Across the Bar

Across the Bar is a publication of the San Joaquin County Bar Association, providing local legal news, educational content, and information about Bar Association events.

Under Oath: Sean Geddes

Geddes-Sean-J
"I actually wake up thinking, 'How am I going to make a difference today?' It's wonderful that I can do that." Sean Geddes and I met down town and began discussing the challenges of his work in juvenile court. Q. What is your idea of perfect happiness? A. " I guess it would be… a family, a dog that behaves and seeing more people do good deeds and t...
Continue reading
21 Hits
0 Comments

A Judge's Journey to Cuba

Cuba-1
On December 3, 2016, I flew with forty other judges, commissioners and their guests from Miami to Havana, Cuba for a weeklong stay in this beautiful and complicated island nation. Their former prime minister, Fidel Alejandro Castro Ruz, had passed away on November 25, 2016 and the nation was officially in mourning. As we set out to our hotel from t...
Continue reading
21 Hits
0 Comments

New Laws Affecting Civil Litigation Practice

news
Changes to the laws affecting civil litigation practice or procedure going into effect in 2017 appear in general to be less sweeping and of less significance than in recent years. The most significant changes for most local civil litigators may be the recent changes to local policy concerning the civil clerk's drop box and the hearing of discovery ...
Continue reading
27 Hits
0 Comments

A Call to Action: Threats to Judicial Independence Place Judicial Fairness and Impartiality at Risk

scales
The United States Constitution and California Constitution establish three separate-but-equal branches of government, which make up America's democracy. The legislative branch makes laws, the executive branch enforces the law, and the judicial branch interprets the law. The point of creating three separate-but-equal branches is a separation of powe...
Continue reading
64 Hits
0 Comments

California Bar Proposes to Ban Sex with Clients

caged-heart
Lawyers in California may face disciplinary measures for having sex with their clients if a new revision to the State Bar's ethics rules passes. California lawyers are split over these proposed revisions. Those supporting the blanket ban said that any sexual contact between an attorney and a client is potentially coercive due to the inherently uneq...
Continue reading
28 Hits
0 Comments

The Honorable Judge Franklin Stephenson Scholarship 2016 Recipient, Penni McConnell

The Honorable Judge Franklin Stephenson Scholarship 2016 Recipient, Penni McConnell
In 2016, the Young Lawyers Section of the San Joaquin County Bar Association created The Honorable Judge Franklin Stephenson Scholarship to honor the late Judge Franklin Stevenson, a longtime San Joaquin Superior Court judge and popular adjunct professor at Humphreys College Laurence Drivon School of Law. In creating this scholarship, the goal was ...
Continue reading
258 Hits
0 Comments

Under Oath: Lisa Blanco Jimenez

Under Oath: Lisa Blanco Jimenez
"Though she be but little, she is fierce." Q. What is your idea of perfect happiness? A. She put her drink down and shook her head." I knew I should have prepared!" she laughed. "Well, I would say that 'most happy' is when it's me, [husband] Tony, and the three kids just enjoying each other. Nothing fancy. Whether we are all lying in bed watching v...
Continue reading
207 Hits
0 Comments

Proposition 64: What Every Lawyer Needs to Know About the Adult Use of Marijuana Act

Proposition 64: What Every Lawyer Needs to Know About the Adult Use of Marijuana Act
The passage of California's Proposition 64, also known as the Adult Use of Marijuana Act or "AUMA," legalizing the adult recreational use of marijuana under California law makes this state the most populous state in the nation to do so. It comes six years after California voters narrowly rejected a similar measure, and it expands on Proposition 215...
Continue reading
501 Hits
0 Comments

President-Elect’s Message

President-Elect’s Message
"Time is your most precious gift because you only have a set amount of it. You can make more money, but you can't make more time. When you give someone your time, you are giving them a portion of your life that you'll never get back. Your time is your life. That is why the greatest gift you can give someone is your time. It is not enough to just sa...
Continue reading
173 Hits
0 Comments

Stockton’s Measure “P” Medical Marijuana Dispensaries & Cultivation Ordinance

Stockton’s Measure “P” Medical Marijuana Dispensaries & Cultivation Ordinance
Measure P, Stockton's newly enacted cannabis ordinance, was borne out of a privately-funded local ballot initiative supported by a signature gathering campaign which garnered the signatures of 12,000 Stocktonians open to the prospect of two additional cannabis dispensary storefronts and four legally-permitted indoor cultivation facilities in the Ci...
Continue reading
343 Hits
0 Comments

