, Steve andTerri moved to San Francisco where Steve beganworking for Arthur Anderson Consulting Company.Steve then entered UCLA Law School in 1983. Priorto graduating, he interned for California SupremeCourt Justice Malcolm Lucas.

In 1986, following law school, Steve married Terri andbegan his first full time job as a lawyer, working forthe Sheppard Mullin law firm in San Francisco. Aftera little more than two years, Steve moved his law prac-tice and family to Santa Rosa—and, in 1989, beganworking for the firm now known as Geary SheaO’Donnell Grattan & Mitchell.

Steve’s many achievements in the legal profession areimpressive. In 2005, Steve was elected to the Board ofDirectors of the Sonoma County Bar Association.Soon afterwards, he was appointed to the BarAssociation’s Executive Committee and, in 2009, heserved as its president. In 2011, Steve was nominatedto the prestigious American Board of Trial Advocates

Steven C. Mitchell—a Lawyer’s Lawyer

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252018 SPECIAL COD/FALL BAR JOURNAL ISSUE

(ABOTA), and was active for many years in theAssociation of Defense Trial Attorneys and theAssociation of Defense Counsel of NorthernCalifornia and Nevada, serving on their executivecommittees and boards of directors. For his last fouryears in practice, Steve was one of only a handful ofbusiness litigators in Sonoma County to be recog-nized as a Northern California Super Lawyer. He wasalso a founding member of the local chapter of theAmerican Inns of Court—which serves Sonoma,Marin and Napa counties.

The very close and trusting relationship Steve hadwith his many clients speaks volumes about his skill asa legal advocate. Bruce Goldstein, County Counsel forSonoma County since 2011, considered Steve his “goto” outside litigation counsel for the county’s mostdifficult and complex cases. According to Bruce, Stevecombined his “superior legal skills and high degree ofprofessionalism with a fierce tenacity, but that was

always tempered by a deep sense of empathy andcompassion for the individual defendants involved inthe cases he handled. Steve was someone with thehighest integrity to whom you could go with yourtoughest problems, and do so with complete trust andconfidence.” Rob Epstein, who has served as cityattorney for a number of cities in Marin County,including San Rafael, also relied on Steve for manyyears. He considered Steve to be an incredibly giftedattorney in whom he could entrust his most difficultand complex cases. “Steve taught me so much aboutclient contact, communication, strategy, empathy,negotiation, and courtroom work. There should be acontinuing education class for young lawyers entitled,“What Would Steve Mitchell Do?”

Judge Gary Nadler, appointed to the Sonoma CountySuperior Court in 2002, and in whose courtroom

Continued on next page

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26 THE BAR JOURNAL

Steve tried several cases, and appeared many times,succinctly summarized his impressions of Steve: “SteveMitchell was extremely competent, always prepared,and among the most trustworthy litigants who everappeared before me.” John Barg, a name partner withthe San Francisco law firm, Barg Coffin Lewis &Trapp, spent several months with Steve preparing forand trying a case in Judge Nadler’s courtroom. Thatexperience revealed to John that Steve was an excep-tional lawyer, “one of the very best [he had] encoun-tered in over 40 years of practice.”

Steve Mitchell was a mentor, a teacher and a role model—all in the truest senses of those words. Matt Goodcame to work for Steve’s firm in 2008, and workedclosely with Steve for more than eight years. He partic-ipated in more than a half dozen trials with Steve overthat span. Matt’s clearest memory of those extremelystressful, anxiety-provoking experiences, is feeling at alltimes a sense of calmness and confidence because “thebest lawyer in the courtroom is on my side.” Perhaps,even more important to Matt, was Steve’s role as amentor: “No matter how demanding or difficult it wasto satisfy Steve in private, in public, particularly in thecourtroom, I always knew Steve had my back. Heinstilled in me the necessary confidence to enable meto do the very best job I could do.”

David Bonta has been a paralegal since 1994, and hasworked with more than a dozen attorneys over thecourse of his career. David started working with SteveMitchell in 2001. He claims that Steve possessed allfour of the qualities necessary to be a truly exception-al lawyer: He was intense; he was intelligent; he wasinquisitive; and he conducted himself with the highestlevel of integrity. David also appreciated that Stevewas a caring, empathetic and extremely supportiveemployer—and was so, no matter whether the situa-tion involved professional or personal issues.

