VOIR DIRE 2015 TABLE OF CONTENTS IN MEMORIUM OF VICTOR A. BERTOLANI DEAN EMERITUS JUNE 18, APRIL 5, 2015

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2 TABLE OF CONTENTS 1 A Message from the Dean 2 Letter from the Editors 3 Lincoln Law School Alumni Association 4 Lincoln Students Negotiate the Competition 5 ABOTA Awards Outstanding Student Trial Advocate to Mitchell Miller 6 Moot Court Competition ASYLUM 7 The Students are on Fire on the Court and in the Community 8 LLSA Presents Honorable David De Alba 9 Professor of the Year Award 10 Shepardizing Cases + Secondary Sources = Second Years (Lost and Confused) 12 Outstanding Service Award to Professor Frank Meyer 13 Professor Wright Alumnus of the Year 14 Lincoln s New Community Property Professor - Honorable Michael Bowman 15 Meet the Woman Behind the Motto No High Highs and no Low Lows - Honorable Bunmi Awoniyi 16 Due Process and Social Media You ve Been Served 17 How Public Service Can Make a Difference: an Interview with Anne Marie Schubert 18 Women s Month A Celebration of Women in the Law 20 Reforming and Preventing the Misapplication of The Ada: Enabling Businesses and People with Disabilities to Find Common Ground 22 The Hobby Lobby Ruling: a Legal Pandora s Box 24 Graduation Commencement Speaker: Senator Darrell Steinberg 25 Valedictorian s Message 26 Salutatorian Message 27 Lincoln Law School Graduates 2015 VOIR DIRE 2015 IN MEMORIUM OF VICTOR A. BERTOLANI DEAN EMERITUS JUNE 18, APRIL 5, 2015 By William Wright The Sacramento legal community lost one of its leaders on April 5, Victor A. Bertolani passed away suddenly at the age of 80, after a long and successful career as an attorney and educator. In the 1960 s, Victor A. Bertolani and Andrew Smolich were law partners and prominent personal injury attorneys. Victor was also teaching torts at McGeorge School of Law, which was then a night school, much like Lincoln is today. McGeorge decided to seek ABA status and told the professors that they had to become full time professors. Victor still wanted to practice law, so he and Andy Smolich decided to start their own law school. They contacted Lincoln Law School of San Francisco and convinced the school to open a branch in Sacramento. With few dollars, but lots of ambition, Victor and Andy started the first class in Victor served as the Dean, and he and Andy recruited an excellent faculty of judges and skilled attorneys. They grew the school and bought out Lincoln Law School of San Francisco s interest. Under their direction, the school became the valued asset to the Sacramento Legal community it is today. Victor retired as Dean in 1986, to return to full time practice, which he did for another 20 years. Victor should be remembered for his love for Lincoln Law School, its graduates, and for his devotion to the school and to legal education

3 A MESSAGE FROM DEAN SCHIAVENZA Dear Class of 2015: On behalf of the Board of Trustees, Board of Directors, faculty and administration of Lincoln Law School of Sacramento, I congratulate the Class of You have worked hard, accomplished much, and enriched your lives by exploring the opportunities provided by our school. Graduation is an opportunity for you to pause for a moment in your journey to the California Bar Examination and the practice of law and to take stock in what you have accomplished. Each of you shares the same qualities of those graduates from the forty-two previous graduating classes: dedication, determination and desire to succeed while balancing school with your family life and daytime employment. Deciding to attend law school is a difficult decision requiring you to place other aspects of your lives on hold in order to accomplish your dream of attending and graduating from law school. On May 9, 2015 that day will come. For most of you the key to your success has been the support you received from those closest to you. Spouses, children, parents, siblings and friends have patiently stood by your sides providing love and encouragement. Lincoln Law School thanks and congratulates those who lived the law school life remotely and for the assistance and sacrifices they too have made for our graduates. Lawyers impact lives and you will be the problem solvers and professional advisors. More than 100 years ago Oliver Wendell Holmes expressed his belief that no other profession is as rewarding as the law. He asked, in what other profession does one plunge so deeply in the stream of life, to share in its passions, its battles, its despair, its triumph. As attorneys you will provide strong shoulders to lean on and hands to hold when your clients face serious legal issues. Each of you will represent a solution rather than a problem. The future years will be a voyage in self-discovery during which you will be faced with many professional challenges. You must remember that an ethical lapse is the biggest error you can make. You can always get another job or another client but you can never get another reputation. Abraham Lincoln, the namesake of our school, spoke on the issue of honesty and reputation. Lincoln said, No client ever had money enough to bribe my conscience or to stop its utterance against wrong and oppression. My conscience is my own, my creator s not man s. I shall never sink the rights of mankind to the malice, wrong, or avarice of another s wishes, though wishes come to me in the relation of client and attorney. Adhere to Lincoln s words. Practice ethically and with civility and hold on to your reputation as the valuable commodity that it is and do not trade it for anything. Upon graduation you and your classmates will no longer be together as a group. You were strangers when you met and you have become friends and future colleagues. You withstood the rigors of law school together as a group and going forward you should do your best to maintain close ties with one another. Your classmates are among the most precious gifts you will take with you from your time at Lincoln Law School and you should do your best to cherish them. Again, congratulations to the Class of We confidently anticipate your success on the upcoming bar examination and with your careers. Sincerely, James M. Schiavenza, Dean 1

4 LETTER FROM THE EDITORS By Fatima Baig and Lusine Sarkisyan Class of 2016 We would like to begin by thanking Dean Schiavenza, Professor Gold, Linda Smolich, and the Student Bar association for working tirelessly to make this edition of the Voir Dire possible. We truly feel honored to serve as editors on this year s Voir Dire. To the graduating Class of 2015, you have completed not just another year, but your final year of law school here at Lincoln. You are now one step closer to making your dreams of becoming attorneys possible. You have accomplished a great feat and now may embark on the next chapter of your lives. We wish you all the best. Four years of dedication, sacrifices and continued commitment have led you to this moment. It is important to take a minute to recognize how far you have come before you are consumed with the preparations for the bar examination. As daunting as the bar exam may be, keep in mind that if you can survive four years of law school, you can survive two months of bar prep. Our heartfelt congratulations to all and we hope you conquer the bar and any obstacles that you may undertake. With the year coming to an end, we would like to take this opportunity to acknowledge the growth Lincoln Law School has experienced throughout this year. We now have six student organizations on campus: Asian Pacific American Law Student Association, Black Law Student Association, Delta Theta Phi, Latino/a Law Student Association, Student Bar Association, and Women s Justice Society. These organizations have broadened the law school experience for many students by offering educational, social, and professional events such as review sessions for midterms and finals, a legal research workshop, a job fair, a professional-attire fashion show, a panel discussion, and guest speakers comprised of community leaders. These organizations have also given back to the Sacramento community by organizing the Annual Canned Food, Toy and Paper and Plastic drives, feeding the homeless, sponsoring and running in the Run to Feed the Hungry Race, and volunteering and participating during the Let s ROC 5K Ovarian Run. Lincoln Law School is transforming and it has been a joy to unveil this transition to our readers through the many contributions. Furthermore, we would like to thank the professors of Lincoln Law School. Without such a distinguished group of scholars and practitioners, our school would not be what it is today. You have all gone above and beyond to create a comfortable learning environment where students are not only engaged in the material, but have the forum to participate in the lively discussions of legal matters. We are truly thankful for your constant support and encouragement throughout our legal education. Last but not least, we would like to thank our writers. This edition would not have been possible without your contributions. We truly appreciate it! We hope you enjoy this edition of the Voir Dire and as always, thank you for reading this year s Graduation Edition. Sincerely, Fatima Baig and Lusine Sarkisyan, Class of

