Mark A. Easter
Obtaining qualified applicants to replace current and projected vacancies on the superior court in Riverside County continues to be a challenge. Accordingly, I thought it might be helpful, to attorneys that are considering applying for a judicial position, to obtain the perspective of some recent appointees to our bench. I reached out to Superior Court Judges Sophia Choi, Mona Nemat, and Jerry Yang, each of whom were appointed in the last several years, to get their thoughts on the process and transition.
For Judge Choi, it was basically the adjustment to a new career, and "making sure I put in the work" to learn it. Judge Yang said it was the reality that even when not on the bench, you "still need to act like a judge." Judge Nemat put it this way: "[You] are always a judge before anything else. The vocation determines who you can be friends with, what you can or can't say, and what you can and can't do, even in your personal life."
Judge Nemat, who has spent a lot of her time on the bench working with youth in the county foster system, responded, "The ability to ensure a just result, case by case." For Judge Choi, it was her ability to still engage with the community, "especially when I am able to speak to large groups of jurors." Judge Yang appreciates the opportunity to develop "a skill to make significant decisions with often limited information." Judge Yang also expressed to me that he was pleased to see that jurors, for the most part, are attentive and work really hard to try and reach the right result.
Judge Yang, who was a federal prosecutor before he was appointed, indicated that transitioning from the Federal Rules of Evidence to the California Evidence Code was not difficult because they are similar. However, it was a challenge for him to get up to up to speed on State sentencing laws. Judge Nemat has had two assignments since taking the bench: juvenile dependency and domestic violence restraining orders. Both of these assignments were "out of her wheelhouse," since the vast majority of her practice as an attorney was civil and litigation. Judge Nemat said she benefitted not only from online resources and trainings, but most importantly, from great judicial colleagues who went out of their way to help her. Judge Choi responded that although in her 18 years as an attorney, she practiced in criminal, appellate, civil and juvenile dependency, her current assignment is in family law. She read a lot of materials to become familiar with family law.
For Judge Yang, it was about temperament: "Be aware of how you are conducting yourself" towards attorneys and judges, and don't "get carried away with trying to win every argument at all costs." Judge Nemat identified three things: 1) Get the perspective of what it is like to be a judge by serving as a pro tem judge. 2) Understand that there are "a lot of limitations imposed on bench officers and it can be very isolating." 3) "Get yourself known" by people, and "do good things for your community." In addition to all of the above, Judge Choi encouraged seeking a mentor, because as she said "Mentorship is the key to success."
For those of you who are considering applying for a judicial position, hopefully the above insights from these three judges are helpful. I would add that based on my experience on RCBA's Judicial Evaluation Committee, your reputation and interactions with opposing counsel and judges matters, and your involvement in the community and ‘well-roundedness" is also considered. And I would echo Judge Choi's emphasis on mentorship. If you have a good working relationship with one of our judges, seek out their guidance. He or she will more than likely be happy to give you advice on the process and might even assist you with the written application, which is lengthy.
I also wanted to let our members know that three lawyers—Greg Wilkinson, Steven Becker, and James Seff—each of whom have decades of experience dealing with the state's courts and the federal courts, (including the United States Supreme Court), have notified the federal court that they are organizing a public meeting in front of the George E. Brown Federal Building and United States Courthouse on March 12, 2025, between 11:30 a.m and 1:30 p.m.
The purpose of the public meeting is to show support for our federal judges, assistant U.S. attorneys, and FBI investigators. These experienced attorneys are concerned that efforts are currently underway in Washington D.C. to undermine and intimidate those who pursue, apply and enforce the Rule of Law, and jeopardize the preservation of our Republic. The intention is that this meeting will be orderly and respectful. Accordingly, if you share the concerns expressed by these attorneys, please consider attending the public meeting on March 12th.
Well, we've made it to March, which means that SPRING is near! Our next General Membership meeting will be on Friday, March 14th, and will feature a panel discussion on the Riverside County Superior Court mediation program.
Mark A. Easter is the president of the RCBA, a partner at Best Best & Krieger LLC, and has been residing and practicing law in Riverside since 1989.