Jenna Coffey started working with Steve’s firm as anew lawyer in 2008, and was made partner this year.With the focus of her practice on family law, Jennadid not spend as much professional time with Steve,but was always impressed with the level of caring and

empathy he showed for everyone at his firm: “Stevehad a way of genuinely sharing in your joy and mak-ing it that much better. For everything from a goodresult at trial to finding out I was expecting a baby,one of the best parts was telling Steve.”

Steve’s gracious willingness to lend a supportive ear,helping hand and words of advice was not exclusivelyreserved for lawyers in his own firm. Bonnie Hamilton,a Sonoma County attorney since 1995, and a namepartner for many years with Bluestone, Zunino andHamilton (previously and informally known as “theSenneff firm”), recounted an incident that occurred inearly 2015. Having already been involved for severalmonths in one of the most difficult and challengingjury trials of his career, Steve noticed that Bonnie hadjust started a trial in the courtroom across the hall.Notwithstanding the demands on his time, Steve fre-quently checked in during breaks in his own trial to seehow Bonnie was doing, offer tips and impressions, andprovide moral support. “No matter what the situation,no matter how busy he might be, Steve was never toobusy to offer advice or assistance.”

Yet, despite the time and effort he devoted to his legalcareer, there was so much more to Steve Mitchell. Hislove of the outdoors began at a family cabin on the MadRiver just southwest of Eureka. Growing up, he enjoyedsummers at the cabin along with his parents and siblings,and later made lasting memories on the river with fourgenerations of the Mitchell family. That is where helearned to fly fish, a passion that took him around thecountry, indeed the world, in search of whatever elusivefish happened to catch his fancy—and a passion, alongwith his love of the outdoors that he later instilled in hiskids. Steve was extremely close with all of his children,including Scott (the oldest), Emily (who followed Steveand Terri to Stanford), Amy (who, along with Scott,graduated from UCLA), and Jenny (a recent graduate ofthe University of Washington).

When not on a fly fishing expedition or hiking in thewilderness, Steve could be found spending countlesshours nurturing homegrown vegetables in his gardenin the backyard of his Bennett Valley home, playing

Steven C. Mitchell (continued from page 25)

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272018 SPECIAL COD/FALL BAR JOURNAL ISSUE

competitive tennis (as a USTA Rated 5.0 tennis player),attending Giants games (as a longtime season ticketholder) and attending concerts (including GratefulDead shows as an avid Dead Head, and Lady Gaga,with his daughter Jenny).

Two of his law partners, and very close friends, summedit up in eloquent fashion. John Geary: “Steve was aremarkable lawyer who was resilient and unflappableand empathetic, all at the same time. Steve gained themost pleasure earning the respect of his clients andknowing that his efforts made a difference in theirworld. He was also the most well-rounded individual Ihave ever known”; and Pat Grattan: “Steve was the bestat everything (including friendship)—but neverbragged.”

In February of 2016, in an unforeseen and out-of-char-acter event, Steve took his own life. Everyone whoknew him was blindsided. Nobody had a clue that he

would—or could—make this choice, or that he hadany reason to do so. Everyone that knew him, especiallythose that knew him well, would say the same: Theynever imagined that Steve would do this.

But the memories we all share of Steve are bright andenduring. Though cut short, his career was truly dis-tinguished, and the Sonoma County Bar Association’smost prestigious honor—the Careers of DistinctionAward—is justly deserved.

By Lewis Warren

Lewis Warren is a name partner withAbbey, Weitzenberg, Warren & Emeryand past SCBA President.

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28 THE BAR JOURNAL

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THE BAR JOURNAL

Bluff Top Public Access Trail, Sea Ranch

Volume 56 Issue 3 Fall ’18

From the Editor: The Erosion of Judicial Independence

An Ode to the 16th Annual Summer Soirée • 2018 Court Staff Appreciation Breakfast

A “Day at the Races” Becomes “A Day at the Fair” in 2018

Gov. Jerry Brown Appoints Barbara Phelan the Newest Sonoma County Superior Court Judge

Brian Purtill Succeeds J. Michael Mullins as Dean of Empire College School of Law

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312018 SPECIAL COD/FALL BAR JOURNAL ISSUE

The California SupremeCourt’s decision to “pull”

Prop 9, the three California StatesInitiative, off the ballot thisNovember has some commonsense to it, but it came at a price.1

By way of background, sinceCalifornia was settled, there have

been over 220 efforts to divide the state and/or secedefrom the Union, with 27 such proposals in the past 150years.2 All have failed.

