Apart from the first message, which is traditionally supposed to be about the president, I want to focus the rest of the year on the diverse faces and things that make VCBA a great organization. With that in mind, each month I will be showcasing one or more of VCBA’s 35 sections, committees or affiliates.

One of the most active sections with a long distinguished history is the Ventura County Barristers. What better way to start than by looking at the Barristers President’s Award plaques hanging in the hallway of the VCBA office. There you will find the names of all the past presidents of Barristers beginning with Joe Strohman (1986) and ending with Christina Stokholm (2011). Also included among that list are Gregn Totten (1987) and Paul Tyler, who has the distinction of serving two terms (1997 and 1998). While I assumed that Joe was the first president, upon further investigation, I learned that Barristers was founded in 1982 by Richard Loy. However, Rick is quick to give credit to Judge Fred Bysshe, who was VCBA president that year and was a strong proponent of establishing a “young” attorneys group. Judge Bysshe has been an unstinting supporter ever since.

 Barristers, which started as a modest group of 10-15 members, has now grown to over 100+ members. To be a Barrister, you have to be either less than 36 years old, or in practice for seven years or less. The Barristers Board currently consists of over 15 board members.  The original focus was on having brown bag lunch meetings at the courthouse by inviting judges and attorneys to speak about different areas of law, practice tips and providing continuing education. One of Barristers’ signature events has to be Judges’ Pizza Night, which gives members the exclusive opportunity to meet all of the local justices, judges and commissioners in an informal setting. The event has become so popular over the years that during the administration of Meghan Clark (2001), the location of the event had to be kept a secret (attendees had to call the VCBA office) so as to prevent LA attorneys and other non-Barristers from crashing. Under the leadership of Jesse Cahill (2007), the focus then shifted to more fun and social events with the first  Bowling Night. Katie Pietrolungo (2008) continued the momentum of more sportsrelated and competitive events with the first Barristers’ Cup Three-on-Three Basketball Tournament. This inaugural tournament was recognized with an Award for Achievement from the ABA Young Lawyers Division.  Another fun event that soon followed was the annual darts tournament.

Barristers then eventually combined the fun, social and competitive activities with supporting local charitable causes such as Food Share, YMCA, Make-A-Wish Foundation, and Habitat for Humanity.  Last year, through the efforts of current Vice President Matt Purcell, the Self-Help Nights were started at the Salvation Army’sTransitionalLivingCenter inVentura, where Barristers assist indigent residents who need access to our courts in such areas as family law, criminal law, and housing. Barristers hope to build on this idea and expand outreach to other community organizations. This year, VCBA’s pro bono program, Volunteer Lawyer Services Program (VLSP), will be a fortunate beneficiary of Barristers’ fundraising efforts.

Those who think that Barristers is no longer about training and professional development of new attorneys, should remember that Barristers still presents its Bridging the Gap conference every other year, featuring distinguished panelists and provides up to 6 MCLE credits (free for new admittees).  Another Barristers’ activity that has made a big comeback in the past year (thanks to current Treasurer Rennee Dehesa) is the Mentorship Program. This program is an invaluable way for newer attorneys to receive career advice and guidance from more seasoned attorneys.

It’s worth noting that Meghan pioneered the development of an e-mail distribution list of members, while during my year (2002), I infamously became dubbed the “king of spam” for my prolific use of e-mails to notify members. However, Joel Villaseñor (2005) was known for the most creative and eloquently written e-mail blasts. With the advent of social media, Mike Strauss (2009) was the first to create Barristers’ Facebook page.

What is clear from all of my interviews of past and current members is that all felt that getting involved with Barristers offers them the chance to “meet people you would not otherwise get to,” get to know colleagues outside of the office and develop lasting friendships, and give back to the community, which they find the most rewarding. Given the current challenges facing new attorneys entering one of the most difficult job markets, compounded by the fact that most Barristers are still paying back significant loans from law school, fostering such networking opportunities may prove more beneficial than ever in terms of assisting with the job search.

2012 president Bob Krimmer’s goal is to keep the energy going by maintaining the current initiatives, while being sensitive to the time constraints of newer attorneys and the legal community as a whole during these tough economic times. Initially, Bob had reservations about taking on this position because he was older than everyone else (having had a previous career in the entertainment industry), but soon felt very welcomed. He believes Barristers is not so much a function of age, but common shared experiences as a new attorney starting out in the profession. I wholeheartedly share Bob’s vision of enhancing the communication, coordination and collaboration with VCBA because when all is said and done we are all part of one bar.

I was four, and my sister nine, when our family fledVietnamin April, 1975, during the final chaotic days before the fall ofSaigon. Leaving with only 30 minutes’ notice, we could take only the clothes on our backs and a few family photos. We were among the lucky, since we were able to escape fromSaigonon one of the airlift flights, rather than by boat, as so many others had been forced to do.  Our good fortune sprang from a fortuitous encounter with an American named George Turner, a Graham Greene figure whom we initially suspected of working for the CIA.  At the overwhelming Tân Son Nhât airport, which was full of desperate Vietnamese trying to find a way out, this original “quiet American” unconditionally helped secure the necessary papers for our family to board the military cargo plane. It was a wrenching decision for my parents to make, since getting on that plane meant leaving behind their country, their extended family and their friends, and heading who-knew-where, but my parents, hoping for a brighter future for my sister and me, gathered up their courage and took the plunge.

On our flight out of Vietnamwe made a few stops at U.S.military installations in the Philippines– Subic Bay Naval Base and Clark Air Base – before finally landing on Guamfor processing. From there, we were sent to a refugee camp at Fort Chaffee, Arkansas. we only had to stay two months at Fort Chaffee because we already had sponsors, Dale and Flori Reilley, lined up to relocate us to Ventura, California. (Years later, when I discovered that the city’s original name was “Buenaventura,” and that in Spanish this means “good fortune,” I was struck by the fittingness of this having been the final destination of our journey of good luck.)