5 LINCOLN LAW SCHOOL ALUMNI ASSOCIATION By Chris Wood Lincoln Law produces passionate graduates who are leaders in law, government and local communities throughout California. Over the past 46 years, 1,566 students have successfully earned their Juris Doctorate degrees from Lincoln. Jan Scully (Class of 1978) recently retired from her position as the District Attorney of Sacramento. She not only served our community as our District Attorney, but she also went on to play a significant role in creating the Sacramento Regional Family Justice Center (FJC) which will continue to protect victims of crime in our community well into the future. Our current Sacramento County Sheriff, Scott Jones, (Class of 1998) proudly serves the people of Sacramento County as our leader in law enforcement. We have 11 alumni who are currently on the bench from as far east as South Lake Tahoe where Judge Steven Bailey (Class of 1987) sits as a trial judge and as far south as Tulare County where Judge Kathryn Montejano (Class of 1992) is an active trial judge. It is an honor to be a fellow alumnus with proven leaders who are so well respected. Graduates of Lincoln Law School are a special breed hungry to succeed and have a blue collar work ethic second to none. That work ethic does not end with graduation but continues on to their practices where they excel and set positive examples. As the number of graduates increases so does the impact of Lincoln Law School. Congratulations to the Class of 2015 for their tremendous accomplishment and in joining the ranks of the graduates before them who have set the bar high with respect to professionalism and contribution to the community. The hard work and dedication pays off and there is nothing more satisfying than making a difference for your clients. As graduates, you now have a special opportunity and journey ahead of you. The Alumni Association is an important part of Lincoln Law School and the success of its students and alumni. Our Board meets monthly and is working to integrate students with alumni for mentoring, work experience and career placement. Our goal is to provide direction and experience to students so that by graduation, they have a plan for their future and they too can make an impact in their respective communities. We are looking for volunteers to join the Board and also to mentor students. It is an exciting time for the Alumni Association and we intend on making it a fun and educational experience by tapping into the amazing resource that our alumni can provide. Upcoming events include an alumni mixer in June which you will not want to miss. Our Board is contacting alumni in order to obtain updated contact information so that everyone will receive our newsletters as well as our invitations for the June event. Please go to the Lincoln Law School website at lincolnlaw.edu and click onto the alumni section and make sure your contact information is up to date. We do not want anyone to miss out on what is sure to be a wonderful time. If you have any questions, please us at alumni@lincolnlaw.edu. Left to Right: Adrian Hoppes: Vice President, Terri Easlon: Board Member, Joe Caffrey: Vice President, Chris Wood: President, Roopen Parekh: Treasurer, Robert Nelsen: Membership Chair, Ursula Stuter: Communication Chair, Pamela Myers: Board Member. Not Photographed: Clifton Roberts, Lauren Jones, Lisa Sotelo, Rebecca Deane-Alviso, Rob Ward, Samantha Cypret 3

6 LINCOLN STUDENTS NEGOTIATE THE COMPETITION By Sarah Bains Class of 2016 This year, the State Bar of California sponsored its 16th Annual Environmental Law Student Negotiations Competition. Each California law school was permitted to enter one team, consisting of two students. Participating teams required the approval of their respective law school s dean. It was also recommended that each team have a faculty advisor to assist the team in its planning and preparation for the competition. This year 24 teams representing 15 California law schools competed. Prior to the competition, teams were provided a Statement of Facts (a common set of facts known by all participants) and Confidential Negotiating Instructions (confidential information known only to the participants representing a particular party). All teams were responsible for researching the appropriate law and applying it to the prescribed set of facts to frame appropriate legal arguments and develop negotiating strategies. Judging criteria was based upon preparation law, facts, and options available; negotiation strategy and tactics; execution of strategy; adaptability, flexibility, and creativity; outcome of the negotiation; oral presentation; teamwork; and ethics. The competition consisted of two preliminary and one final rounds. Preliminary rounds lasted 100 minutes. During a 60-minute negotiation period, two teams negotiated directly with each other. Following a 10-minute period to analyze their performance in private was a 30-minute period of self-analysis and feedback from the judges (15 minutes per team). The two-hour final round consisted of a 75-minute negotiation session with the same 10-minute period for the teams to analyze their performance in private and 30-minute period for self-analysis and feedback from the judges. This year was Lincoln Law School s second time participating in the competition. Sarah Bain and Elizabeth Fortune Handy, both third year law students, represented Lincoln. Professor Heather Kenny, who includes negotiation activities as part of her real property law curriculum, served as faculty advisor to the team. Our team put in many hours of preparation for this competition, including several practice negotiation sessions. These practice negotiations allowed our team to apply different strategies and adjust each approach to improve its execution at the competition. At these practice negotiations, our team negotiated against their advisor and a volunteer. The volunteers responsible for our team s honing of skills included Lincoln students Joanne Larsen-Linarez and Mitchell Miller, Lincoln s Dean James Schiavenza, and Senior Public Policy Advisor Ryan Kenny. The feedback from the judges acknowledged that our team was very prepared and did a really great job for the two preliminary rounds. Lincoln s dynamic duo placed 8th overall in the competition, beating every other Northern California law school that participated including, UC Berkeley, UC Davis, UC Hastings, and Santa Clara University. Our team was proud to represent Lincoln Law School against other California law schools and to further promote the reputation of Lincoln Law School with the State Bar while gaining valuable legal experience. 4

7 ABOTA AWARDS OUTSTANDING STUDENT TRIAL ADVOCATE TO MITCHELL MILLER By Nichole Dickinson Class of 2016 On January 31, 2015, Mitchell Miller was recognized by the Sacramento Valley Chapter of the American Board of Trial Advocates as Lincoln Law School s Outstanding Student Trial Advocate. Miller is the first student from Lincoln Law School in over a decade to join the list of honorees. Prior Lincoln recipients of this award include many who are now notable attorneys, current professors and sitting judges. Miller s accolade was earned for his performance in his Trial Advocacy course. Professors Frank Meyer and Harry Colombo nominated Miller for this award based upon his level of preparation for each class wherein his work consistently ranked amongst the best. Further, Miller so fully embraced Trial Advocacy that he participated in two mock trials. When a classmate required a medical leave of absence, Miller volunteered to step in and partner with the individual who lost their co-counsel. By doing so, he accepted twice the workload typically required for the class. When asked why he pursued the additional work, he informed his professors that his goal was to be a trial attorney and the only way to prepare was by taking advantage of every opportunity for skill development. Miller s personal motto for school, work and life is simple, but effective Never stop seeking opportunities to learn. Miller s first true taste for the adversarial system began at the Sacramento County District Attorney s Office where he began interning prior to starting law school and has continued to intern at the District Attorney s Office throughout his time at Lincoln. His work at the District Attorney s Office has included preliminary hearings, violation of probation hearings and other evidentiary hearings. He recently conducted his first bench trial as a Certified Legal Intern with successful results. Following the Bar Exam, he will return to the District Attorney s Office as a Legal Research Assistant with the desire to become a Deputy District Attorney. The American Board of Trial Advocates is a national organization premised on preserving Seventh Amendment rights and elevating integrity, honor, and courtesy in the legal profession. One of ABOTA s primary purposes is to provide mentorship and guidance to new practitioners by encouraging advocates to strive for the highest level of professionalism and ethics in the legal industry. To be recognized by this prestigious organization is an honor to both Miller and Lincoln Law School. Congratulations! 5