Similarly, Prop 9 was going nowhere. Although draftedby its sponsor, Timothy Draper, to divide the state intothree areas that have historically expressed strong differ-ences with each other, thus assuring some potential,strong support on the November 6 ballot from sectionsof the state that would like to separate from each other,a three-state California was totally dead in the waterfrom the get-go. The “compact” that is America wouldrequire national approval, and it wasn’t just doubtful the

rest of the country would reject four more Californiasenators—it was a certainty.

Thus, the California Supreme Court’s July 18, 2018decision has common sense about it. Also, as much as weall enjoy a heated election, voting to divide Californiainto its respective, oppositional camps, was not a veryconstructive way to address our differences.

But that was not the Supreme Court’s call.

It intervened to stop an election because the electionthreatened the status quo in California. In an Editorial,The Sacramento Bee acknowledged this, in part, in itsresponse to Mr. Draper’s Tweet (that Prop 9 oppositioncomes from the special interests who are showing theirdesperation to cling to power). “That may well be true,”concluded the Bee’s editorial [The Sacramento Bee,Editorial, July 14, 2018), but it went on to justify it nev-ertheless.

The use of the California Supreme Court as a tool toprotect a governing party’s status quo is unprecedented.But, you ask, didn’t that happen when the US SupremeCourt stepped in with Bush v. Gore [(2000) 531 U.S.98]? If it did, then that makes the point as well. Judicialintervention to protect a political party’s interests is notthe role of the Courts.

From the Editor: An Erosion ofJudicial Independence

By Malcolm Manwell

1. Planning & Conservation League v. Padilla, Case No.S249859. See the decision on the Supreme Court’s website:http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2256486

2. https://en.wikipedia.org/wiki/Partition_and_secession_in_California Continued on next page

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32 THE BAR JOURNAL

From the Editor (continued from page 31)

But there was an important difference in 2000. In 2000there was an existing controversy which was “ripe” fordecision. Our national elections hung in the balance.The legal issue was whether a state could change itsrecount protocols after the vote was in. Having thehighest Court in the land intervene to rule—one wayor another—was absolutely necessary so that we couldmove forward.

Nothing like that happened in California. In fact, noth-ing happened in California at all. The CaliforniaSupreme Court simply stepped in to stop the vote itself,a sobering extension of judicial norms.

Though the decision suggests some sort of a “potentialharm” outweighed allowing the voters to decide forthemselves, the Court did not state what that harm was.It then proceeded to act on behalf of the special interestswho wish to remain in power and took away one of ourmost cherished rights, a right the courts have longsought to protect.

So, the common sense result here was paid for at a price.Along with taking away the voters’ right to decide forthemselves, California’s highest court demonstrated itslack of judicial independence. The greater harm donehere, by far, was the California Supreme Court’s sacrific-ing its judicial mandate to serve political interests.

Our Republic requires an independent judiciary inorder to survive. If we continue down the present path,eventually court decisions will be disrespected. That isthe beginning of chaos. There is no guarantee ourRepublic will last; but it is guaranteed to fail when theCourts become tools for special interests.

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332018 SPECIAL COD/FALL BAR JOURNAL ISSUE

Linda Balok with Carle, Mackie, Power & Ross LLP

Nicholas Bernate with Clement, Fitzpatrick &Kenworthy

Elizabeth Cinque with Beck Law P.C.

Ahtossa Fullerton with Wasacz Hilley & FullertonLLP

H. Lee Gerstel with Raff Law, APC

Melissa Gonzalez, Student

Brian Lance with Cartwright Law Firm

Rachael Mache with Beck Law P.C.

Kathryn Narcum, Legal Support

Gary Nelson with O'Brien, Watters & Davis, LLP

Sara Parker with Selvin Wraith Halman LLP

Elizabeth Nicole Price with Nicole Price, MFT

Homa Rassouli with Retirement Funding Solutions

Lucinda Richardson, Esq.

Stella Rijeka with Stellar Fiduciary

David Suddendorf with Law Offices of David L.Suddendorf

Eloy Trujillo with Eloy I. Trujillo, PC

Sarah Jane Truong with Law Offices of Sarah JaneTruong

Daniel Turner, Student

Chelsea Whelan with Buffett-Kennedy & Smith LLP

Sonoma County Bar Association Welcomes Our New Fall 2018 Members!

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34 THE BAR JOURNAL

Did you go to the sixteenthannual Summer Soirée?Almost 200 guests gatheredon that beautiful June day.

The greeters poised and primed to welcome the legal community, Eager to postpone our daily tasksand Motions in Limine.

The festive breeze touched all, the wine and food a delight.Was that Judge Chouteau attiredin sharp Great-Gatsby-White?

Traditions of the golden past, intentionally absent this year.No cook-offs or live music. Lively conversations filled the air.