My father, Dat, had previously met Mr. Reilley about six years before at a summer teaching exchange program for science teachers at theUniversityofMaryland, and the two of them had remained in close contact since then. It was another of those fortuitous encounters, and we owe a lot to the unstinting generosity of the Reilleys, who, despite already having a full house with seven children of their own, took us in those first three months and helped us establish our new life inVentura. My sister and I did not know a word of English then. The only thing I could say was “Ông Bà My” (Mr. and Mrs.America) when referring to Mr. and Mrs. Reilley! I also remember sleeping in the Reilleys’ camper in their driveway until we eventually moved into our first apartment.  Although we are Buddhist, we received extraordinary friendship and kindness from members of theBibleFellowshipChurchinVentura, who donated clothing, household goods and decorations for our first Christmas inAmerica, and most of all, kept us comfortable in this new land. Eventually, my mother, Thu, who had been a teacher inVietnam, was able to secure a teaching job at Ventura Adult Education. My father had to quit his teaching career to become a lab technician for the City ofVenturawater Treatment Plant.

Growing up as a first-generation Vietnamese-American was not easy for me, and involved trying to adjust to the new culture while maintaining my cultural heritage and roots. My parents always told me that I could speak English outside the house, but when I was at home I had to converse in Vietnamese. Maintaining my native language also became a necessity because we were later reunited with my grandparents (who spoke only Vietnamese), and they moved in with us. At the time, there were about ten other Vietnamese families who also settled inVentura, and we all got to know each other well. The families would get together each year to celebrate Tet  (the Vietnamese lunar New year) by enjoying delicious traditional Vietnamese food, singing, dancing and performing skits.

My parents always emphasized the importance of education, non-stop learning, and self-improvement. Following this guiding principle, I advanced throughVentura’s excellent public schools: Mound Elementary,BalboaMiddle SchoolandVenturaHigh School, where in 1989 I was part of the school’s 100th graduating class. The highlight of my high school graduation, though, was not the centennial; it was having Mr. Reilley there and his being the first one to shake my hand and congratulate me. It is a moment I have never forgotten, for in a sense it was Mr. Reilley who had made it possible, and it was very much on my mind when, less than a decade later, I had the sorrowful privilege of delivering the eulogy at Mr. Reilley’s funeral.

My extra-curricular activities during those school years included playing piano competitively for nine years, and participating in the Boy Scouts, where I achieved the highest rank of Eagle Scout. Other than AYSO soccer for a few years, playing tennis recreationally has been the sport I’ve enjoyed the most growing up and in which I have continued to this day.

Like my sister before me, choosing to attend UCLA (go Bruins!) was a no-brainer. however, my decision to take the path of prelaw (political science major) brought some angst to my parents, who probably had some doubts and worries about whether I would be successful as the first attorney in our family.  At UCLA, I fully embraced my cultural identity and felt that I truly fit in. This self-realization was due to my active involvement in two campus groups – Vietnamese Students Association and Vietnamese refugee Aid Committee.  

After graduating fromLoyolaLawSchooland passing the Bar in 1996, I landed my first job at Girardi & Keese. It was fascinating to work for and learn from a master of trial like Tom Girardi.  

Six months later, I was offered a staff attorney position for the U.S. Court of Appeals for the Ninth Circuit inSan Francisco.  Accepting this exciting opportunity and moving to the Bay Area gave me the chance to meet my wife, Pauline, who at the time was finishing pharmacy school at UCSF. I am fortunate to have found a partner in life who is as passionate as I am about traveling and experiencing cultures throughout the world.

In 1998, I moved back toVenturaCountyand re-entered private practice by joining Nordman, Cormany, Hair & Compton. My experience there was invaluable, working with an esteemed group of attorneys in such a diverse practice.  When Pauline and I moved toThousand Oaksin 2002 and bought our first home, I  received a tip from Steve Henderson (VCBA Executive Director, unofficial “yenta”/headhunter, and quiet American in his own right) about a firm named Sullivan, Sottile & Taketa inWestlakeVillage. Steve’s  professional matchmaking instincts were, as usual, dead-on. I joined the firm, which later became Sullivan Taketa LLP, and I was subsequently elevated to partnership.  It has truly been a pleasure to work with my partners, Mark Sullivan, Donn Taketa and Joel Villaseñor, because they foster the most collaborative and congenial team environment.

My VCBA involvement started in 2002, when Scott Samsky and Meghan Clark cheerfully “coerced” me into serving as president of the Barristers section.  I later became more involved at the State Bar level, and then founded the Ventura County Asian American Bar Association. I am thankful that Pauline is so patient, understanding and supportive of me in all of these endeavors. The most rewarding aspect of VCBA mmbership is the group of inspiring mentors, role models and friends who have influenced my professional and personal development. Many of these people, such as Tina Rasnow, Carmen Ramírez, Bill Hair, Jon Light, Matt Guasco, and David Shain, are themselves past VCBA presidents, which makes me prouder still to be included in their company. It is my privilege, and part of my continued good fortune, to have been chosen for this year to head this great organization, and I will give my all to be worthy of it.

World Champs. It’s not often that any person or team from Ventura County is the “Champion of the World.” But that honor recently was earned by the La Reina Mock Trial Team. The La Reina team captured the 2011 World Mock Trial Championship at the Empire City Mock Trial Invitational Tournament on Oct. 23 in New York City. The competition included 16 state champions, six international champions and 34 at-large teams.

Team members include seniors Olivia Polk and Hannah Young; juniors Hannah Delsohn, Elizabeth Hribal, Lena Melillo and Rachel Warner; sophomores Olivia Aulicion, Ryanne Bamieh, Camila Hamideh and Nisah Srinivasa; and freshmen Leila Flanagan and Reilly Jones. The proud faculty advisor is Mrs. Liz Harlacher and dedicated team attorney coaches include Kendall Jones, Jean Wentz and Ron Bamieh.

La Reina has captured the Ventura County Mock Trial Championship 16 times since 1990 and has won the California State Championship twice, in 2008 and 2011.  If you can’t get tickets to the World Series or London Olympics next year, you may want to see the World Champs in action again in February/March at the Ventura County Courthouse. They will be joined by other impressive high school students and teams in the 2012 Mock Trial competition. 

As a reminder, VCBA board member Joe O’Neill has been making great strides in getting Mock Trial coaches and teams lined up. More attorney coaches are still needed. Contact Joe at oxatty@earthlink.net or (805)988-6700. Also, please consider being an attorney “scorer” on at least one night of the competition in February/March, 2012. 