8 MOOT COURT COMPETITION ASYLUM By Assad Hafeez Class of 2015 Lincoln Law School participated in the Eighth Annual UC Davis Asylum & Refugee Law National Moot Court competition on March 14, This was our school s third experience competing against primarily ABA schools throughout the country. Our school charted new ground by enlisting two teams. Asylum is a specialized area of immigration law. There are five protected grounds that are offered protection in the Immigration and Nationality Act (INA), which are for persecution on account of one s race, national origin, religion, political beliefs or membership in a particular social group ( PSG ). PSG is the most contentious ground that also appears to be the primary focus of UC Davis competition. This area also involves federal administrative law, which pertains to the level of deference courts must give agency interpretations of federal statutes. At the trial level, applicant s cases are decided by administrative law judges known as immigration judges or IJS. The competition simulates a fictitious argument before the Supreme Court, and is argued at UC Davis King Hall law school. Students present oral argument before several judges and write a brief either as Respondent or Petitioner based on a fictional appellate record. I. Asylum, PSG, defined Generally, the Board of Immigration Appeals (BIA), which is a body of the attorney General, recognizes groups can be a PSG when persecuted in their country. A group can be defined by a shared past experience, Federal circuits are divided on whether this group includes former gang members. Students this year dealt with a former member of PR25, which is a transnational criminal organization similar to the MS-13 of Central America. PR25 plagues the nation of Honduras and is known for aggressively punishing those that try to leave their gang. One side recognized that this amounts to a persecution as a result of a shared past experience on being a former gang member. The other side contended a strong policy exists against recognizing groups that pose criminal threats to our country A separate debate concerned the reasonableness and consistency of enforcing additional requirements that proposed groups be both sufficiently particular: and socially distinct or perceived as actual groups in their society. The last issue concerned whether or not the applicant committed a serious nonpolitical crime by throwing rocks at officers and setting fire to an obsolete vehicle during a protest. The INA bar applicants if they have committed such acts. Both teams had to discuss the seriousness behind the intent to bar applicants and if the political nature outweighed any criminal intent. Contact Professor Colombo if you are interested in participating in next year s Moot Court Competition. I. The teams This was our school s first time sending more than one team to compete, which proved helpful when it came to practicing oral arguments along with sharing briefs to anticipate arguments at the competition. Breanne Lard (3L) and Cesar Torrez (4L) prepared a brief for the Respondent, arguing that the Fourteenth Circuit Court of Appeals was correct to affirm and find that applicant did not establish that he was persecuted for membership in a cognizable PSG and that he in fact committed serious nonpolitical crimes. Assad Hafeez (4L) and Camnhung Le (3L) prepared a brief for Petitioner arguing that it was arbitrary, capricious, and manifestly contrary to Congress intent to craft a policy exception in the PSG analysis and that he showed he was persecuted for his membership in a PSG. Petitioner also argued that the acts did not amount to a serious nonpolitical crime. II. Lasting thoughts Despite the great investment of time and energy, this experience provided the participants with a genuine sense of actual advocacy for a client without the high stakes. Teams prepared and convened throughout the holiday season and briefs were submitted by February 2, 2015, with oral arguments taking place on March 14, The briefing and writing process was a serious learning endeavor. Blue booking is a real skill that once practiced pays dividends in making proper, effective, non-distracting briefs. Part of the challenge included advocating within the page limits. For presentation and oral argument, preparation through practice built confidence in public speaking. Students removed distracting verbal and nonverbal language. Bad habits became apparent, like the common um s, and ah s, which affect a speaker s credibility. Through our preparation also we addressed the inevitable difficult questions that were asked by the judges. Skills were developed in anticipating and directly answering questions and hypotheticals and balanced with time management to ensure that all key points were addressed within the time constraints. By the end, students needed to finish with a strong reiteration of why the court must grant the specific remedy sought after. Ultimately, flexibility was needed, which made scripts and outlines problematic. The speaker needed to project mastery of the law and the record, while maintaining eye contact and responsiveness to the judges. This was also the case for an effective Petitioner s rebuttal. III. Conclusion This was a great and unique experience for all involved. I had the opportunity to participate in two competitions and discovered that the learning never topped. One elective credit was awarded to each student participant. 6

9 THE STUDENTS ARE ON FIRE ON THE COURT AND IN THE COMMUNITY! By Lusine Sarkisyan Class of 2016 Each year the Student Bar Association hosts the annual basketball game between the student body and the alumni/ faculty team followed by an after-game pizza party. This year s basketball game was a little different than the previous years as the Asian Pacific American Law Student Association (APALSA) and the Student Bar Association (SBA) joined forces to host the game in order to support APALSA s Paper and Plastic Drive to benefit My Sister s House. My Sister s House is a local organization that seeks to eliminate domestic violence in the Asian and Pacific Islander community through family education and by increasing the self-determination of Asian and Pacific Islander women. As fans entered the Sutter Middle School gym, they were greeted by SBA officers- Deborah Bartlett, Jackie Jaynes Creel, and Nichole Dickinson and APALSA officer, Rosie Bains. Each entrant who donated a paper or plastic good to the drive received one free raffle ticket with a chance to win one of the many raffle items. All proceeds from the raffle sales were donated to the Paper and Plastic Drive. The raffle ticket sales alone amounted to over $300 in donations. As guests made their way to the bleachers, they could not miss hearing the infamous bombastic voice of Chris Testerman as he introduced each player, followed by the singing of the National Anthem by Cesar Perez Sr. From the beginning till the end, Testerman and Dean Schiavenza worked together to manage the shot clock and the scoreboard. This was significantly important, because as the game progressed technical glitches occurred on the scoreboard which resulted in the student team to be in the lead by over 100 points. As soon as the technological glitches were resolved, both the teams played their hearts out. The students were playing to maintain their winning streak as the alumni/ faculty team was seeking to take back the title they had once lost. The usual big group of supporters for the student team was matched equally by the great outpour of alumni involvement and support for the faculty/alumni team primarily as a result of the revitalization of Lincoln Law s Alumni Association. After multiple fouls and turnovers and tons of three point shots made by Tyler Nielsen, Theon Bourdaniotis, and Che Fernandez on the student team and by Joe Caffrey, Professor Rouse, Chris Wood, and Chris Ryan on the alumni/faculty team, the game came down to the last 23 seconds. Trailing 64-61, the faculty/alumni players were determined and not ready to throw in the towel just yet. All they needed was one three pointer to push the game to overtime. Fouling the student team was inevitable. Unfortunately for the faculty/alumni team, when student member Che Fernandez was fouled he calmly made both free throws to secure the victory The students cheered and applauded another win. After the basketball game everyone headed to Giovanni s Pizzeria to celebrate another great game filled with family, friends, and food. 7