A time to chat. To reminisce. To connect and be aware. Discover Pete DeGolia’s newestHiking Adventure—only if you dare.

The camaraderie impressive, genuine and true.May I introduce you to our newest Judicial Officer, Barbara Phelan?—nice to meet you.

And let’s not forget the martini-style-mashed-yukon-potato-bar,Adorned with rich toppings, Temptation, even from afar.

Pulling off such a magnificent feat,takes planning and patience galore.A tip of the hat to our Sponsors, who always step-up and give more.

Worry not if you missed The 2018 Summer Soirée, For there is always next summer, Come join the frolic and play!

An Ode to the 16th Annual Summer Soirée

Court Executive Officer Arlene D. Junior &Hon.Dana Simmonds partake of the infamous

Martini Potato Bar.

Photography courtesy of Owen Scott Shirwo

Above, Back Row L-R: Hon. Jennifer V. Dollard; Hon. Anthony Wheeldin; Hon. BarbaraPhelan; Hon. René Auguste Chouteau; Hon. Elliot Daum; Hon. Christopher M.Honigsberg; Hon. Mark A. Urioste; Hon. Robert S. Boyd; Hon. James G. Bertoli;

Front Row L-R: Hon. Virginia G. Marcoida; Hon. Jamie E. Thistlewaite; Hon. Patrick M. Broderick; Hon. Gary Nadler; Hon. Shelly Averill; Hon. Dana Simonds;

Hon. Kenneth J. Gnoss; Court Executive Officer Arlene D. Junior

By Debra A. NewbyDebra A. Newby maintains her own solo prac-tice with an emphasis on personal injury law.She is a former Board Member of the SCBA.

Special thanks to Debra Newby for her uniqueand creative take on the event this year! Ed.

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352018 SPECIAL COD/FALL BAR JOURNAL ISSUE

Another Big Thanks to Our 2018 Summer Soirée Sponsors!

At Right: Summer Soirée

Sponsors & SCBABoard Members

Emily DeMeo andJenna Coffey

At Right: Hon. Jim Bertoli,Summer Soirée

Sponsor &SCBA Board

Member CarmenSinigiani & Hon.

Ken Gnoss

Photography courtesy of Owen Scott Shirwo

At Left: Hon. Robert S.Boyd and Bill & DebraKuziara relax with abeverage on the patio

At Right: SCBA BoardMember & Summer Soirée

Sponsor David Berry,Hon. Dana Simonds, and

SCBA President &Summer Soirée Sponsor

Mitch Greenberg

Supreme Sponsors—$1,100: Abbey, Weitzenberg, Warren & Emery, P.C.Geary, Shea, O’Donnell, Grattan & Mitchell, P.C.Hansen & Miller Law FirmO'Brien & AssociatesSCBA Family Law SectionSpaulding McCullough & Tansil LLP

Appellate Sponsors—$850: Beyers Costin SimonCarle, Mackie, Power & RossClement, Fitzpatrick & KenworthySCBA Alternative Dispute Resolution SectionSCBA Civil Bench Bar Section

Superior Sponsors—$600: Anderson Zeigler, A Professional CorporationArbitration and Mediation CenterCarleton L. Briggs Esq. & Robert A. Nellessen Esq.Dunst Law OfficesHomeboundJAMSKornblum, Cochran, Erickson & Harbison, LLPLaw Offices of Freeman & FreemanMitchell & Mitchell Insurance Agency, Inc.SCBA Bankruptcy SectionSCBA Labor & Employment SectionSCBA Real Property SectionTavis & BunyardTerre Family Law

Advocate Sponsors—$300:Bluestone Zunino & Hamilton, LLPFrank S. Briceno, AtorneyConner, Lawrence & Rodney, Olhiser & Barrett, LLPEmerick Law OfficesExchange BankFerchland Law OfficeFriedemann Goldberg LLPLaw Office of Gina R. KlumpLaw Office of James F. DeMartiniLaw Office of Walter RubensteinLaw Offices of Ann L. LarsonLaw Offices of Evan E. ZeligJohnston | ThomasMike Tunick Legal VideographyRobert A. MontgomeryO’Brien Watters & Davis, LLPPerry, Johnson, Anderson, Miller & MoskowitzPhoenix Legal ServiceProfessional Fiduciary Association of California, SonomaCounty ChapterRedwood Empire Association of Paralegals (REAP)Redwood Litigation ServicesSCBA Barristers ClubSCBA Trusts & Estates SectionShapiro, Galvin, Shapiro & MoranVintage Reporting

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36 THE BAR JOURNAL

2018 Court Staff Appreciation Breakfast

Ap·pre·ci·a·tion: Noun. 1. The recognition and enjoy-ment of the good qualities of someone or something. 2. A feeling or expression of admiration, approval, orgratitude.