Unbroken. If you haven’t heard the story of Louis Zamperini you should take a moment and check him out on the web. Better yet, read Laura Hillenbrand’s bestseller, “Unbroken, A World War II Story of Survival, Resilience, and Redemption.” Louis Zamperini was a world class miler and distance runner fromTorrance,California who ran track at USC. Along with another little-known runner named Jesse Owens, he was a U.S. Olympian on the U.S. Olympic Team in the 1936 Berlin Olympics inBerlin. During World War II, like all young men, he set off for war and served as an Army Air Corps bombardier on a B-24 Liberator. While on a rescue mission his plane crashed into the vast Pacific. He and two other American service men found themselves alone on a raft. Louie and one of the men survived an unbelievable 47 days in the raft only to be captured by the Japanese. Louie’s story of survival in a Japanese POW camp, his return, torment and redemption is gripping and inspirational. In the end, forgiveness saved him.

 Thanks to an invitation from my Notre Dame track buddy and fellow attorney John Duffy, I got a chance to see Louie Zamperini on Oct. 6 at Fess Parker’s Doubletree Resort inSanta Barbara. This event, a fundraiser for Providence Hall prep school, featured a fifteen minute documentary by CBS’s Bob Simon on the background and history of Louie’s life. Later, Louie came onstage for a 30-40 minute interview. At 94 yearsold, Louie sounded more like a 50-yearold reciting dates, events and stories with precision. There were many veterans in attendance at the event and I have seen few other standing ovations that meant as much.

 Louie was proudly wearing his USC cap all night. Sportswriter Woody Woodburn tells me that Louie has been a regular at USC track and sports functions over the years. He still wears that darn USC cap everywhere he goes.

 The Future. My article has featured the present (with the La Reina team) and the past (with Louie Zamperini). So how about a little future?  That subject was covered recently by Stuart Forsyth, an attorney and legal futurist. Stuart was the former L.A. County Bar Association Executive Officer and has held many other legal positions. He joined our firm at a retreat to discuss the future practice of law. Some VCBA board members may recall that Stuart gave a presentation to the VCBA board in 2009 during Prez Tony Strauss’ year. 

Some food for thought. What will the practice of law be like in ten to 20 years?  What changes have occurred over the past ten to 20 years in the legal practice? A futurist doesn’t necessarily predict the future but makes you think about how to be  prepared for future expected and unexpected changes. The dominant eras in world history have commenced as follows: Agriculture (1880s), Industry (1920s), Services (1950s),

and Information (1976). According to futurist Graham Molitor, the coming eras will include Leisure Time (2015), Science (2100), New Atomic (2100), Megamaterial (2200), and New Space (2500). We won’t be around to see if he’s correct, but looking into the past and near future may help shape our decision making. The key seems to be that the “most adaptable” in any field will survive.  As to the law firm of the future, Stuart provided us with this quote from Tony Girling, Past President of England and Wales Bar Association:

“Law Firm of Future:
The computer is there to provide legal services.
The dog is there to keep the lawyer away from the computer.
The man is there to feed the dog.”

It’s A Small World After All. My October article featured Chief Justice William Waste, who was assigned State Bar Number “1,” In the article I also noted the bar numbers of Erle Stanley Gardner and H. Frank Orr (the grandfather of my law partner John Orr). Upon reading the article, John walked into my office and told me that his son Nick was a roommate at Thacher with William Waste’s grandson! (I don’t make up this stuff, I just write about it.)

So Long and Good Night. It has been an honor to serve as your VCBA President in 2011. My thanks to the VCBA Board and all our sections, affiliates and committees. I think we accomplished a lot and left the campsite in a little better condition than when we found it. My special thanks to the VCBA staff of Alice Duran, Alex Varela-Guerra, Celene Valenzuela, Verna Kagan and Steve Henderson for all their time, effort and support. We have lined up, in batting order, as future bar presidents: Dien Le (2012), Joel Mark (2013) and Laura Bartels (2014). So, I think we are in good hands.

Jury duty: I fulfilled my jury duty obligation last month. A full day of relaxation without interruption. Just like a vacation inHawaii.  So I’m sitting in the jury assembly room “just minding my own business” and the guy next to me asks “are you an attorney?” Normally I would create a new occupation (poet, typewriter repairman, etc.) just for fun, but as VCBA president I figured I should respond professionally with “yes.” My fellow juror immediately proceeded to tell me an “attorney joke.” Something about an attorney being at the bottom of the ocean and that being progress. So, I’m thinking to myself, this guy doesn’t know me but would like to see me at the bottom of the ocean. I sat elsewhere. Like I said, I was just minding my own business.

When I was President of my Rotary Club, I allowed attorney jokes as part of free speech but “fined” each joke teller $50 (which went to our club’s foundation). Actually, I’ve heard most of the jokes and they aren’t that funny. Some are clever and deserve a laugh. It’s part of our society to make fun of just about  everything. My only complaint is when continual jokes tend to perpetrate stereotypes (all attorneys are the same). Any time we classify one group of people with a broad stroke, I view it as a substitute for discrimination. The entire issue of attorney jokes deserves a full column (by someone else). Final comment on jury duty: The cafeteria is a nice place to “hang out” during jury duty. A lot of table space and chairs. Plus free lattes for all VCBA members serving on jury duty (yes, this is an attorney joke). 

More Attorneys Please. Speaking of our love for attorneys, the State Bar has some interesting attorney information on its website. As of October 8, there were 232,896 members of the California State Bar but only 172,443 (74%) are “Active.” “Inactive” members make up 47,880 (20%) of the total.  There are 2,075 listed as “judges” and 10,498 (4.5%) are “not eligible to practice.” The next time someone complains we have too many attorneys in Californiayou can now respond, “well, only 74% are active.” That should shut them up. See, statistics can be fun.

My Old School. Wonder which law school has produced the mostCalifornia attorneys? That honor goes to perennial powerhouse Hastings (7%), followed in order by Loyola (5.9%), UCLA (5.1%), Berkeley (4.7%), Southwestern (4.2%) and McGeorge (4.3%).  The highest percentage of attorneys produced by “out of state” law schools goes to Harvard (2.25%), followed by Michigan, Columbiaand NYU.  As to undergraduate schools, UCLA has produced the most Californialawyers  (8.65%), followed by Berkeley (7.6%), USC (3.0%), Stanford (2.9%), UCSB (2.9%) and UC Davis (2.3% – go Aggies).