10 LLSA PRESENTS HONORABLE DAVID DE ALBA By Jasmin Aleman Class of 2017 In an effort to support awareness of the feasibility and opportunities of pursuing a law career, retention and recruitment of Latina/o students in law school, and a deeper understanding of the legal, political, and social status of Latina/o Americans in society, the Latina/o Law Student Association at Lincoln Law School invited Honorable David De Alba, its first guest speaker, to address the student body. Judge De Alba delivered a speech to a room full of students and faculty on Tuesday, February 24, The Sacramento County Superior Court judge was appointed to the bench in 2001 after serving 22 years in the State Department of Justice where he specialized in criminal appeals, tort-related complex litigation, and law enforcement policy. Judge De Alba was voted, Judge of the Year by the Sacramento Bar Association in He was also appointed to the California Judicial Council by Chief Justice Tani G. Cantil-Sakauye. De Alba serves as a liaison to the state s trial courts and works at increasing communication and transparency, along with promoting accountability. would likely otherwise not be able to attend law school. His own daughter graduated from our institution and is currently practicing in Sacramento. A son of Mexican immigrants and the oldest of six, Judge De Alba is a great example of what someone can accomplish with hard work and dedication. He was a junior college student in San Francisco where he later transferred to UC Berkeley before deciding to pursue a higher education in law at UCLA. The path toward excellence is more difficult for some than it is for others, however, his career demonstrates that it can be done, si se puede! Judge De Alba left those in attendance with some important advice. He said that in the practice of law we must focus on preparation, civility and decorum. Our work is not personal and we must respect others. Adelante Honorable David De Alba! LLSA wishes to thank all students and faculty who attended the lecture, Lincoln Law School for supporting the organization s first official event, and a very special thanks to Dean Schiavenza for introducing Judge De Alba to LLSA. Judge De Alba humorously and enthusiastically shared his experiences as a law student, attorney and judge. He shared family history and discussed current issues facing the state judiciary, including outdated buildings, budgets cuts, and backlogs. He also informed the audience about the federal government s inquiry into how our state (as one of the most diverse) deals with the issue of access to justice for minorities who are not fluent in English. Judge De Alba commended Lincoln Law School for its role in providing a quality education to students who 8

11 PROFESSOR OF THE YEAR AWARD By Assad Hafeez Class of 2015 The winner of the Professor of the Year award is the Honorable Curtis Fiorini. Because judging cases and teaching Evidence at our school can be quite demanding I tried to elicit information without raising any objections. He was very kind in answering my questions about his teaching methods. Being a successful teacher requires having a desire to truly help the students, says Judge Fiorini. All of the professors at Lincoln are here because we want to see our students learn and succeed. I remember in third year Evidence class seeing many video clips. Judge Fiorini says he has always used them in lectures, even before teaching at Lincoln, because it is a good way to present hypothetical questions and illustrate factual situations. Evidence is a class that requires a tremendous amount of practice and combining case law and written hypotheticals with intermittent video clips provides a helpful variety. With regard to balancing personal family life and professional duties, Judge Fiorini is grateful a great wife and wonderful sons who make it easy for me and agrees it is very important to make sure to consistently keep a good balance between work and your personal life. I asked Judge Fiorini what words of wisdom he could offer our students and soon to be graduates. Judge Fiorini says it is important to always be yourself and treat others with respect and professionalism. A legal career has many challenges. He emphasized to always treat clients, opposing counsel, witnesses, and the court with the utmost respect for it will go a long way towards being successful. Hopefully, I along with my peers in 4L, can follow this advice as we prepare for the real world life beyond the bar exam. Thank you Judge Fiorini for your time, insight, and dedication to teaching at Lincoln Law School. Drawing upon personal memories from law school, Judge Fiorini recalls I did not learn well in a classroom environment where the teacher was intimidating and unapproachable. As a result, I try to make my classroom fun and comfortable. Instead of stress and anxiety, students should be in a comfortable and relaxed classroom. I have witnessed Judge Fiorini s approach in Evidence class and agree he has crafted this environment by being friendly, always smiling, and using humorous videos that often lighten what otherwise is an intimidating subject of law. I asked Judge Fiorini if he has any pet peeves in the classroom. He says he does not although being unprepared, not paying attention and talking in class does not go very far in making a positive impression. 9

12 SHEPARDIZING CASES + SECONDARY SOURCES = SECOND YEARS (LOST AND CONFUSED)! By Rosie Bains Class of 2017 After viewing countless hefty digests and reporters during the library tour in the Legal Research class, you are immediately overwhelmed with a copious amount of options to begin conducting your research. Your first step should be to pick up the law library map and familiarize yourself with the location of the legal books and journals. Why are these sources and tools so valuable? In order for you to be a successful lawyer, you need to know how to research the law (Sloan, Basic Legal Research, Tools and Strategies, Fifth Edition (2012) p. 1). In your second year, Professor Harry Colombo will stamp permanently into your brain that The job of a lawyer is to persuade using legal authority. Legal Research is a hands on class, which helps students develop research skills by drafting complaints, answers, interrogatories and briefs. You will be presented with fact patterns where the issues revolve around topics such as dissolution of marriage, or limited liability partnerships and your task requires determining the rights and liabilities of the parties, but knowing where to begin your research can be mind boggling at first. How exactly do you begin and what sources are relevant? To further assist students in answering such questions and mold effective research skills, The Women s Justice society and the Asian Pacific American Law Student Association co-hosted Lincoln Law School s first ever Legal Research Workshop. The workshop was conducted by fourth year student Rose Turner. In addition to attending Lincoln, she is pursuing a Master of Library and Information Science from San Jose State University and will be graduating in December During the workshop, Rose provided step-by-step tips on how to conduct effective research using various tools and sources. The starting point of conducting legal research was covered first during the workshop. Secondary Sources are considered to be the best starting point for legal research and will help you gather information and understand complex legal issues if you are not acquainted with your research topic (Sloan, supra, at p. 4). These legal encyclopedias and treatises, such as American Jurisprudence, Witkin, American Law Reports and Practice Guides, provide on-point legal analysis and can direct you toward relevant case law and statutes. But secondary sources should generally not be cited in legal research projects because they do not have the force of law (Ibid.). Rather, secondary sources are helpful when gathering general information about a topic, searching for key words or phrases, or being directed toward primary legal authority, which can be cited. Primary authority is the term used to describe rules of law (Ibid.) and includes constitutional provisions, statutes, court opinions, and administrative regulations, which are referred to as mandatory (binding) authority (Sloan, supra, at p. 10). Primary and secondary sources can be found not only at Lincoln s library, but online as well. Rose also provided students with the foundation of some common online tools that are accessible for conducting research. Online sources can vary from subscription services to free legal information services. As law students, we have a special contract that allows us access to more tools and information than most practitioners do on Westlaw and LexisNexis. However, regardless of subscription level, Westlaw provides two vital tools known as KeyCite and the Key Number system. KeyCite 10