Legal Education and the Legal Profession in China: An Interview with Professor Su Xinjian

Legal Education and the Legal Profession in China: An Interview with Professor Su Xinjian
Su Xinjian is a professor and an associate dean at Zhejiang Gongshang University School of Law in Hangzhou, China. He began his teaching career in 2006 after earning a Ph.D. in constitutional and administrative law. In 2011 he entered the LL.M. program at the University of the Pacific McGeorge School of Law in Sacramento and in May 2012 he was awar...
Continue reading
246 Hits
0 Comments

An Interview with 2016 Law Day Award Winner John Harris

An Interview with 2016 Law Day Award Winner John Harris
"I told you, Hemmingway stressed simplicity." That is what John Harris, the 2016 Law Day Award recipient, explained when discussing this article. Ever so humble, he was not quite sure why people would want to hear more about him after having celebrating his Law Day Award. It was evident from the size of the crowd that attended the presentation of h...
Continue reading
165 Hits
0 Comments

California Criminal Law after the 2016 Election

California Criminal Law after the 2016 Election
Among other items of interest in the dramatic 2016 election, three ballot measures passed that will significantly affect the way we do business in California criminal courts. Proposition 57 made significant changes to parole eligibility and juvenile cases handled in adult court. Proposition 64 significantly changes the way marijuana is treated in t...
Continue reading
446 Hits
0 Comments

Erin Guy Castillo Awarded the 2016 Athena Young Professional Leadership Award

Erin Guy Castillo Awarded the 2016 Athena Young Professional Leadership Award
On November 17, 2016 the Greater Stockton Chamber of Commerce presented its annual Athena awards at a luncheon held at the Stockton Golf and Country Club. This was the Chamber's thirtieth year handing out the awards, which recognize and honor outstanding business and professional women for their excellence. This year's honorees were Carol J. Ornela...
Continue reading
119 Hits
0 Comments

Summary of 76th Annual SJCBA Meeting

Summary of 76th Annual SJCBA Meeting
The 2017 Board of Governors Executive Committee: James M. Morris, past president; Michael R. Norton, president-elect; Erin Guy Castillo, president; Heather Rubino,  secretary;  and Nelson Bahler, treasurer. The San Joaquin County Bar Association met on November 2 at the Stockton Hilton for its 76th annual meeting. James M. Morris, the 201...
Continue reading
110 Hits
0 Comments

Five Graduate from Veterans Treatment Court

Five Graduate from Veterans Treatment Court
On a usual Monday, the calendar of the Honorable Barbara A. Kronlund will be smattered with the settlement conferences and status hearings typical of a civil judge. October 3, 2016, however, was different. That morning, a small crowd of gathered in her courtroom to await her rulings in five proceedings falling under section 1170.9 of the Penal Code...
Continue reading
112 Hits
0 Comments

Under Oath: Stephen Rosenbaum

Under Oath: Stephen Rosenbaum
​ Stephen Rosenbaum, J.D., M.P.P. is the new Directing Attorney for California Rural Legal Assistance (CRLA) office in Stockton. Before joining CRLA, Stephen taught courses in social justice, civil rights litigation, and mental health law and policy at his alma mater, the University of California, Berkeley's Boalt School of Law. Stephen has had app...
Continue reading
510 Hits
0 Comments

Civil Judges' Panel Brown Bag

Civil Judges' Panel Brown Bag
​Those who missed the Civil Litigation Civil Judges' Panel Brown Bag in Department 13, on June 28, 2016 should mark their calendars to attend the next one. The title of the event might sound boring, but perhaps it should have read, "everything you wanted to know about judges' decisions but were afraid to ask." The Civil Litigation Section and the c...
Continue reading
379 Hits
0 Comments

San Joaquin County's Veterans Treatment Court

San Joaquin County's Veterans Treatment Court
San Joaquin County opened its doors to its newly-minted Veterans Treatment Court on February 2, 2015, becoming one of approximately 200 such courts across the United States. Since that time, the Court has had three veterans graduate, one of whom is now a successful law student, and another who is now a valued, salaried employee of the Veterans Admi...
Continue reading
375 Hits
0 Comments

Business Methods Patents: Still Searching for a Simple Test

Business Methods Patents: Still Searching for a Simple Test
Ever since the 1998 decision of the Federal Circuit in State Street Bank , 1 the question of whether business methods and related software are eligible for patent protection has bedeviled the courts. Although the United States Patent Office has granted thousands of patents in the field since then and the courts have issued numerous decisions on the...
Continue reading
373 Hits
0 Comments