Bar Exam Fun Days. If you recall the grueling three-day California bar as being rather difficult, you have a good memory.  The pass rate for the California Bar Exam has historically been between 35-55%. The California Bar Exam is generally regarded as the most difficult in the nation. California has the lowest pass rate in the nation, except for perhaps the District of Columbia. In 2010, D.C. had an overall pass rate of 41%, California was 49% and Nevada followed at 59%.  Looking for better odds? Then put up with freezing winters, humid summers and mosquitoes and move to the Midwest or other distant lands. The highest pass rates in 2010 went to South Dakota (94% pass rate), followed by Wisconsin (90%), Montana (89%), Maine (87%) and the great state of Iowa (87%). In the July 2010 South Dakota bar exam, only two souls failed and the other 65 passed. Nice odds.  The lowest pass rate for the California State Bar was the February 1983 bar exam when only 27.7% of takers passed. I think the main essay question in that exam concerned the footnotes to the tax code or the Bar Examiners were just in a really bad mood.

Other Presidential Proclamations:

Quote of the Month: We had the original form of this quote posted in my childhood home so I liked the variation: “Before you criticize someone you should walk a mile in their shoes. That way when youcriticize them you are a mile away and you have their shoes.” Wolfgang Riebe, 100 Quotations to Make You Think, NOOK Book, 2010.

Annual Dinner. The Annual Bar Dinner is on Saturday, November 19, at the Crowne Plaza Hotel in Ventura. You need to sign up or, under the new legislation just signed by Governor Brown, your bar license is automatically suspended (just seeing if you are still paying attention). Please mark your calendars and come support the VCBA and its Volunteer Legal Services Program. This year we honor Marc L. Charney with the Ben E. Nordman Public Service Award. Read about Marc’s long list of contributions to the community in the October CITATIONS. Very well deserved and congratulations to Marc. Past VCBA Presidents John H. Howard and Jonathan Fraser Light will be our VCBA/VLSP, Inc. Awards recipients. Please come join us.

An Evening with California Supreme Court Chief Justice Tani Cantil-Sakauye. You can get a chance to meet our new Chief Justice in Santa Barbara on Nov. 28, at Fess Parker’s Doubletree Resort, courtesy of the Santa Barbara County Bar Association. See the October CITATIONS flyer for information.

James Bond was assigned number 007 by Her Majesty’s Secret Service. This licensed him to kill, drink  martinis and drive Aston Martins. For the rest of us, we are assigned a State Bar number which gives us a license to practice law, drink Maalox and take Tylenol.  For me, after I was sworn in by Judge John Merrick, Municipal Court Judge, in Malibu in December, 1982, the California State Bar assigned me SBN 106925. I clerked for Judge Merrick while at Pepperdine Law School.

Bar numbers used to be buried in your wallet or desk. But now your bar number appears everywhere, including on every pleading filed. So in a world of privacy protection, this particular number is floating out there for the world to see.

Bar numbers were started in 1927 when the State Bar of California was created.  Before then, California had a voluntary bar association.

The honor of State Bar Number “1” went to William H. Waste, Chief Justice of the California Supreme Court (C.J. 21). By Oct. 1, 1927, there were 872 attorneys registered with the State Bar.

Justice Waste served as Chief Justice from 1926-1940 and seems to be deserving of the number 1 selection. He believed courts should be close to the people. A Supreme Court clerk once said that Justice Waste was “easier to talk to than half of the lawyers who came in the office.” Justice Waste could often be seen watering the lawn of his Spruce Street home at the end of the day and saying hello to those who walked by. Any justice who waters his own lawn and is easier to talk to than a lawyer is tops in my book.

Your Number: I was wondering how these bar numbers got assigned in any particular year. So I called the bar number expert, Dina DiLoreto, the Director of Administration in the State Bar’s Member Services Department.  In England she would be called the “Keeper of the Numbers.” Ms. DiLoreto turned out to be very knowledgeable and very helpful.   Here’s how the magic works: Bar numbers are assigned as the registration cards come floating through the door each day. Most numbers in a given year get issued in large batches after the February and July bar results. Others come in any given day of the year due to other reasons (a pushy out-of -state lawyer moving in on our territory, an applicant who foolishly delayed taking the professional responsibility exam, or general lack of interest). Ms. DiLoreto said you are “stuck” with your assigned bar number, even if its sequence makes you superstitious. No SBN mulligans.

Milestones: Some attorneys get easierto-remember numbers. State Bar number 100,000 was issued in 1981. That lucky number went to Jann Nakashima of Saratoga, California. I talked to Jann about this little milestone. Jann said when she first received her bar packet she thought the number was just some code reference. Then she started talking to her friends and found their numbers all falling around 100,000.

Jann gets the most comments about her SBN when she registers for bar events and is asked if the number is “real.” With the public’s love of attorneys, you would think Jann would be honored or recognized for this great moment in history. Apparently such honors are reserved for the 100,000th person to walk through the front door of a Walmart store. Jann says there have been no plaques, gift baskets or statewide proclamations.

Running along with the numbers, I note that bar number 200,000 was reached in 1998 and went to Joanna Grisinger of Clemson, South Carolina. We went from 1 to 100,000 in 54 years and from 100,000 to 200,000 in 17 years. As of August 31, Ms. DiLoreto said the bar number count had reached 277,546.

California has been adding about 6,900 attorneys on average per year for the last ten years. We’ll probably go from 200,000 to 300,000 in a span of about 15-16 years.  So, somewhere in a dimly lit cubicle now sits a college student filling out multiple law school applications, or a first year law student reading torts. To that student goes SBN 300,000, with all the rights, honors, privileges and gift baskets that go with it. The average age of the admitted attorney over the past few years is 30 years old.  Are you starting to feel old?

Famous SBNs: Some other interesting bar numbers: California Governor Edmund G. Brown, Jr. (SBN 37100 – admitted 1965); former Governor C. George Deukmejian, Jr. (SBN 26966 – admitted 1956); former Ventura attorney and Perry Mason author Erle Stanley Gardner (2892 – original practice admit date in 1911). Of interest, H. Frank Orr (long time law partner of Gardner and grandfather of Ventura attorney

John Orr) had SBN 2891, one number lower than Gardner.