13 is Westlaw s case citator and it indicates whether or not a case has been reversed, overruled, or modified by a subsequent case through color-coded flags. KeyCite is also sometimes referred to as Shepardizing, the LexisNexis equivalent which was the first legal citator of its kind. In order to ensure that every case you cite is relevant and valid authority, one must check every case through KeyCite or Shepard s, otherwise this can constitute malpractice (Sloan, supra, at p. 144). Another aspect of Westlaw that Rose covered in her workshop is the Advanced Search page, which allows users to build search parameters using Boolean terms and connectors. If you re not accustomed to building Boolean terms and connectors, then the Advanced Search page can still prove to be beneficial to you because you can locate an exact word or phrase during research. The Advanced Search page assists users by allowing them to input terms and specify how those terms are to be used, you can search multiple terms and require that they all be included in the results or even specify to search all of the documents that contain the multiple terms you input. The workshop also helped students navigate through free online legal databases. One such database is Cornell Law School s Legal Information Institute, which is the most comprehensive online legal resource that also publishes their own secondary sources. They also publish electronic versions of The United States Code, Federal Rules, United States Supreme Court Cases, uniform laws and various other state law resources. One significant aspect of this site is the Jureeka! browser plug-in, which links webpages that reference Supreme Court cases, federal rules and regulations into direct links to the relevant items in the Legal Information Institute database. Or if reading Supreme Court cases is not your forte then you can listen to an archive of oral arguments and Supreme Court cases via audio recordings provided for free by The Oyez Project. Not only can you access audio recordings by the Supreme Court since 1955, but the website also offers a virtual reality tour of the Supreme Court Building! As law students, our family members will often request solutions to their own legal problems and a resourceful way for you to navigate out of this situation would be to refer them to FindLaw, a free legal database operated by Thomson West. This free online source contains court forms from numerous state and federal jurisdictions. There are two versions of this site, one of which is directed towards non-legal professionals and it encourages users to find a lawyer to help them with their legal issue. The other version is directed towards legal professionals and aides in searching cases and statutes and provides access to Writ, a free legal journal. Besides covering online databases, Rose discussed two important research tools. The first being WashLaw, which is a research portal that links user to other important sites on the internet with legal information based on their geographic location or jurisdiction. WashLaw offers information on court forms, statutes and case law throughout the United States and provides international law material as well. Last but not least, the Sacramento County Law Library s website houses a wide variety of legal resources including form lists providing directions on how to file specific legal actions, videos and podcasts describing common legal problems, and pleading paper, which is especially useful for the second year legal research course. If you are seeking to further educate yourself on legal topics the library provides MCLE classes that you may sign up for through their website. By acquiring an understanding of the available resources online and in the library, one can successfully conduct legal research and further educate yourself on a specific legal topic. If you re looking for further guidance, Lincoln s phenomenal library staff is always willingly to help direct students in their research endeavor! 11

14 OUTSTANDING SERVICE AWARD TO PROFESSOR FRANK MEYER By James Pearson Class of 2017 At this year s graduation ceremony Lincoln Law School will be honoring Professor Frank Meyer with an Outstanding Service Award for his 30 years of teaching at Lincoln. Below is an interview I had with Professor Meyer discussing his career and the insights he s gained over the years. James: First of all, congratulations on 30 years of teaching. That is an impressive accomplishment. Prof. Meyer: (laughing) Thank you. It s been a real honor to be a part of Lincoln. James: Please tell us about your background, your education and career experiences and what led you to Lincoln. Prof. Meyer: I earned my undergraduate from Syracuse University in 1972, majoring in History. From there I attended McGeorge School of Law here in Sacramento, graduating in I interned at the Sacramento County DA s office from Upon graduation from McGeorge I was hired at the DA s office where I worked for 33 years. I retired in 2013, but now I am back at the DA s office as a part-time annuitant. It s been a wonderful career. James: You have been a faculty member since What made you want to teach? Did you come from a teaching background? What has kept you teaching all these years? Prof. Meyer: I do not come from a teaching background, but I was always interested in the idea of teaching in law school. With my work at the DA s office, Trial Advocacy was a perfect fit. I started at Lincoln as a Legal Writing reader in 1985, then in 1986 was recruited by Chuck D Arcy to start teaching Trial Advocacy. I just really enjoyed it. I was impressed with the students, especially to see the older students with families and full time jobs coming in and making that sacrifice. I really like Lincoln s philosophy of providing an affordable law school. I really think that s a good thing and it impresses me. James: What were some of the lessons you learned during your first years of teaching? Prof. Meyer: I learned that it was very demanding to work full time during the day, then come here and teach a class at night. I could empathize with the students. I learned that as a teacher I could help bring out some skills that people didn t know they had. It s been very rewarding. James: What areas of law have you taught at Lincoln? Prof. Meyer: Aside from that one year as a Legal Writing reader, only Trial Advocacy. That s the best fit for me. James: What has been one of your favorite memories as a faculty member here at Lincoln? Any terrible memories? Prof. Meyer: No terrible memories. Great school. I think it s well run. I ve been treated very well at Lincoln, and I m very proud to be a member of the Lincoln family. The best memories I have are seeing some of my former students in court and doing well. Two of my first students are at the DA s office and have done quite well for themselves: Rob Gold and Steve Grippi. My best memories are seeing my students succeed in the real world. James: Could you list 5 words that describe your teaching style and yourself? Prof. Meyer: I try to keep it fun, interesting, positive, encouraging, and challenging. James: How much has Lincoln as a school and as a student body changed in the last 30 years? Prof. Meyer: Demographics. Students have gotten younger. When I started in 1985 people were in their 30s and 40s. The majority were working and had families. Now, we are seeing people in their 20s, sometimes straight out of college. I think the cost of law school has gone up substantially. Back when I went to law school, it was much more reasonable. Now, to attend McGeorge or UC Davis you might pay $150,000. I think the cost is one reason. The fact that Lincoln offers a quality law school education at an affordable price is very impressive to me. James: Have you experienced a growth in yourself while teaching for the past 30 years? What changes have you seen or experienced? Prof. Meyer: Yes, I ve grown through my interaction with the students. Other people s perspectives have changed mine. I have to strive to keep up with the students. Also, the law changes and technology has changed. I ve had to grow and keep up with that. James: Do you plan to retire from teaching? If so, when? No pressure! Prof. Meyer: Well, my answer to that is yes, someday. But I m still having fun and I think I m making a contribution. Also, I teach Trial Advocacy with Harry Colombo, and we work well together. I think when he goes, I will go too. We would need to find a new team at that point. But I don t have any definite plans to stop teaching yet. I really enjoy it. James: There are a few students on campus who would like to teach law in the near future, what recommendations do you have for them? Do you need to be a solid A student? Prof. Meyer: Well, when I was in law school we had a saying: The A students become law professors, the B students become judges, and the C students make all the money. That s not to say that a determined C student couldn t become a law professor. It could happen. But grades do matter. I was a pretty solid B student when I was in law school. Both in school and in the real world, you have to put in the hard work necessary to win. James: Alright, well, that concludes our interview. Thank you again and congratulations. Prof. Meyer: Thank you. It s been a great 30 years. I m very thankful to the Smolich family. I think Jim Schiavenza is doing a great job. It s been a real honor to be a part of Lincoln. 12