Appreciation is something we all strive for in allaspect of our day-to-day lives. Receiving appre-

ciation provides encouragement and acknowledgmentthat we are successful in our endeavors. For the pastseveral years, local Sonoma County legal organizationshave provided a breakfast to the Sonoma CountyCourt employees in recognition of their hard work anddedication in serving the public and legal community.With the many changes in the court system this year,they have not only met, but exceeded expectations inproviding excellent service under difficult times.

On July 17, volunteers from Sonoma County Womenin Law, Sonoma County Bar Association, RedwoodEmpire Association of Paralegals, and Sonoma CountyLegal Secretaries Association, greeted the courtemployees with smiles, “thank yous,” and an array ofpastries, bagels, fruits, muffins, juices, and coffee to starttheir day. It is always heartwarming to observe therelaxed interactions and jovial conversations of thestaff, judicial officers, and volunteers, before they headoff to start another workday.

Debbie Winters, REAP Board member, described herown appreciation of the event. “The Redwood EmpireAssociation of Paralegals is always honored to be a co-host of the Court Staff Appreciation Breakfast. Paralegalsoften rely on court staff for information and guidance—the court employees are always courteous and profes-

sional. We appreciate the time they take to answer ourquestions. As a ‘greeter’ at the breakfast, I had the oppor-tunity to meet a number of the court staff. They werefriendly and thanked the volunteers for honoring theemployees. I had the opportunity to speak with theCourt Administrative Officer and she told me she hadtold employees that they were free to take some timefrom their morning work tasks and enjoy their breakfastat the tables provided. She then commented that theywere a very dedicated staff and would take their break-fast back to their work stations—despite her encourage-ment to stay a bit and mingle with their colleagues.REAP truly looks forward to the event every year.”

The following observation was offered by Felecia Ford,Executive Assistant to Arlene Junior, Sonoma CountySuperior Court CEO: “Many staff members describedthe event with one word, Wow! People truly felt appre-ciated. There were genuine feelings of joyfulness—notbecause of the free food; but rather, because staff felt theycould greet and engage with one another. This gesture onbehalf of the legal organizations didn’t feel contrived andexecuted just so the record could reflect that anotherbreakfast had been hosted, which is why so many peoplewere touched and glad to be part of this gathering.”

It has truly been a pleasure to organize and participate inthis event each year and I believe I can speak for us allwhen I say that I look forward to next year’s event.

Photography at HOJ courtesy of Susan Sabia; at JJC courtesy of Natalie Rosenthal

L to R at HOJ: SCBAstaff Joan Guillaumin &

Amy Jarvis

L to R at JJC: Hon. Kenneth Gnoss,Sydney Astabie, Joseph Pachorek, Monica

Padilla & Lana Crow-LillilandYummy spread for the staff

at HOJ

By Toni M. LabraToni Labra is a Sonoma County Women in LawBoard Member, and assistant at Perry, Johnson,Anderson, Miller & Moskowitz, LLP.

L to R: Felecia Ford &Deborah Cain at HOJ

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372018 SPECIAL COD/FALL BAR JOURNAL ISSUE

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38 THE BAR JOURNAL

The annual event we have all come to know as “A Dayat the Races” transformed into “A Day at the Fair”

in 2018. While there was no “named race” this year, SCBAoffered attendees free grandstand seating to enjoy an after-noon of racing if they wished, while others chose toexplore the various fun activities the fair has to offer.

On Friday, August 3rd, 69 SCBA members and friendsgathered to socialize, enjoy lunch and partake of a liveauction raising funds for the SCBA Archive Committee.Guests enjoyed a free bar of wine, beer and soft drinks—with the DeMeo and Taft Street wines again generouslydonated by Judy DeMeo—as well as a catered buffetlunch hosted by the fair in the VIP tent next to the racinggrandstand.

Rose Zoia, chair of the Archive Committee, first intro-duced Judy DeMeo, who said a few words about her hus-band Jack’s passion for racing which spearheaded thisannual event. She thanked everyone for their continuingsupport of this August activity, held in memory of Jack.

Michael Patricks again provided a couple of racing “tips”for the day, before everyone chowed down on the excep-tion BBQ spread (three kinds of meat!) and caught upwith old friends and colleagues over lunch.