Oldies but Goodies: Local honors for lowest state bar number goes to Eugene Radding, the oldest active attorney practicing in Ventura County. Eugene cruises in with SBN 21593. Eugene volunteers each week with the Ventura County Bar Association’s Pro Bono Program. Admitted in 1950, Eugene is still making a difference after 61 years in practice.

The double honor of “oldest attorney” and the “oldest active attorney” in California goes to 97 year old Victor Emil Kaplan of Los Angeles. Victor was admitted in 1938 with bar number 16424 and graduated from USC Law School. You can now stop complaining that you have been practicing too long.

So cherish your state bar number and get back to work. You only have half a century or multiple decades to go until you catch up with Eugene Radding or Victor Kaplan.

Other Presidential Proclamations

Annual Dinner. The Annual Bar Dinner is coming up on Saturday, November 19, at the Crowne Plaza Hotel in Ventura. Please mark your calendars and come support the VCBA and its Volunteer Legal Services Program. Formal invitations are mailed in October.

Barristers’ Mentor Program: Mentors Needed. The Barristers’ new Mentor Program kicked off with a Wine and Cheese Party on August 18 at Ferguson Case Orr Paterson. Barrister Mentor Chair Rennee Dehesa is stilling looking for more mentors. The time commitment is minimal and the rewards are great. Contact Rennee at rdehesa@nchc.com or (805)988-8324.

Mock Trial Attorney Coaches Needed. VCBA board member Joe O’Neill has been making great strides in getting Mock Trial coaches and teams lined up. More attorney coaches are still needed. Contact Joe at oxatty@earthlink.net or (805)988-6700.

On Jan. 3, California added its 28th Chief Justice of California when Tani Gorr Cantil- Sakauye assumed office. Her appointment caused me to review some of our higher court’s history, including C.J. number 1. That honor goes to Serranus Clinton Hastings, our first Chief Justice of California Supreme Court. Both justices have interesting backgrounds.

In 1837, Hastings moved to the wilds of present day Iowa and settled in the Mississippi River cities of Burlington and Muscatine. There, he practiced law and was appointed justice of the peace. When Iowa obtained statehood in 1846, Hastings was elected to the U.S. House of Representatives. He defeated Whig candidate G.C.R. Mitchell. Whigs and three-initial names were going out of style at that time, so the election was a sure thing. While in Congress, Hastings served with the likes of John Quincy Adams, Abraham Lincoln, Stephen Douglas and Andrew Johnson, none of whom really did much, as I recall.

Soon after Iowa organized its Supreme Court, in 1848, Hastings became its third Chief Justice. But, as they say, “it’s hard to keep a Chief Justice down on the farm,” so after about a year Hastings headed west to the coast. He settled in Benicia, which served as the California state capital at one time. Hastings must have made a good impression and had a good Facebook page because in 1849 he was almost immediately selected to be the first Chief Justice of California. Hastings then ran for and was elected Attorney General of California. He defeated Whig candidate William Fair (the second Whig to go down in defeat to Hastings, due in large part to the lack of a Whig political action committee at the time). Hastings served as Attorney General from 1852 to 1854.

S.C. then continued to practice law and earn some serious money. With a succession of endeavors in law, banking and real estate, Hastings’ wealth skyrocketed. By 1862, he was worth $900,000. He had seven children, traveled to Europe and kicked around a recent foolish land purchase called Alaska with some guy named William Seward.

After all these honors, it is interesting that Hastings’ most long lasting legacy came from his gift of $100,000 to the University of California Law Department in 1878. As any good old grad like Tom Hinkle, Ron Harrington, Bill Fairfield, Mike Case, Bill Hair, Bob Gallaway, Joel Mark or Bart Bleuel could tell you, Hastings College of Law now bears the first C.J.’s name. These relative value comparisons have a lot of variables, but Hastings’ $100,000 gift in 1878 is worth about $24 million today, using nominal GDP per capita, or $173 million today using relative share of GDP (I have no idea what those terms mean but I hear them mentioned often when my 401K drops in value).

Tani Cantil-Sakauye took a slightly different path to the Supreme Court. Born in Sacramento in 1959, Chief Justice Cantil-Sakauye was raised in Sacramento and attended Sacramento City College and later U.C. Davis, graduating in 1980. (I’m familiar with U.C. Davis since I’ve committed to pay them tens of thousands of dollars over the next four years for my oldest daughter.) Cantil-Sakauye then graduated from U.C. Davis School of Law in 1984. Like some law grads today, she was unable to find a job out of law school. So to obtain skills that would come in handy in legal battles, she became a blackjack dealer in Reno, Nevada.

Poker-faced lawyers would have no chance in her courtroom. She was actually turned down by the Sacramento County Public Defender’s Office because she was “too young.” Rather than waiting around to get “older,” Cantil-Sakauye became a Deputy District Attorney in Sacramento County. She then became a Deputy Legal Affairs Secretary to Governor George Deukmejian in 1988 and later Deputy Legislative Secretary.

Chief Justice Cantil-Sakauye was appointed to the Sacramento Municipal court by Governor Deukmejian in 1990 and the Sacramento Superior Court by Governor Wilson in 1997. In 2005, Governor Schwarzenegger appointed her as an Associate Justice of the California Third District Court of Appeal.

On Aug. 25, 2010, Governor Schwarzenegger nominated Cantil-Sakauye to succeed retiring Chief Justice Ronald George. The Commission on Judicial Evaluation rated Cantil-Sakauye as “exceptionally well qualified,” a “brilliant mind” with “exceptional objectivity” and an “extraordinarily hard worker.” I can’t get any of my partners to say even one of these things about me, although one mentioned that I was a “pain to work with.”

In the November 2010 general elections California voters retained Cantil-Sakauye to a 12-year-term. The election was notable in that no Whig candidate opposed her.

Chief Justice Cantil-Sakauye has been very active in the public appearance arena, having already visited numerous bar associations. Everyone who has met her seems to be very impressed. She will need all of her skills to maneuver through the wave of court budget slashing now coming our way like a tsunami.

VCBA President-Elect Dien Le is hoping to have Chief Justice Cantil-Sakauye as our guest speaker at the 2012 annual bar dinner. We will see if the scheduling works out next year. Meantime keep practicing the pronunciation of her name (which I think would be made much easier with the use of more initials).