15 PROFESSOR WRIGHT ALUMNUS OF THE YEAR By Paramprit Bindra Class of 2016 I had the honor and privilege of interviewing Professor William F. Wright, Lincoln Law School s 2015 Alumnus of the Year. It was evident during our conversation that Professor Wright is an exemplary faculty member at Lincoln who not only balances his life as a practitioner and professor, but provides guidance and mentoring to students by maintaining his open door policy. Throughout his career at Lincoln he has consistently been generous with his time and advice to students by encouraging them to increase their legal knowledge. He believes in giving back to the community, and as future lawyers, believes we owe a duty to make Lincoln Law School proud. As lawyers we have a power that other people don t have and that includes the power to sue, but remember it also includes the power to help. Professor Wright is very grateful and honored to be named Alumnus of the Year. Professor Wright has been a part of the Lincoln Law School faculty for over 30 years teaching Constitutional Law. He aspires to one day write a Constitutional Law textbook, however he acknowledges the fact that it s a very lengthy process and requires a significant amount of time. It may not seem like it, but Professor Wright did not always intend on becoming an attorney. Prior to attending law school he considered going to medical school but due to the excessive cost did not attend. It was when his father, a student at Lincoln at that time, recommended to him that he too enroll at Lincoln and he moved back to California to do so. After obtaining admission, he began clerking at Victor Bertolani s law practice during his second year. Victor Bertolani was the Dean of Lincoln at that time and by working throughout law school for one of the founding members of Lincoln, Professor Wright was able to grasp every opportunity and learn from him. Upon graduation, he continued to work for him as an attorney until 1997 when he began his own private practice. Professor Wright has since then managed his own practice while also teaching Constitutional Law. This year he took on two new practical elective courses: Law Practice and Management and Civil Pleading and Practice. Professor Wright believes that these practical courses are beneficial to students because the curriculum revolves around facilitating essential skills vital for practicing attorneys. Law Practice and Management was first offered during the 2015 Spring quarter. This was an information-based course, which provided students with knowledge on the basics of starting up and operating a successful law firm. The curriculum answered common questions new attorneys face when starting out such as the advantages and disadvantages of contingent fee vs. hourly billing, the practice of law as a business, office location, marketing, client relationships and office management. The course emphasized the different practice areas of law and how income is generated from them. For example, while personal injury can be a profitable and lucrative area of practice, it can be a difficult area for new lawyers. This is because generally attorney receive compensation only upon a judgment or if the case settles. Whereas if the new attorney were to practice family law, criminal defense, wills and trusts, then the attorney could generate more hourly billing. The one important lesson to take away from this course is to keep overhead low. Professor Wright recommended to new lawyers pursuing private practice, that they may want to start off sharing an office where they have access to resources such as a library and copier so that costs can be split. Civil Pleading and Practice will be offered during the Summer 2015 session. Professor Wright had been advocating for this course for numerous years and thinks it will be a great opportunity for students. It will be taught on Tuesday and Thursday evenings and is a two unit pass/fail course. Students will be provided with packets of information for approximately six cases. The cases will range from an automobile accident personal injury suit, employment, medical malpractice and breach of contract to name a few. The packets of information will contain sample complaints, jury instructions, discovery forms and many more documents that are a part of a lawsuit from start to finish. Some cases will be from the plaintiff s perspective and others from the defendant s perspective. This course will put the principles learned in Civil Procedure in context. For example, during second year students in Civil Procedure learn what a demurrer is yet some don t understand the distinction between a challenge to the facts of the pleadings and a challenge to the legal sufficiency. From practical courses such as Civil Pleading and Practice, students will learn these distinctions and more. Furthermore, Professor Wright believes it will be a great review of Civil Procedure and especially beneficial in preparation for the bar. When it comes to preparing for law school examinations, Professor Wright highly recommends that students create their own outlines. There are great outlines available in great detail, but they are not yours. Students need to write them out in their own format and structure. One principle and piece of advice that Professor Wright has for all aspiring attorneys is Don t take any money from somebody you can t help. It s not about you. It s about helping your client by providing valuable services. It s not about how much money I can get out of this person. There are lawyers like that and they give lawyers a bad name. Most of us are trying to provide valuable services. Professor Wright feels as lawyers we have the power to subpoena people, but remember we also have the power to do good. We have the power to help people.

16 LINCOLN S NEW COMMUNITY PROPERTY PROFESSOR - HONORABLE MICHAEL BOWMAN By Alex Grotewohl Class of 2018 The Honorable Michael Bowman recently joined Lincoln Law School s faculty as professor of community property. As a child, Bowman, who was raised by a single mother, held down a number of jobs in an effort to make ends meet. He cleaned horse stables and cooked in his uncle s restaurant as a teenager. His humble beginnings led him to attend the California State Polytechnic University, Ponoma where he decided he had to get serious about his education and his dream of being an attorney. He later attended the University of the Pacific, McGeorge School of Law, during which time he interned at the Sacramento District Attorney s office. Directly after graduating from McGeorge in 1988, Judge Bowman began working as a prosecutor in the Kern County District Attorney s Office. Less than five years later, he was presented with an opportunity to switch sides and become a defense attorney. Since he grew up watching Perry Mason with his mother, this new transition was inevitable. Judge Bowman quickly learned that while Perry Mason always seemed to pull out a victory for the accused, a real defense attorney has to savor his victories when he can find them. He stated that as a defense attorney, there is the constant play of catching up and typically an attorney is in court, because the district attorney s offer is not the best for the accused. on a rotational basis. As he audited a session of Professor Gold s criminal law class, he became convinced that Lincoln is the place he wants to teach. Bowman supports the education that Lincoln offers, because he sees the importance of allowing students with jobs and families to be able to pursue their goals in the legal field without being bogged down with unnecessary debt. He brings his philosophy of being relevant, honest, and brief to his class as they immerse themselves in the subject of community property. After years in the courtroom, both at the counsel s table and on the bench, Bowman believes he s figured out what it takes to be effective in the legal profession. He views his new position at Lincoln as a chance to help students along the same path he walked years ago. Please welcome Honorable Michael Bowman to Lincoln Law School. While at work defending suspects in the courtroom, Judge Bowman taught contracts to law students as well as instructed law enforcement on criminal justice-related matters for over a decade. He assisted in the training of police officers on topics such as testifying in court, obtaining and serving search warrants as well as running a proper homicide investigation. Professor Bowman sees teaching community property as an opportunity to develop a strong basis for the subject matter, because new judges are often assigned to the family law court 14

