Candidate for
Judge of the Superior Court; County of Riverside; Office 9

JUDICIAL EXPERIENCE:

Judge of the Superior Court, Riverside County, California. September, 2003 to present.

I took the oath of office as a Judge of the Superior Court on September 8, 2003, and was elected to a full term in 2006. As a judge, I have served in the following assignments:

• Civil and probate trials in the Historic Courthouse in Riverside, February 2011 to present.
• Habeas corpus panel, January 2009 to present.
• Criminal trials (both felonies and misdemeanors) in the Hall of Justice in Riverside, August 2007 through February 2011.
• Criminal trials, civil trials, and civil motions, Historic Courthouse in Riverside, July 2005 through July 2007.
• Appellate panel (civil, criminal, and traffic appeals), January 2005 through June 2006.
• Drug court (arraignments, preliminary hearings, and settlement conferences regarding drug offenses) in the Southwest Justice Center in Murrieta, May 2004 through June 2005.
• Criminal trials (both felonies and misdemeanors) in the Southwest Justice Center, Murrieta, October 2003 to May 2004.

My administrative responsibilities include chairing the Temporary Judges Committee since 2006. Previously, I have chaired the Civil Law Advisory Committee (2006-2007) and served on the Court's Executive Committee (2006-2007).

PUBLIC PRACTICE OF LAW:

Senior Appellate Court Attorney, California Court of Appeal, Fourth District, Division Two, Riverside, California. June, 1990, to September, 2003.

As an attorney for a justice of the court, I researched and drafted proposed majority, concurring, and dissenting opinions for the consideration of the authoring justice concerning civil, criminal, juvenile, probate, and family law appeals. From February of 1991 to September of 2003, I wrote for Associate Justice Art W. McKinster. From June of 1990 through January of 1991, I wrote for the Hon. Thomas E. Hollenhorst. Those justices filed over 400 opinions that were based upon my analysis.

PRIVATE PRACTICE OF LAW:

Associate, law firm of Dye, Thomas, Luebs & Mort, Riverside, California. February, 1985, to June, 1990.

While with this firm (now Burke, Williams & Sorensen, LLP), I was the most senior of its nine associates. My practice there emphasized civil litigation. I was recognized within the office as a resource on pre-trial procedure, and was routinely called upon to advise other attorneys in important law and motion proceedings. In addition to trying various cases before the superior court, I briefed and argued numerous appeals.

Partner, law firm of Babcock & Cappelli, Riverside, California. October, 1982, to January, 1985.

In October of 1982, I joined with three other attorneys to form the firm of Babcock & Cappelli. My practice there concentrated on real property and commercial litigation, in the course of which I conducted trials in the municipal, superior and U.S. Bankruptcy Courts, as well as arguing appeals before both the Court of Appeal and the appellate division of the superior court. In addition, I was the managing partner of the firm, supervising such matters as billing, collection of accounts, purchasing, relocation of the firm's offices, and interviewing, hiring and firing clerical and professional staff.

Associate, law firm of Swarner & Fitzgerald, Riverside, California. September, 1980, to October, 1982.

I was employed as a law clerk with Swarner & Fitzgerald in September of 1980. After my admission to the bar in December of that year, I became an associate, and engaged in a general civil litigation practice.

PROFESSIONAL LEADERSHIP:

I have been a member of the California Judges Association since 2003, and am currently serving on its board of directors as an elected representative of the judges in Riverside, San Bernardino, and Orange Counties. I was a member of its Criminal Law & Procedure Committee from 2009 through 2011.

Since 2009, I have regularly volunteered my time to preside over the Riverside Youth Court, a diversion program in which juveniles who have confessed to committing minor criminal offenses are sentenced by their peers.

I am a charter member of the Leo A. Deegan Inn of Court, Riverside's chapter of the American Inns of Court, and most recently served as a judicial master. I previously participated as an attorney master during 2002-2003 and as a barrister during 1992-1995.