So you are on the final question on Who Wants to Be a Millionaire and Meredith Vieira asks you, “What is the name of the first California Supreme Court case?” You have no idea but want the million. Time is running out, so you think statistically of the number of criminal cases filed and one of the most common surnames and blurt out The People v. Smith.  And of course, you are right. Good luck with the million. You will be lucky to have $50,000 left after taxes, long lost friends and relatives.

My article on book burning last month (Fahrenheit 451) led me to review the first volume of California Reports (1850-51) and the first case from the California Supreme Court, The People v. Smith, 1 Cal. 9 (1850). By now, you as the alert reader are asking, “Well, if People v. Smith starts on page 9, then what case is on pages 1-8?” Good question.

Actually, pages 1-8 are a preface which gives a pretty interesting discussion by then-Justice Nathaniel Bennett on the legal history of California leading up to the first California Supreme Court. You start to understand the problems encountered by that original court when you read about the melting pot of laws, codes and ordinances laid before them on opening day. California had been operating for decades under the codes of Spain, royal and vice-royal ordinances, laws of the imperial Congress of Mexico, presidential regulations and acts of proconsular governors. Throw in a few decrees from dictators and you have a really good bar exam question.

To add to this mix, some of the laws of Mexico were never printed or could not be obtained without great difficulty. Some laws were simply not enforced (sound familiar?). Land had never previously had much value and was often not worth the trouble of surveying or perfecting title under the laws of Spain and Mexico. A person’s wealth was measured in cattle and horses. Land was vast and expensive to maintain. This all changed with the California Gold Rush, when land and its precise boundaries were of great value.

Under Mexican law, legal matters were heard and decided by the Alcalde, who acted asa city mayor and judge. This system was left in place for a short time by California military governors until replaced in 1850.
The Alcaldes also made land grants, but title to this land was often in question. Justice Bennett noted that the Alcalde paid “little regard either to American or Mexican law further than suited their own convenience and conduced to their own profit.”

So this background sets the stage for the first case of People v. Smith. The defendants had been accused of shooting and killing several Indians in Napa Valley, burning their lodges and destroying wheat, barley and other property. The defendants petitioned to be discharged from custody of the Sheriff of the District of Sonoma under a writ of habeas corpus. First, the defendants claimed the affidavit for the warrant was defective. That argument failed. Their next argument was that they could be held indefinitely since the judges in the District Court of said District of Sonoma were not appointed. Clever, but that argument failed too.

The third argument was a little more creative for that time. They argued that the offense was not within the state of California. The Supreme Court noted that the offense was committed at the ranch of Henry Fowler and William Hargrave (which we all know is in Napa Valley) and of course Napa Valley is in the state of California.

The court faced a small problem since it recognized that “there is no jail or prison in which prisoners can be kept with security” in the then wine tasting-less and uncivilized Napa Valley. So the defendants were ordered to provide at least two good and sufficient sureties in the collective sum of ten thousand dollars, or separately one surety each of three thousand dollars (large sums then). The surety had to be worth double the amount of the claims. The defendants would then be released from detention. If not, they would
be remanded to the custody of the Sheriff of Sonoma (the same foregoing mentioned Sheriff without a jail).

So ends the first California Supreme Court case, which confirmed that Napa Valley was, thank goodness, part of California. The first reporter appointed by the Supreme Court for this case was Edward Norton (who as we all know went on to become a very successful movie star and can transform himself into the Incredible Hulk). For an interesting review of the same case and Ed Norton read Judge Dan McNearney’s The Seminal Case, 46-APR Orange County Law, 21 (2004).

For those curious readers, the second California Supreme Court case, 1 Cal. 15, offers a much better title. The case of Luther v. The Master and Owners of Ship Apollo actually sounds like a 2 a.m. sci-fi movie, but it’s just another shipping titan failing to pay a poor sailor $166.

Slaughter to the Rescue
Kudos to Bill Slaughter of Procter, Slaughter and Reagan. Bill’s intuition and keen sight helped to spot and rescue four hikers in Ojai during a March 2011 winter storm. The story, A Rescue to Remember, was featured in the June 25 edition of the Ventura County Star.

Upcoming Events
The VCBA Board will get a vacation from its monthly meetings in August, but we are still busy. Please review the CITATIONS calendar insert for daily events or check online at www.vcba.org.  Please mark your calendar for the Barristers Wine and Cheese gathering on Thursday, August 18. Also help support the VLSP program and say thanks to our retiring Judge David Long on Friday, Sept. 16 at 5:30 p.m. at the Tower Club. Check CITATIONS or the bar site for more details and registration.

We tore out three-quarters of our law library a few months ago. Rows and rows of once-precious hardbound case books and collections of treatises gave way to technology and the need for more office space.

The law library once represented the pride of a law office. Clients were regularly escorted through the halls and past these rows of books with remarks such as, “See, we are really smart and scholarly attorneys, look at all our books.”

Building a law library with the necessary collection of books was an expensive task. Either you had the books in your library, borrowed them from another practitioner or ran over to the Ventura County Law Library.

In the 1980’s, my firm came across an ad in the LA Daily Journal for the sale of the first series of the California Reports (the first volume being 1850-51) and first series California Appellate Reports. The Los Angeles attorney was closing up shop and going fishing. Back then these volumes were hard to come by and expensive. My legal skills were of such nominal value that the partners decided I should forget about billing for the afternoon and drive to Los Angeles to retrieve all of these volumes. So I headed to LA in my two-door 1975 Chevy Malibu.

The office of the soon to be retired LA attorney was right out of the Perry Mason days. His empty desk and marked-up desk pad showed that his career had come to an end. I transported load after load of books down the freight elevator until my Chevy Malibu was full. There was barely room to see out the back window. Upon my return to our Ventura office I was greeted like a returning hero as we unloaded the legal treasure and filled the shelves. These books were dusty leather-bound volumes. Now we find little need to open the covers.

There is something scholarly in turning the pages of these old volumes and having the books lay open all over your office. It’s just not the same clicking the screen and pulling up the case on the computer. I swear I can find what I need faster in looking at the bound volumes of Miller and Starr than searching the computer.

I cannot say I miss “shepardizing” cases the old way by looking at the collection of hardbound and soft-bound Shepard monthly and weekly updates.

Apparently you cannot sell or even give away many of these hard-bound legal books. I’m starting to see these law books pop up more frequently as background. They seem to be stuffed on shelves on many movies and television shows.