17 MEET THE WOMAN BEHIND THE MOTTO NO HIGH HIGHS AND NO LOW LOWS - HONORABLE BUNMI AWONIYI By Lusine Sarkisyan Class of 2016 In July of 1990, Honorable Bunmi Awoniyi, traveled from England to the United States as a result of receiving the prestigious Pegasus International Law Scholarship. The Bar of England and Wales selected Judge Awoniyi to represent their bar in a foreign nation of her choice for three months. She selected the United States, because of her fascination with the American fusion of the legal field. Unlike the United States, England has two branches stemming out of the legal profession: a solicitor, who is an attorney that solicits clients and advertises his or her services; and a barrister, who dresses in a wig and a robe, only appears in court, and has clients referred to him/her by solicitors. Professor Awoniyi, after graduating from the Inns of Court School of Law in England, was admitted to Lincoln s Inn as a barrister within the Bar of England and Wales. After being selected to embark on her adventure, she was set to move to North Dakota however two weeks before she was to travel, a law firm in Sacramento contacted her with the hope of hosting her as their Pegasus Scholar. Thus, Judge Awoniyi made way to the sunshine state of California. Professor Awoniyi arrived at the Sacramento International Airport with two suitcases and some money in her pocket. She assimilated to life in California quickly, because of her determination to learn and succeed, however she was faced with a challenge. In England there is only one law, common law, while in the United States, in addition to common law, there exists modern law and the United States Constitution. Thus, in order for Professor Awoniyi to pass the California bar exam and practice law in the California, she had to learn modern law and the United States Constitution. She went to the Sacramento Law Library and picked up a pamphlet on the US Constitution and began her own tutorage and at the end of her three months, she took the bar exam and passed it. After triumphantly defeating the bar exam on her first attempt, Judge Awoniyi sought out employment. A local law firm had an opening for a family law attorney. She took the opportunity and applied. During the interview she told the hiring attorney three things: I will be a quick learner; I will do it well; and I will be responsible for my own tutorage. The attorney hired her and what was meant to be a job to make a living turned into her passion. The experiences she gained as an attorney and the skills she acquired led her to live by a very important motto that many law students and new practicing attorneys should note on the hills of a victory there is a crushing defeat; On the hills of a crushing defeat is a great victory, so have no high highs and no low lows. This motto and her passion later led to the opening of her own family law practice, where she became a Family Law Specialist, and later to the bench in 2012, becoming the first Nigerian woman to become a judicial officer in the State of California. She is one attorney who has not followed the traditional footsteps in becoming a judicial officer, instead she took the opportunities made available to her and marked her own unique steps to reach her goal. She did not take deliberate steps in becoming a judge, she simply made herself available to take on the opportunities that came her way. Judge Awoniyi s uniqueness and passion have led her to Lincoln Law School to teach Family Law beginning this summer. Her excitement and enthusiasm to teach and become a part of the Lincoln team is truly inspirational. She firmly believes that what a student gets out of learning is what that same student puts in their learning and in order to truly excel, a student must do more than the minimum. Her hope for this summer is that her students will be as excited about family law as she is, come to class prepared with questions to challenge her knowledge and expertise, and take away the understanding that family law is not concrete, but touches on multiple areas of law fused with many emotions. Let s welcome Judge Awoniyi to Lincoln Law School! 15

18 DUE PROCESS AND SOCIAL MEDIA YOU VE BEEN SERVED By Deborah Bartlett Class of 2016 The Fifth and Fourteenth Amendments to the United States Constitution and Article 1 of the California Constitution provide that no person shall be deprived of life, liberty, or property, without due process of law. In order to pass muster under the Due Process Clause as interpreted by Mullane v. Cent. Hanover Bank & Trust Co. (1950) 339 U.S. 306, 314 and its progeny, service of process must be reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections. Today, this might include service by social media. [H]istory teaches that, as technology advances and modes of communication progress, courts must be open to considering requests to authorize service via technological means of thenrecent vintage, rather than dismissing them out of hand as novel. (Federal Trade Comm. v. PCCare247, Inc., (S.D.N.Y.Mar. 7, 2013) No. 12 Civ (PAE), 2013 U.S. Dist. LEXIS ) The courts seem to be in agreement that for service upon foreign defendants, service by alternative methods including facsimile, and social media is allowable as long as the proposed methods of service were not prohibited by the Hague Convention and the plaintiff provided sufficient evidence to show that there is a strong likelihood that the defendant would receive notice and thus satisfy due process requirements. (WhosHere, Inc. v. Orun (E.D. Vir. Feb. 20, 2014) No. 1:13-cv AJT-TRJ, 2014 U.S. Dist. LEXIS ) However, the courts have been sharply divided over whether or not service on domestic defendants by social media provides sufficient due process. The United States District Court for the District of Kansas and the United States District Court for the Eastern District of Missouri refused to allow Facebook service, expressing concerns that, while Rule of Civil Procedure 4(e) allows personal service consistent with the state law where the district court is located or where service is made, neither state authorized electronic mail as a form of service, so service via Facebook would also not qualify. Also, the Missouri court held that the plaintiff had failed to show that the targeted Facebook profile was current and active. (Joe Hand Promotions, Inc. v. Mario Carrette (D. Kan.July 9, 2013) No CM, 2013 U.S. Dist. LEXIS ; Joe Hand Promotions, Inc. v. Shepard (E.D.Mo. Aug. 12, 2013) No. 4:12cv1728 SNLJ, 2013 U.S. Dist. LEXIS ) Additionally, the majority in In re Adoption of K.P.M. (Okla. Oct. 14, 2014) No , 2014 Okla. LEXIS 85, held that sending notice through a Facebook message is an unreliable method of communication if the account holder does not check it regularly or have it configured in such a way as to provide notification of unread messages by some other means. The dissent in this 6-3 decision, however, believed that this may constitute sufficient actual notice, proposing the questions: Why would Facebook be any less reliable than other forms of electronic communication? and Does the Court require face-toface confrontation with witnesses? The dissent also pointed out face-to-face discussions can be denied as well as letters remain unopened and faxes can be lost. However, in 2014 the New York Family Court allowed a father seeking to modify his child support payments to serve legal process upon the child s mother who left no forwarding address by sending a copy of the summons and petition to her Facebook account. (Marsh, Julia, Fenton, Reuven and Goldling, Bruce (Sept, 18, 2014) Judge OKs serving legal papers via Facebook < (as of January 1, 2015).) Legal bloggers have suggested that the plaintiff has the burden to convince the court that all other reasonable attempts to contact the defendant have been made, that the defendant is currently using the social media platform and provide sufficient evidence showing that the user s personal information on the social media platform matches or is consistent with the personal information held by the plaintiff, for example; names, previous address details and location, that service via social media be performed concurrently with service by publication in a newspaper circulating in the relevant area and that the social media platform provide an affidavit to the fact that the message was sent. (Swales, Lee, Service of Process via Social Media A Comparative Approach (July 15, 2013) < V1AhNHB4.dpuf> (as of January 1, 2015).) Finally, the court in Rio Properties, Inc. v. Rio Int l Interlink (9th Cir. 2002) 284 F.3d 1007, held that the Constitution does not require any particular means of service of process, only that the method selected be reasonably calculated to provide notice and an opportunity to respond. (See Mullane, 339 U.S. at 314.) In proper circumstances, this broad constitutional principle unshackles the federal courts from anachronistic methods of service and permits them entry into the technological renaissance. As noted by the court in New England Merchants v. Iran Power Generation And Transmission Company, (1980) 495 F. Supp. 73, in granting permission to effect service of process via telex on Iranian defendants, courts cannot be blind to changes and advances in technology. No longer do we live in a world where communications are conducted solely by mail carried by fast sailing ships. Electronic communications via satellite can and do provide instantaneous transmission of notice and information. No longer must process be mailed to a defendant s door when he can receive complete notice electronically inside his very office, even when the door is steel and bolted shut. Technology may provide additional options for service that did not exist that long ago. It is important to note that although courts are granting orders for service through social media as an alternative method, it is still not specifically provided for by statute. Perhaps, legislatures should consider forming a committee to better understand how this type of service truly affects due process. 16