Tad Shapiro did the honors as Emcee for the auction thisyear, assisted by runner Rose Zoia. He jokingly began theauction by saying, “Jack was the most generous man I evermet...and we want to emulate Jack!” And emulate him theguests did—easily outraising last year’s auction proceedswith a $4,400 haul.

This year’s donated items included: 6 Box Seats to the

Races donated by Judy DeMeo (won by Jeanne Miskellfor $450); 2 Box Seats to the Races donated by Les Perry(won by Jim DeMartini for $175); a case of Taft StreetSauvignon Blanc donated by Tad Shapiro (won by MargieEngland for $300); 2 bottles of Silent Hills VineyardsCabernet Sauvignon donated by Joan Guillaumin (wonby Greg Spaulding for $200); a $250 Gift Certificate toCattlemans Steakhouse donated by John Geary (won byJeanne Miskell for $450); 2 Club seat tickets to a Giant’sgame donated by Les Perry (won by Judy DeMeo for$300); a Lagunitas Sip & Spill Package donated byLagunitas Brewing Company (won by Karen Cline for$275); the last available case of DeMeo Pinot Noir donat-ed by Judy DeMeo (won by Bart Weitzenberg for $750);the twin to last year’s Lady Justice Statue donated by JoanGuillaumin and John Schubert (won by Bailey Penzottifor $750); and the high bid went for a round of golf atSonoma Golf Club donated by Tad Shapiro (and won byLindsay Torgerson for $850).

The festivities closed with a last-minute appearance byPete Estabrook, who provided his annual bugler demon-stration. Pete has been a “First Call” Bugler for 32 years,and does most of the First Calls at tracks all over thenorthern part of the state.

Many thanks to the Archive Committee, volunteers RuthAnn Williams and Debbie Winters, and the SCBA staff fortheir hard work in organizing and running this alwaysenjoyable event.

“A Day at the Races” Becomes “A Day at the Fair” in 2018

Rose Zoia showing off the “Lady Justice” statue during the auctionTad Shapiro engaging the crowd as emcee of the auction this year

By Caren ParnesCaren Parnes, owner of Enterprising Graphics, works withSCBA to produce the Bar Journal and Annual Directory.

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392018 SPECIAL COD/FALL BAR JOURNAL ISSUE

Volunteers Ruth Ann Williams (left) and Deb Winters(right) with SCBA staff member Emily Rippen

Past COD Honoree Bart Weitzenberg, wifeLynn & SCBA Executive Director Peter Steiner

Albert Handelman & Past SCBAPresident Greg Spaulding

At Right: PeteEsterbrook

demonstrates his“bugling” craft

At Left: JudyDeMeo openedthe afternoonwith a fewremarks aboutJack DeMeo

2018 “Day at the Fair” auction itemsincluded another “Lady Justice” statue

At Left: Judy DeMeo & PastSCBA President Jim DeMartiniin front of Jack DeMeo’s banner

At Left: ArchiveCommittee ChairRose Zoia introducesMichael Patricks fora few pre-race tips

Photography courtesy of Caren Parnes

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40 THE BAR JOURNAL

Barbara Phelan, of Glen Ellen, is the newestjudge on the Sonoma County Superior Court, fill-

ing the seat vacated by the retirement of Judge Raima H.Ballinger. She was among ten Superior Court judgesappointed by Governor Jerry Brown on June 27. Shetook her oath of office in August.

“I have always believed the judiciary isvery important in peoples’ lives and canimpact people directly, sometimes gravely.I always wanted to be a part of the processto bring greater justice into the world,”Ms. Phelan told the Bay Area Reporter in arecent interview.

Born and raised in Philadelphia, Phelanmoved to California as a teenager. Sheearned a Juris Doctor degree from theUniversity of California, Hastings College

of the Law and a Bachelor of Arts degree from theUniversity of California, Los Angeles. She went to workfor the law firm Pillsbury, Winthrop, Shaw, Pittman LLPas an associate from 1987 to 1991. She then worked forFirst District Court of Appeal as a judicial staff attorneyfrom 1991 to 2001, when she was hired as an associate

at Lanahan and Reilley. She returnedto work for the state appellate courtwhere she has worked since 2003.

She has lived in Sonoma County for 17 years. She is a registeredDemocrat.

Gov. Jerry Brown Appoints Barbara Phelan the NewestSonoma County Superior Court Judge

SCBA “Movers & Shakers”

If you have new information about yourself or any otherSCBA member, please send to SCBA “Movers &Shakers” at [email protected]. Include posi-tion changes, awards, recognitions, promotions, appoint-

ments, office moves, or anything else newsworthy. If yourfirm sends out notices to the media, please [email protected] to the distribution list.