The electronic world has also affected law school libraries. Herb Cihak, Associate Dean of the Pepperdine Law School Library, tells me that the school’s law library is now divided approximately 50/50 between hard copy and electronic subscriptions. Apparently current students don’t like to use paper material and instead turn immediately to electronic works. Today more than 90 percent of the students have laptops during lectures. Dean Cihak noted that several professors were beginning to use live lecture response questions to assess student learning. Students answer multiple choice questions during lectures to gauge “if they are getting it.” So much for sleeping in the back row during the lecture on the rule against perpetuities.

There appears to be little chance of holding back the rushing tide. In July, 2010 Amazon. com announced that for the prior three months sales of books on its Kindle e-reader outnumbered sales of hardcover books. Some think that within the next decade fewer than 25 percent of books sold will be in print version.

As for me, I’ll stick with the stack of four or five half read books at my bedside. I swear I’ll get to them, right after this next Seinfeld re-run, which I’ve seen 25 times.

Another Law Day success

Our thanks to all the sponsors and runners who participated in the 28th Annual Law Day 5K on May 21. Around 300 runners and 500 people attended the event and helped raise money for our Volunteer Legal Services Program and the VCBA. First place went to world class distance runner Christian Hesch of Hollywood (formerly of Morro Bay) who came across the finish line at 14:31, followed closely by Isidore Herrera at 14:32. Top women honors went to Danielle Domenichel of Flagstaff, Arizona at 16:46, followed by past 5K champion Grace Padilla at 17:11.

Former VCBA President Matt Guasco (who had the prestigious honor of calling out the one mile split) reported that the lead runners came through the one mile mark at a blistering 4:37 pace.

Winners Hesch and Domenichel each took home $500 for their morning workout. Hesch even helped the race committee set up the registration table. We’ll welcome him back every year.

Ventura County Sheriff Geoff Dean was our official starter and Judge Dave Long again acted as our Master of Ceremonies. Captain Tim Hagel with Cops Running for Charity gave a nice donation to Big Brothers/Big Sisters during the awards ceremony. Judge Brian Back spoke on behalf of the Big Brothers/Big Sisters program. Our thanks to Lead Sponsor Lawyers Mutual and all our other Starting Line and Finish Line Sponsors as well as Race Patrons.

All sponsors and race times can be found at www.LawDay5K.com. Here are the 5K Race Committee members who did all the work: Cindi Adams, Steve Blum, John Cross, Alice Duran, Barb Gutierrez, Doug Kulper, Olivia Newton, Don Zrehigan, Joe Wells, Bret Anderson, Dave Redmond (Lead Bike) and Craig Bates – Telegenics (Official Race Photographer). We hope to see you at the race next year.

I love all things history. I’m likely to pull over to read any plaque posted on a building or rock (or tree, e.g. Old Sycamore Tree on Highway 126 and its reference to General Fremont).  This generates a collective groan from my wife and kids and the question of how long this adventure will take.  A lot of history was on display earlier this year when we visited my daughter Olivia at U.C. Davis. We decided to see the Gold Country and the state capitol building. This led us to Placerville, Coloma (Sutter’s Mill) and Auburn. The story of John Sutter and John Marshall provides a nice example of unexpected consequences and the fate of history.

Swiss immigrant John Sutter had big plans for a new colony called New Helvetia on the American River in California. For this he needed a fort. So Sutter hired carpenter James Marshall (a Jersey boy) in August of 1847 to build a sawmill in the foothills near present day Coloma. Marshall made good progress on the sawmill until one day, while inspecting the mill tailrace, he reached down and pulled up some gold nuggets from the American River (kind of like Uncle Jed finding some bubbling crude). Despite attempts at secrecy by Sutter and Marshall, this discovery lasted about four months. The world then descended on Sutter’s Mill. Sutter tried to charge an entry fee for those newcomers but that lasted a few minutes. With miners trampling over the land, Sutter and Marshall lost the sawmill, and Sutter’s dreams of a quiet west coast empire ended. The whole world showed up.

James Marshall started the gold rush but benefited very little from it. Miners followed him around like paparazzi hoping that he had mystic powers and could locate the next big gold find. Marshall found nothing. Eventually, the State of California awarded Sutter and Marshall monthly pensions as compensation. Marshall was awarded $200 a month in 1872. In 1874 Marshall’s pension was cut to $100 a month and then eliminated in 1876.

In Placerville, I walked into the local history museum and met the man who plays James Marshall as a docent at Sutter’s Mill. This allowed me to pump him for inside information on Sutter, Marshall, gold mining rights and the present location of any remaining gold. One of my first questions was what happened to Marshall’s pension. Well, as the story goes, Marshall was at the statehouse complaining to the legislature about the measly amount of his pension. When he stood up to leave a bottle of whiskey fell out of his pocket and smashed on the floor.

This was not well received by the legislators, who did not want their taxpayer money wasted on whiskey. So Marshall’s pension was reduced and then eliminated. Marshall ended up penniless and forced to live off of handouts, handyman jobs and the pennies he received for his signature. So the man that discovered gold in California lost the first real lottery.  Sutter fared little better. His high living and lifestyle did not help him. After selling much of his land and losing legal battles over mining rights and lost lands, he escaped to Pennsylvania, where he died in 1880.

For those interested, the odds of winning the California SuperLotto Plus Jackpot are 1 in 41 million. According to Frontline, even at 1 to 18 million odds, if one person purchases 50 Lotto tickets each week, they will win the jackpot about once every 5,000 years. Better odds can be found being dealt a royal flush on the opening hand in a poker game (1 in 649,739) or being hit by lighting (1 in 30,000).  Good luck.

Around the bar

I have been making the rounds of the bar’s 35 sections, committees and affiliates as the year progresses. Last month, among others, I attended the CITATIONS editorial board, the Barristers’ board and the Mexican American Bar Association (MABA). CITATIONS is always looking for timely and interesting articles (contact Wendy Lascher wlascher@fcoplaw.com).  The Barristers have plenty of events scheduled this year including the Bowling Night at Harley’s in Camarillo on July 19 (contact Barristers President Christina Stokholm (Christina@pachowicz.com) . Also, if you are interested in being involved in the new Barristers mentoring program please contact Rennee Dehesa (rdehesa@nchc.com).  MABA has some interesting programs and upcoming events and just completed a successful police chiefs’ reception (contact MABA President Rebeca Mendoza (rmendoza@ci.ventura.ca.us ). 