19 HOW PUBLIC SERVICE CAN MAKE A DIFFERENCE: AN INTERVIEW WITH ANNE MARIE SCHUBERT By Dominick Welch Class of 2016 A meeting with Anne Marie Schubert can leave one with no other impression than to be inspired. After a twenty five year career as a deputy district attorney, with eighteen of those spent in Sacramento County, Anne Marie has had the chance to absorb our community s sense of justice and is in the unique position to build upon it more than anyone else. By creating a program to engage parents directly and help their children make it to school, she personifies the modern trend toward a community policing model which values neighborhood input. By balancing her belief in the goodness of humanity against the moral responsibility to hold fellow citizens accountable for their actions, Anne Marie embodies the spirit of the scales of justice. Through promulgating community outreach programs, she is taking a proactive approach to curbing crime. Most importantly, by considering herself a prosecutor and not a politician, she creates an office environment which values the duty to serve justice above all else. Anne Marie comes from a large family of six brothers and sisters where she learned everyone should have fair and equal rights. She grew up in Sacramento and attended law school at the University of San Francisco, graduating in Ms. Schubert was drawn to state prosecution fresh out of law school because she saw it as an opportunity to balance her belief in the decency of people against the need to hold them to answer for consequences arising from their actions. Ms. Schubert began teaching Peace Officer Standards and Training classes (P.O.S.T.) early in her career. Her favorite class subjects include those taught to newly hired officers. In her opinion, these new hires represent the future of law enforcement and their education plays a critical role in effecting future change. In essence, Anne Marie sees the role of law enforcement as the front end of the criminal justice system: the one which interacts with the public the most. As such, she feels the most important duty of any law enforcement officer is to act as a conduit for the truth. For purposes of the criminal justice system, law enforcement officers act as the tunnel through which the truth of what happened is relayed as accurately and precisely as possible to the jury. Law enforcement as a whole is reactive in nature. Investigation and prosecution usually happen after the crime and damage are done. Anne Marie realizes this and has taken a proactive approach to stop crime before it happens. She believes this change starts within the community on a grass roots level. Ms. Schubert understands her office is there to serve the community and not only provide justice for acts done, but make the county a safer place. This focus on the community is reflected in Schubert s choice to update the D.A. logo. By moving away from the State Capital Building, and replacing it with the Tower Bridge over the Sacramento River, the logo is now representative of our local community here in Sacramento, rather than our state community which often convenes in the Capital Building. To begin a grass roots level of change, Ms. Schubert began by focusing on getting children back to school. The first Partners against Chronic Truancy seminar was held to give several different officials from the court system access to parents and students seeking advice and guidance on truancy. In these coordinated meetings the District Attorney, Public Defender, superior court judges, and Department of Human Assistance convene to explain their role in the truancy process directly to the parents. Each agency explains the role they play when students continue to miss school, and the reasons to take their education seriously. The turnout has been amazing; with upwards of three hundred parents and students attending any given meeting. The DA s office created these events under a common goal to help parents achieve a better life for their child. The presentation is constructed not second guess the parents, but rather to explain they are partners in their child s future, and have the same goal. To see so many opposing forces who do not usually partner come together for the good of the community is a personification of the modern trend towards community collaboration. Ms. Schubert continues to personify this trend by building upon programs originally started by former District Attorney and Lincoln Law School alumni, Jan Scully. Programs such as the Community Prosecutor Program address crimes affecting the quality of life of Sacramento residents; including graffiti, vandalism, prostitution, and drug sales. These crimes also effect what young people consider permissible acts; and, therefore set the standard our community will live by in the future. By establishing a special team with prosecutors assigned to each of the specific sections of Sacramento, there is a chance to create and keep Sacramento s communities prosperous. To Anne Marie, one of the most important continuing duties for the leader of a criminal prosecution office is to foresee future changes in the criminal landscape and stay ahead of them. In her opinion, electronic advancement is one of the important issues for law enforcement to stay ahead of. Electronic communication is making victims more accessible to perpetrators in a variety of ways. Furthermore, the fact that many older 17 17

20 HOW PUBLIC SERVICE CAN MAKE A DIFFERENCE: AN INTERVIEW WITH ANNE MARIE SCHUBERT CONT. WOMEN S MONTH A CELEBRATION OF WOMEN IN THE LAW By Laura Bateman Class of 2016 individuals do not comprehend the workings of the internet, realtime communication, electronic banking, or username-password relationships, leaves a large opportunity for criminals to take advantage of the elderly. These electronic transactions offer several advantages to criminals in their commission of crime, ranging from attacking victims anonymously, using false names, and gaining access from any computer terminal, including ones readily available in libraries and cafes. Electronic advancement has created a hotbed of hidden online crime which needs addressed. No longer does the typical sex offender hide out in the park; but rather, hides anonymously behind a computer. Anne Marie cites community outreach and education as the most important factors in fighting these hidden online crimes. At risk victims need to be educated on how the information they put out electronically can be used to their detriment. Anne Marie plans to adopt the equal opportunity programs and community service programs already put in place by former DA Jan Scully, as well as create new ones to evolve with modern times. Anne Marie succinctly summarizes her blue print for maintaining public safety as prosecution, prevention, and innovation. She understands the District Attorney is a government entity and as such is limited in resources. Therefore, her job is to use these limited resources to make the greatest change possible for our Sacramento community. In closing Anne Marie has some words of wisdom for our California law school students. She first urges students to find their passion and be authentic. Aside from being true to one s self, Ms. Schubert emphasizes the importance of being true to the world. Anne Marie leaves us with her belief that the most important quality of any lawyer is integrity first and persistence second. As she states best, nothing can replace the truth. This is a universal maxim which every law student should take to heart. Especially in modern times, when the precarious lawyer is often hailed as the television hero, it is important to remind ourselves that an exceptional attorney pushes the limits of our laws, but never crosses outside them WJS is a dynamic and diverse organization that is working to support, advance, and encourage its members to achieve their professional and personal goals and combine their talents and resources to make a positive difference within Sacramento and its surrounding communities. WJS seeks to celebrate the achievements of its members, address challenges, and facilitate continued progress by providing support in both professional and personal capacities. When we wrote our statement of purpose last September we had only the vaguest notion of how these words would translate into action. We wanted to offer something special, something relevant, and something fun and in March, we delivered. Throughout March WJS sponsored Women s Month A Celebration of Women in the Law. From guest speakers, to panel discussions, game night, self-defense and research tips, there was something for everyone even a fashion show. Our celebration kicked off with the Honorable Laurie M. Earl, 2005 Lincoln Alumnus of the Year, 2010 Judge of the Year, and 2013 recipient of the prestigious Ronald M. George Award for Judicial Excellence, sharing her insights and experiences over her nearly 30-year legal career. Judge Earl spoke frankly and with good humor on topics ranging from windowless basement offices, balancing work and family and overcoming challenges which women continue to face in the legal profession. Week two brought equal doses of academic support and roaring good times. First, at a well attended presentation by 4L and librarian Rose Turner, students received practical tips and tools for doing legal research that you likely would not learn about in class. Although the idea for this event was originally conceived as a way to help 2Ls get through Legal Research and Moot Court, the 3 and 4Ls in attendance also learned a few new tricks. This year, not only will Rose earn her J.D., but will also be completing her Masters of Library Science; if you re looking for help with a research project she s the go-to person. For those of you who do not know her, Rose is a founding board member and first President of WJS. During her tenure,