I judged the moot court course at the University of California, Riverside, in 1992 and 1996, and presided over a college mock trial competition in 2006. I also presided over the California mock trial statewide competition in 2005, 2008, and 2011, and over the Riverside County competitions in 2004 through 2012. As a scoring attorney, I evaluated the annual Riverside County mock trial competitions in 1990 through 1993, 1997, and 2000 through 2003, and the statewide competitions in 1999, 2001, and 2003.

During 2003, I served on the Board of Directors of the Conference of Delegates of California Bar Associations, the independent entity that is the successor to Conference of Delegates of the State Bar of California, and that is now known as the Conference of California Bar Associations. In 2002, I chaired the Conference's Resolutions Committee, a committee on which I had served since 1997, including terms as vice-chair (2000 & 2001) and subcommittee chair (1998 & 1999). In addition, I represented the Riverside County Bar Association at the 1989 and 1995 through 2002 Conferences. Resolutions that I had proposed were adopted by the Conference in 1990, 1994, 1997, 2000, and 2001.

I have actively participated in the Riverside County Bar Association throughout my professional career. I served on the association's board of directors for six years, most recently as the RCBA's immediate past president in 2002. I also served as its president in 2001, president-elect in 2000, vice-president in 1999, secretary in 1997, and a director-at-large in 1996. In addition, I chaired the RCBA's Krieger Meritorious Service Award Committee (2004), its Judicial Liaison Committee (1992-2000, 2002-2003), its Nominating Committee (2000), its ad hoc committee on bylaw revision (1995), its Legislative Committee (1991), and its Civil Litigation Section (1989-1990). My other RCBA committee service includes its Publications Committee (2001-2003), its Nominating Committee (2001 & 2003), its ad hoc committee on elections (1997), its Judicial Evaluation Committee (1991-1995, 2001), Bar Bulletin Committee (1995), Membership Committee (1992-1993, 1997), Fee Arbitration Committee (1985-1986, 1988), and Law Library Committee (1985), and on the Board of Directors of the Lawyer Referral Service (1988-1989). The Riverside County Barristers elected me their treasurer in 1982.

I was an active member of the RCBA's Continuing Education Committee for over ten years. For instance, from 1989 through 1992, I was either the chair or co-chair of the annual three-day RCBA Civil Litigation Conferences at Lake Arrowhead. I organized day-long conferences on civil appellate practice in 1991 and 1993, with a combined attendance of over 170 attorneys. I also organized two month-long series of seminars on law and motion practice, in 1991 and 1993. I was the liaison between the local committee and Continuing Education of the Bar (CEB) from 1984 through 1990. For my work on the Continuing Education Committee, the RCBA recognized me with an award for meritorious service in 1992.

In addition to organizing continuing legal education programs, I have taught at those and similar programs for attorneys, paralegals, secretaries, and students. Specifically, I presented a program on habeas corpus at the CJER California Appellate Research Attorneys Institute in June of 1995. I moderated and taught at the RCBA's Conferences on Civil Appellate Practice in 1991 and 1993. More generally, I have spoken on the subject of appellate practice to the RCBA's Civil Litigation Section in 1995, to the Leo A. Deegan Inn of Court in 1994, to the Riverside County Barristers in 1992, to law students from the University of La Verne College of Law in 2003, to University of California, Riverside, undergraduate students in 2006 through 2009 and 2011, to the Riverside Legal Secretaries Association in 2001 and 2003, and to the North High School Law and Protective Services Academy in 2001. In 1987, I spoke to the Inland Counties Association of Paralegals concerning the Civil Discovery Act of 1986. I spoke at the Law Career Conference at the University of California, Riverside, in 1999, 2000, 2002 through 2004, 2006, and 2008 through 2012.

PUBLICATIONS:

Author, "A Procedural Outline for Evaluating Habeas Corpus Petitions," published by the California Center for Judicial Education & Research for the 1995 California Appellate Research Attorneys Institute.