Finally, as required by VCBA bylaws, my short-form, medium-form and longform birth certificates are available to VCBA members in exchange for a sizeable contribution to the Volunteer Lawyer Services Program.

On May 21, we celebrate the 28th Anniversary of the Law Day 5K (www.lawday5k.com).  I’ve been there all 28 years as either a runner or race director. Here’s a little race history from my recollection and Steve Henderson’s historical research.  I came to Ventura in 1983 and remember Judge Fred Bysshe telling me about a “new” 5/10K race that was taking place that year. That was when I was in better shape and actually ran in the race. That year we had a big crowd of 150–200 runners and both a 5K and 10K race.

Genie Gable of Noon & Pratt Court Reporters conceived and organized the race that first year. Genie awarded large “revolving trophies.” The winner each year had their name engraved on the trophy and all trophies were returned and reused each year. A lot of runners like Rob Sawyer and Howard Asher took pride in winning back the trophy each year. We retired the trophies around 2000.

After the first year, Genie said the race was a lot of work and asked for help from the Ventura County Bar Association. Phil Moncharsh, Justice Steve Perren, Donna DePaola and I formed a committee in 1984 to help out.

In 1985, the race committee included Greg Totten, Phil Moncharsh, Donna DePaola, Robert Owens, Terry Ayala, Gigi Keller, Karen Kurta and Carol Shively. Later, Irene Abbey of Noon & Pratt (later Corpus Juris) became a key sponsor. Irene was a hard worker and valuable committee member and valuable committee member for many years. The Ventura County Legal Professionals Association and Ventura County Paralegal Association have provided race volunteers every year and have made a major contribution to the race.

For years, Greg Totten and I used to “chalk the course” the day before the race. Dave Cunningham, Doug Kulper and my daughters Olivia, Hannah and Marie performed this task for years as well. A police officer once pulled over and questioned me at length about marking up the sidewalks.  The race budget in 1988 was $1,319. That year, the race generated a profit of $168.18. We have done much better over the past ten years. Since 1998 the race has contributed more than $40,000 in proceeds to the VCBA’s Volunteer Legal Services Program. We hope to raise more in the future.

The most significant evolution the race has experienced is the corporate underwriting. In addition, in 1993 we added Race Patrons who paid $100 to have their names on the shirts and help increase revenue. Those original 11 are a who’s who in the Ventura legal community. Also, Lawyers’ Mutual, as the primary benefactor and lead race sponsor, generously donates $2,500 each year. Additionally, there are more than 30 other businesses and firms that provide either cash or in-kind services. We now have loads of raffle prizes and giveaways at the race. Take a look at our race flyer for all of the sponsors who make the race possible.

After 25 years, some things are predictable, but others occur simply as surprises and glitches. One year, despite the clear markings, five or so runners took a “big” wrong turn and ended up at the finish line ten minutes early. I was just thankful no one else was following them.

There have been freezing conditions, fog and rain. But usually we get those great sunny May mornings perfect for a run. We’ve had religious debates, too. For years the race was held on Saturday. In an effort to try to attract more runners, we moved to a Sunday in 1989. Several lawyers voiced their objections to a Sunday race. Several years ago we switched back to Saturday.

We’ve had pancake breakfasts and barbecues. We’ve had live bands (Old Country Trio Plus One) and a DJ (Big Ed). Yes, we have had some really fast runners. The 5K course record was set in 1987 by Jim Tripplett at a blistering time of 14:54 until Michael Chavez of Fullerton lowered it to 14:24 in 2010. Gary Tuttle and his wife Ruth have jumped in the race many years and usually push the pace.

Virtually all walks of life have participated in our event over the years. Judges, lawyers, police officers, legal secretaries, high school and college students, and the legal community. We promote countywide and now nationwide, but the vast majority of participants have a legal connection. It is still great to see entire families appear, run and have fun.   The race has always been a fun family event.

 Judges Back, Bysshe, Cloninger, Cody, Curtis, Kellegrew, Long, McGee, O’Neill, Reiser, Johnson, Lewis, and Hadden have crossed the finish line. Justices Stone, Perren, Yegan, and Judge Young have as well. I don’t really know if anyone has made all our races. I do know there are some automatics. Wendy Lascher, Bart Bleuel, Howard Asher, John Scoles, Joe O’Neill, Rob Sawyer, David Cunningham, Don Hurley, Mike O’Brien, David Praver, Joe Hadden, Dennis LaRochelle, Susan Siple, and Amy Albano.

Inside Track and Gary Tuttle, and Josh Spiker were with us for 25 years as the official timer and supporter of the race. In 2010 we switched to chip timing with SB Timing. Judge David Long has been acting as Master of Ceremonies for many years and has become a welcome race fixture in that role.  I would like to acknowledge the race committee members this year. They are: Cyndi Adams, Bret Anderson, Steve Blum, John Cross, Alice Duran, Barbara Gutierrez, Doug Kulper, Olivia Newton, Don Zrehigian, Joe Wells and Steve Henderson. Our lead cyclist is Dave Redmond. Our official race photographer is again Craig Bates of Telegenics. The starting official this year is Ventura County Sheriff Geoff Dean.

This year we will also feature and promote the many efforts of Cops Running for Charity (CRFC) and the Big Brothers Big Sisters of Ventura County at our event.  The 28th Annual Law Day 5K Race Walk is Saturday, May 21, beginning at 8:30 a.m. at the County Government Center. You can run or walk the 5K and join your kids for the one mile fun run which follows. This race has great raffle prizes, gifts and lots of good food. The very generous Ortiz family, owners of El Pescador Restaurants, will again be providing free breakfast burritos. Our race is considered by many to be one of the best in the County. We think it is the best in the County.

Registration materials are available at our website created and managed by Bret Anderson of our firm. The web address is www.lawday5k.com Our lead race sponsor is again Lawyers’ Mutual Insurance Company. You can see a list of all our sponsors on the race flyer, the website and our race day banners. We thank then all.

Registration flyers are also available in CITATIONS or by calling the bar office at 650-7599. Please come and join us for the 28th Annual Law Day 5K. See you at the starting line.

*Register NOW*