It is with deep regret and sadness that we announce thatRon Merenbach, the Sonoma County Superior CourtProbate Examiner for many years, passed away recently. . . Attorney Natalie Norman is the Executive Directorof RECOURSE Mediation Services. . . Marci A.Reichbach is now with Legal Aid of Sonoma County. . . Scott Buell has moved his office to 711 Grand Ave.,Ste. 150 in San Rafael . . . Hon. Barbara Phelan hasbeen appointed Judge to the Superior Court in SonomaCounty . . . J. Michael Mullins is retiring his position asDean at Empire College School of Law and heading backto Legal Aid part time . . . Brian Purtill has accepted theposition as Dean at Empire College School of Law . . .Tina Wallis has moved her office to 100 E Street, St. 209

in Santa Rosa . . . Dona Cohn-Payne’s office is nowlocated at 1055 Broadway, Suite E-3 in Sonoma . . .Deirdre Kingsbury of O’Brien Watters & Davis, LLPhas achieved a Martindale-Hubbell AV Preeminent PeerRating for the highest level of professional excellence. . . Lisa Ann Hilario has joined the board of directorsfor the Luther Burbank Memorial Foundation . . .Victoria Maxwell has moved her office to 4727-BHoen Avenue in Santa Rosa . . . Rose Zoia is now OfCounsel with Friedemann Goldberg LLP in Santa Rosa. . . Sonoma County Legal Services Foundationhas just moved to 4525 Montgomery Drive, Suite 10 inSanta Rosa . . . Julian Peterson is now CorporateCounsel for Traditional Medicinals.

By Caren ParnesCaren Parnes, owner of EnterprisingGraphics, works with SCBA to producethe Bar Journal and Annual Directory.

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412018 SPECIAL COD/FALL BAR JOURNAL ISSUE

Empire College School of Law has appointed BrianPurtill as its new Dean, succeeding J. Michael

Mullins, who had served in the post since 2015.

Empire College President Roy Hurd made theannouncement in the following statement: “With hiscore values, experience, knowledge of,and relationships with, the SonomaCounty legal and business communities,I believe that Mr. Purtill’s vision for theLaw School will continue its level ofprofessionalism and recognition.”

Brian Purtill is a graduate of theUniversity of San Francisco LawSchool, and started his legal career in1984 as a civil litigator at O’BrienWatters & Davis. He then worked foryears serving as counsel at Spaulding

McCullough & Tansil, which he left in 2014, opening asolo practice in Santa Rosa, the Law & MediationOffices of Brian J. Purtill.

Mr. Purtill is a panelist with The Arbitration andMediation Center. He spent six years on the board of

directors of the Santa Rosa nonprofitSocial Advocates for Youth, the lasttwo as its president, and is currentlyon the Rebuild Steering Committeefor Santa Rosa’s Habitat forHumanity, helping efforts to addressthe housing shortage exacerbated bythe October 2017 wildfires.

Brian Purtill Succeeds J. Michael Mullins as Deanof Empire College School of Law

By Caren ParnesCaren Parnes, owner of EnterprisingGraphics, works with SCBA to producethe Bar Journal and Annual Directory.

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42 THE BAR JOURNAL

2018 Upcoming Schedule of Seminars & EventsDATE PROGRAM & PRESENTER(S) WHERE

10/19/18 Careers of Distinction Awards Dinner Hyatt Regency

10/23/18 Post Judgment Spousal Support & Issues that Arise SCBA OfficeWhen Parties Reach Retirement AgeHon. James Bertoli; Roger Lewis

10/30/18 Prudent Investor Rule and Investing for Continuing Trusts SCBA OfficeJohn Mackey, Carment Sinigiani

11/01/18 Pro Bono Awards Ceremony & SCBA Annual Meeting Hyatt Regency

11/05/18 Serving on Nonprofit Boards: Good Governance & Guidelines for Attorneys SCBA OfficeJeremy Little, Joy Durand

11/06/18 1368/1370 Issues SCBA OfficeLynne Stark-Slater, Anne Masterson, Alexa Stone, Emily Mann

11/16/18 Fiduciary Income Tax Returns 101 SCBA OfficeJoni Fritsche

11/29/18 Intro to Easement Law (Focus: Avoiding Tort Liability) SCBA OfficeDavid Berry, Daniela Pavone, Jeremy Olsan