Why I Mentor

"We make a living by what we get, we make a life by what we give." – Winston Churchill Why don't more experienced lawyers volunteer to mentor young attorneys? The San Joaquin County Bar Association has an excellent program, as does the Consuelo M. Callahan American Inn of Court. You don't need a formal organization if the mentor and protégé have fo...
Continue reading
393 Hits
0 Comments

Be Mentored

Be Mentored
It's hard out there for a new lawyer. It takes approximately one day to realize that, while law school taught you to pass the Bar Exam, you know nothing about how to actually practice law, how to work with a secretary, how to dress for Court, how to interact with clients, how to…. Nope, let's not go down the rabbit hole. We all know what I'm talkin...
Continue reading
345 Hits
0 Comments

Apply Now: The Invaluable Benefits of the Bar's Mentorship Program

Apply Now: The Invaluable Benefits of the Bar's Mentorship Program
In 2012, the San Joaquin County Bar Association established a mentorship program. The program's purpose is to elevate the competence, professionalism, and success of the local Bar through engagement with each other. Mentoring is a two-way street: it allows the experienced attorney to provide professional guidance and share practical knowledge, and ...
Continue reading
339 Hits
0 Comments

President's Message

President's Message
"Why can't they be like we were, perfect in every way?" --Bye Bye Birdie (1960) Lawyers should write like Ernest Hemingway.  Pick up one of his books; open to a page at random; choose any paragraph; read it. See for yourself:  "We packed the lunch and two bottles of wine in  the rucksack, and Bill put it on. I carried the rodcase and...
Continue reading
370 Hits
0 Comments

How to do Marketing, without Doing Marketing

How to do Marketing, without Doing Marketing
​ T he problem of regulations As a Digital Marketing manager, I deal with clients every day in professions that are heavily regulated. Accountants, investment advisors, medical professionals, and attorneys are a few of the businesses which must be very careful to ensure that their marketing campaigns conform to the rules. Unfortunately, rather than...
Continue reading
501 Hits
0 Comments

We’re All Going to Die (and Other Happy Thoughts of an Estate Planner Turning 50)

We’re All Going to Die (and Other Happy Thoughts of an Estate Planner Turning 50)
​ Used with permission from the April 2016 Tennessee Bar Journal, a publication of the Tennessee Bar Association First you forget names; then you forget faces; then you forget to zip up your fly; and then you forget to unzip your fly. — Attributed to Branch Rickey Death is the destiny of everyone; the living should take this to heart. — Eccles...
Continue reading
631 Hits
0 Comments

Under Oath: Archie Bakerink

Under Oath: Archie Bakerink
Gail Archer Bakerink ("Archie" to friends and colleagues) and I met at Yasoo Yani after his morning court calendar in the collaborative courts program. After catching up and congratulating him on his recent nomination to the Laurence Drivon School of Law Hall of Fame, we began the questions. Q. What is your idea of perfect happiness? A. "Atten...
Continue reading
586 Hits
1 Comment

Title Review Basics for Litigators

Title Review Basics for Litigators
For most real property transactions, at least one party will care about the status of the title to be conveyed or affected and will want a detailed review of the title's current status and advice about what title insurance policy will be appropriate to protect their interests. Attorneys assist with this work by examining recorded liens and eas...
Continue reading
589 Hits
0 Comments

MCLE Self Study: Servicemembers Civil Relief Act and the Family Court: The Basics

MCLE Self Study: Servicemembers Civil Relief Act and the Family Court: The Basics
​This activity has been approved for Minimum Continuing Legal Education self-study credit by the State Bar of California in the amount of one (1) hour of General Credit for Attorneys and Paralegal Staff. The San Joaquin County Bar Association certifies that these activities conform to the standards for approved education activities prescribed by th...
Continue reading
653 Hits
0 Comments

President’s Message

President’s Message
Relevance.  A word that Merriam-Webster defines as "relation to the matter at hand; practical and especially social applicability; pertinence; the ability (as of an information retrieval system) to retrieve material that satisfies the needs of the user." What are we to make of the word? How shall we apply it in the context of the San Joaq...
Continue reading
487 Hits
1 Comment

SJCBA Membership and Guests Gather on Law Day 2016 to Honor John Harris

SJCBA Membership and Guests Gather on Law Day 2016 to Honor John Harris
The membership of the San Joaquin County Bar Association convened at noon on April 26, 2016 at the annual Law Day Luncheon to bestow the 2016 Law Day Award upon John Harris. A near-capacity crowd, including many of Mr. Harris' friends and family, enjoyed the beautiful spring sunshine that flooded into the large banquet room at the Stockton Gol...
Continue reading
421 Hits
0 Comments