Editor, Program Materials for the Conference on Civil Appellate Practice, published by the California Court of Appeal and the Riverside County Bar Association (1991) and the Riverside County Bar Association (1993). Author, chapter on "Sanctions on Appeal." Co-author, chapters on "Briefing" and "Oral Argument."

Author, numerous articles published in the Riverside Lawyer (November 2006; June 2005), Riverside County Lawyer (May, July/August, September & December, 2002; January through September, 2001; September through December, 2000; September & December, 1999; December, 1998) and Riverside County Bar Association Bar Bulletin (January through March & July/August, 1995; May, October & December, 1994) magazines.

BAR ADMISSIONS:

I was admitted to practice before the Supreme Court of the State of California on December 16, 1980. Subsequently, I was admitted to practice before the Supreme Court of the United States (1992), the United States Court of Appeals for the Ninth Circuit (1981), and the United States District Courts for the Central (1981) and Southern (1985) Districts of California.

EDUCATION:

I earned a Juris Doctor degree from the University of California, Los Angeles, School of Law in May of 1980.

I graduated with Highest Honors with a Bachelor of Arts degree in political science from the University of California, Riverside, in June of 1977. While at UCR, I was recognized by being placed on the Dean's Honor List for ten of the twelve quarters in which I was in attendance. Upon graduation, I was elected to Phi Beta Kappa.

During my senior year at UCR, I worked as a part-time intern with the Riverside County Public Defender from October through December of 1976, interviewing clients and witnesses, and conducting other factual investigation. Thereafter, I worked as a full-time intern in the Sacramento office of California State Assemblymember Dennis Mangers from January through March of 1977. My responsibilities as the legislator's only non-clerical staff included corresponding with constituents, researching factual issues, and drafting press releases.

COMMUNITY INVOLVEMENT:

Member, Board of Directors of All Saints' Carden Academy, an elementary school associated with All Saints' Episcopal Church, in Riverside, 2010 to present.

Mentor, Youth in Government Day, sponsored by the Riverside County Youth Commission, 2010.

Member, Advisory Committee for Riverside, California, area office of VIP Mentors (formerly known as Volunteers in Parole), 2000 to 2009. Chair, 2002 & 2003.

Graduate, Greater Riverside Chambers of Commerce's Leadership Riverside program Class of 2002.

Graduate, Citizens' Academy, Riverside County Sheriff's Department, 2001.

Life member, University of California Riverside Alumni Association. Mentor, University of California Riverside Student Alumni Association mentoring program, 2002-2003. Speaker, Student Alumni Association Pre-Law Conferences, 1999-2000, 2002- 2003, 2006, 2008, and 2011. Speaker, Law Careers Forum, 1991 & 2002.

Member, All Saints' Episcopal Church, Riverside, California. Layreader, 2002 to present. Previously, member of St. George's Episcopal Church, Riverside, 1986-2002. Layreader, 1991-2002. Sunday school teacher periodically, 1992-1997. Acolyte director, 1995-2002.

Advisor, Venture Crew 2, B.S.A., Riverside, California, 1999-2003.

Adult member, Boy Scout Troop 2, B.S.A., Riverside, California, 1997-2003. Assistant Scoutmaster, 1998-2003.

Adult member, Cub Scout Pack 75, B.S.A., Riverside, California, 1993-1997. Cubmaster, 1994-1997. Den Leader, 1993-1994.

Member, Advisory Committee for Law & Protective Services Academy of John W. North High School, Riverside, California, 2000-2001.

Member, Advisory Committee to the Legal Assistantship Certificate Program of UC Riverside Extension, 1995-1999.

Member, Board of Administrative Appeals and Zoning Adjustment of the City of Riverside, 1986-1988.

PERSONAL:

A native Californian, I was born on March 1, 1955, in Fullerton. I was raised in La Mirada for eleven years, before moving to Santa Ana in 1966. I moved to Los Angeles after I was married in 1977. My wife and I have resided in Riverside since 1980.