12/03/18 2018 Legislative Updates in L&E SCBA OfficeValorie Bader

12/05/18 Real Property/T&E Crossover Issues SCBA OfficeNaomi Metz, Ken Cyphers

12/11/18 Winter CEQA Update SCBA OfficeTina Wallis, Rose Zoia, Les Perry

12/12/18 Cannabis Licensing and Regulatory Compliance SCBA OfficeLauren Mendelsohn, Joe Rogoway

12/13/18 Holiday Mixer SCBA Office

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432018 SPECIAL COD/FALL BAR JOURNAL ISSUE

The Bar Journal is published quarterly by the Sonoma County Bar Association. Editors: Malcolm Manwell, John Borba;

Project Management, Advertising Sales, Graphic Design & Printing: Caren Parnes;Editing: Joni Boucher; Copyediting/Proofreading: Susan Demers, Peter Steiner;

Photography: Owen Scott Shirwo; Content Development: Malcolm Manwell, John Borba, Mitchell Greenberg,

Joni Boucher, Peter Steiner, Susan DemersCover Image, Fall 2018 Issue: Public Domain Image

SCBA BAR JOURNAL

The editors and the Sonoma County Bar Association (“SCBA”) reserve the right todetermine in their sole discretion whether material submitted for publication shall beprinted, and reserve the right to edit all submissions as needed in any respect, includ-ing but not limited to editing for length, clarity, spelling, grammar, compliance withall laws and regulations (including not limited to libel), and further at the sole discre-tion of the editors and SCBA. The statements and opinions in this publication arethose of the editors and the contributors, as applicable, and not necessarily those ofSCBA. This publication is made available with the understanding that the editors andSCBA are not engaged in rendering legal or other professional advice. If legal adviceis required, the services of a competent professional should be sought.

Submissions for the Bar JournalThe Bar Journal editorial staff welcomes articles submitted by its members. All sub-mitted articles should be educational in nature, and can be tailored for the new prac-titioner or experienced lawyers. Feature articles should be between 750 to 1,000words in length. Citations should be within the article’s text (no footnotes). A bylinemust be included and articles must be submitted electronically. The editorial staffreserves the right to edit material submitted. For further information contactMalcolm Manwell at 707-525-8800 or Peter Steiner at 707-542-1190 x22. Submitall editorial materials by email to: [email protected]. To place an ad con-tact Caren Parnes at 707-758-5090 or [email protected]. All advertise-ments are included as a service to members of the Sonoma County Bar Association.The advertisements have not been endorsed or verified by the SCBA.

111 Santa Rosa Avenue, Suite 222, Santa Rosa, CA 95404-4945(707) 542-1190 x18 • Fax (707) 542-1195

www.sonomacountybar.org • [email protected]

2018 EXECUTIVE COMMITTEE & BOARD OF DIRECTORS

Executive Committee

Section RepresentativesADR Section: Elisabeth Leonard

Bankruptcy Law Section: Brian BarbozaBarristers Club: Emily DeMeo

Business & Intellectual Property Law Section: Trevor CodingtonCivil Bench Bar Section: Matthew LilligrenCriminal Law Section: Walter Rubenstein

Family Law Section: Jenna CoffeyLabor & Employment Law Section: Valorie Bader

LGBTQI Law Section: Kinna CrockerPublic Law Section: Joshua Myers

Real Property Law Section: David BerryTrusts and Estates Section: Carmen Sinigiani

Affiliated Organization Representatives (Non-Voting)

Collaborative Council of the Redwood Empire (CCRE)Susan Barrett

Redwood Empire Association of Paralegals (REAP)Debra Winters

Sonoma County Women in Law (SCWiL)Alexis Kent

SONOMA COUNTY BAR ASSOCIATION STAFFPeter J. Steiner, Executive Director

Winifred L. Rogers, Legal Programs ManagerAmy Jarvis, Seminar & Events Manager

Susan Demers, Membership & Communications CoordinatorEmily Rippen, Bookkeeper and Office Coordinator

Joan Guillaumin, Receptionist

Laura DunstRaymond FullertonJane GaskellBruce Goldstein

Carla HernandezCastilloMarla Keenan-RiveroDeirdre KingsburyJeffrey Lyons

Roy MillerJoshua MyersKathleen PozziJill RavitchCarmen Sinigiani

Mitchell Greenberg, President Suzanne Babb, Vice-PresidentMichelle Zyromski, TreasurerStephanie Barber Hess, SecretaryGregory Spaulding, Immediate Past President

Ex Officio

Brian Purtill, Dean, Empire College School of Law

Directors at Large

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