San Joaquin County Homeless Veteran Resource Faire: 2016 “Stand Down”

San Joaquin County Homeless Veteran Resource Faire: 2016 “Stand Down”
​ San Joaquin County's Homeless Veteran Stand Down—a biannual "benefit faire" for homeless veterans—was last held on September 26, 2014. The military term "Stand Down" stands for a grass-roots, community-based intervention program designed to help homeless veterans "combat" life on the streets. Like the first four events before it, the la...
Continue reading
906 Hits
2 Comments

Andy Pinasco Joins Neumiller & Beardslee

Andy Pinasco Joins Neumiller & Beardslee
The Stockton law firm of Neumiller & Beardslee is pleased to announce the addition of Andy J. Pinasco as an associate attorney of the firm. Mr. Pinasco's areas of practice will concentrate in public works construction, employment, labor, and public agency law. Mr. Pinasco joined the firm in 2016 upon earning his Juris Doctor with Distincti...
Continue reading
363 Hits
0 Comments

New Laws and Rules for 2016

New Laws and Rules for 2016
N umerous changes in California statutes, statewide rules of court, and local court rules have recently gone into effect or soon will. This article summarizes several (but by no means all) of the changes likely to affect civil practitioners in San Joaquin County. Statewide Laws and Rules 1.  Demurrers .  Prior to filing a demurrer, t...
Continue reading
1202 Hits
0 Comments

Under Oath: Gene Eacret

Under Oath: Gene Eacret
G ene and I met shortly after his morning calendar. He came prepared; had read the previous interviews and was ready to fire with his answers. Q. What is your idea of perfect happiness? A. "What do you call it when you are out in the sticks? A rural, remote location with a rocking chair, fishing pole and a glass of wine. Now this pla...
Continue reading
843 Hits
1 Comment

W-INN-ing!: SJC Callahan Inn of Court Celebrates its Tenth Anniversary

W-INN-ing!: SJC Callahan Inn of Court Celebrates
its Tenth Anniversary
I n September 2015, the Consuelo M. Callahan Inn of Court kicked off its tenth year as it traditionally does: by bringing in a respected member of the legal community to Humphreys College Drivon School of Law to share his or her insights with the group. That night's guest, Judge Alex Kozinski of the Ninth Circuit Court of Appeals, captivated t...
Continue reading
757 Hits
0 Comments

New Courthouse Progress

New Courthouse Progress
A s you can see, work continues on our new Stockton Courthouse. The exterior is nearly complete. In fact, the building is now approximately 72% complete. The project continues to be on schedule with substantial completion expected by mid-November 2016. Judge Appel and I continue meeting with our architects and furniture vendor, UCF.&...
Continue reading
1161 Hits
0 Comments

2015 Outstanding New Lawyer, Zoey Merrill

2015 Outstanding New Lawyer, Zoey Merrill
​ I f Zoey Merrill one day runs for elected office, she will have a difficult choice to make: what title should she use to describe herself? Enterpreneur? Law professor? Local celebrity? World-traveling adventurer? Former vegetarian?Perhaps she will choose the title recently bestowed upon her by the San Joaquin County Bar A...
Continue reading
1172 Hits
0 Comments

New Lawyers Reception

New Lawyers Reception
February 2, 2016 at the Bank of Stockton Headquarters T he Bank of Stockton hosted a reception on February 2 honoring the newest members of the San Joaquin County legal profession. Attorneys who passed the California State Bar Exam gathered with more than 125 family members, veteran lawyers and judges at the Bank of Stockton headquarters on Miner A...
Continue reading
840 Hits
0 Comments

Managing a Data Intensive Case: How to Find a Needle Without Drowning in a Haystack

Managing a Data Intensive Case: How to Find a
Needle Without Drowning in a Haystack
Introduction T he practice of law continues to change, albeit slowly. Nowhere does this change impact the legal field more profoundly than the volume of data created by clients, lawyers, courts, and the public. Society has gone well beyond being "data rich" to being "data swamped." Computers, phones, cars, even household appliances g...
Continue reading
755 Hits
0 Comments

U.S. v. Texas - The future of President Obama's Immigration Executive Orders after Justice Scalia's Passing

U.S. v. Texas - The future of President Obama's
Immigration Executive Orders after Justice
Scalia's Passing
U nited States Supreme Court Justice Antonin Gregory Scalia passed away on February 13, 2016. Responsible for the rebirth of originalism, Justice Scalia was highly intellectual, fiercely conservative, and sometimes combative in the language of his dissenting opinions. His passing leaves a large void on the "conservative side" of the Court...
Continue reading
2572 Hits
0 Comments

Does the First Amendment Guarantee the Right to Register Disparaging Trademarks?

Does the First Amendment Guarantee the Right
to Register Disparaging Trademarks?
C an the government refuse to grant its blessing—and the economic benefits that go along with it—to trademarks that disparage individuals or groups? By overruling its own long-standing precedents, the Federal Circuit may have made this issue ripe for determination by the Supreme Court and may have indirectly saved the trademarks of the Washing...
Continue reading
580 Hits
0 Comments

California's New Estate Planning Tool: The Revocable Transfer on Death (TOD) Deed

California's New Estate Planning Tool: 
The Revocable Transfer on Death (TOD) Deed
Estate planning attorneys likely have encountered the following scenario: a single client contacts you to set up an estate plan. He wants to ensure that his main asset—his personal residence—will pass to his children upon death without the need for a costly and time-consuming probate proceeding, but he does not want to spend a lot of money. As his ...
Continue reading
2503 Hits
0 Comments

The Young Lawyers Section's "Top Ten Reasons to Date/Marry an Attorney"

The Young Lawyers Section's "Top Ten Reasons to Date/Marry an Attorney"
10. They will always be in great physical shape from all the ambulance chasing. 9. Who doesn't love seeing their man/woman dressed in a suit every day? 8. The alluring prestige of being married to/dating the most hated professional in the entire world. 7. When it comes to student loan debt, sharing is caring. 6. You'll never start an argument with ...
Continue reading
893 Hits
0 Comments

New Requirements for Demurrers Effective January 1, 2016

Beginning January 1, 2016, parties will be required to meet and confer prior to filing a demurrer due to the recent passing of Senate Bill 383. The bill enacts a new section of the Code of Civil Procedure, section 430.41, and amends section 472. The main feature of the new law is a requirement that, at least five (5) days before a responsive pleadi...
Continue reading
1410 Hits
0 Comments

2015 Law Day Award Recipient Helen Ellis

2015 Law Day Award Recipient Helen Ellis
Helen Ellis is the 2015 recipient of the prestigious Law Day Award. She has worked for San Joaquin County, providing services for those who struggle with substance abuse, for over forty years and is the first and current manager of the San Joaquin County Collaborative Courts, established in 2006. When Helen came to work for the courts, there was on...
Continue reading
736 Hits
0 Comments

Under Oath: Armando Villapudua

Under Oath: Armando Villapudua
Armando and I decided to meet at Casa Flores following his afternoon hearing. After he mistook an innocent bystander as his afternoon host, I introduced myself and we dove into the interview. Q. What is your idea of perfect happiness? A. "A day with my wife and kids on the beach. We LOVE the beach. We went to Biarritz [France] this summer, but we t...
Continue reading
904 Hits
1 Comment

Three Things Every Attorney Needs to be Doing Online

Three Things Every Attorney Needs to be 
Doing Online
Once upon a time, if you wanted to market your law firm, you put an ad in the yellow pages, maybe bought a few billboards, and waited for the phone to ring. Things are different today; consumers find their information online and unless you're running a well-established firm with no need for new clients (or keeping your existing ones), you need to m...
Continue reading
753 Hits
0 Comments

SJC Court Reporters to Provide All Attorney Transcripts Electronically - Email Addresses Needed

San Joaquin County's official court reporters have partnered with YesLaw Online http://www.yeslaw.net/ to upload their transcripts to YesLaw Online's secure transcript depository. Beginning February 1, 2016, attorneys will be notified by the reporter via email that their transcripts have been uploaded and are available for download. The attorney, o...
Continue reading
4090 Hits
0 Comments

Welcome Elizabeth Kim

Welcome Elizabeth Kim
​The Stockton law firm of Neumiller & Beardslee is pleased to announce the addition of Elizabeth Kim as an associate attorney.  Her areas of practice include estate planning, conservatorships, guardianships, probate and trust litigation, federal and state taxation law, income tax audit defense, and tax collection matters and resolution. In...
Continue reading
714 Hits
0 Comments

Advertise on Across the Bar

Interested in advertising your business in the print version of Across the Bar? Download our Rate Sheet for more information.

Download

Find an Attorney now

Ready to get a Lawyer to assist with your legal issue? Fill out our referral request form and we'll match you with a qualified attorney who specializes in the area of law that you need assistance with.

Lawer Referral Request Form