Judges and Judiciary
Jul. 19, 2002
Jurist Resistant To Dread Black Robe Disease
SAN FRANCISCO - In Stanislaus County's legal community, newcomer Superior Court Judge Wray Ladine set such a new standard for the bench that one lawyer likened him to a "20-pound gold nugget."
Wray F. Ladine
Superior Court judge
Stanislaus County
Career Highlights: Appointed by Gov. Gray Davis, February 2000; managing partner, Damrell Nelson Schrimp Pallios & Ladine, 1987-2000; deputy county counsel, Stanislaus County, 1986-87; chief deputy district attorney, Stanislaus County, 1983-86.
Law school: Southwestern University, 1976
Age: 51
Gov. Gray Davis' first appointee in the San Joaquin Valley county, Ladine boasts an unusually varied background as a prosecutor, civil litigator and county counsel which, combined with his common-sense approach, makes him an especially effective jurist, in the opinion of admiring attorneys who've appeared before him.
All those attributes, plus the obvious relish of a man who has found his niche, have won him fans on both sides of the aisle.
Calling Ladine a "very good judge who's a bright, energetic fellow," Public Defender Tim Bazar says it's good for the courts to have judges who don't come straight from the district attorney's office.
Ladine's civil business experience makes him "more efficient and more interested in the bottom line," Bazar said. More importantly, he noted, "he's unafraid to take on the DA and suggest they should settle a case."
Modesto criminal defense attorney Frank Carson agreed. Most jurists are "real DA-oriented," he complained, "worried they'll somehow offend the DA's office."
Not so Ladine, according to Carson. "He seems to be both bright and unafraid to do the right thing."
Assistant District Attorney Coleen Rhodes also acclaimed Ladine's abilities. "He has a very good command of the law and understands it's important for defense attorneys to have credibility with their clients," she observed. "He has the respect of attorneys whether they're on the defense or prosecution side."
Carson offers this candid assessment: "I think he's the brightest bulb on our bench. He's got the energy and enthusiasm you hope all judges have, but none of ours do."
Ladine's diligence is also noteworthy, Carson said. "He will do his homework, and that's refreshing. I don't have to do it for him, like with most judges."
Carson's admiration for Ladine is undiminished by the loss of a recent case. "I lost the trial, but I could see his reasoning, which was impeccable," he said, noting, "He certainly isn't pro-criminal, I can tell you that."
Ladine is clearly in his element, obviously gratified by his work, say attorneys who regularly try cases before him.
"It's refreshing seeing a judge have a good time, because you don't always see that," observed Modesto criminal defense attorney Kirk McAllister, who bestowed what he calls his "McAllister Rookie of the Year Award" last year on Ladine's first anniversary.
"I think he's found his calling, certainly."
Although he's known Ladine since their days in the district attorney's office, McAllister claims professional objectivity. "Once someone becomes a judge," he noted, "they have no friends."
Ladine's "tireless high energy" handling the high-volume felony calendar has "really made a difference in that department," said McAllister, who has cases there daily.
Apparently a judge who practices what he preaches, Ladine is punctual. "You can set your watch by him coming onto the bench," Modesto criminal defense lawyer Bob Wildman said. "When it's 1:30, he steps out."
Wildman also said he appreciates the consideration that Ladine, a former private practitioner, extends to the bar. "If he sees private attorneys sitting there, he'll ask which case they're waiting for, to help get us out of there," Wildman said. "He remembers what it's like."
However, Ladine eschews playing favorites, Wildman added. "He never does anything in a way that anyone feels slighted."
Modesto criminal defense lawyer Robert Orenstein, a former public defender who jousted daily with former deputy district attorney Ladine, said the judge is especially well-suited for the bench.
"I really think his temperament, experience, knowledge of the law and his even-handedness is something that needs to be applauded," he said.
Ladine has an "ability to diffuse volatile situations in the courtroom with humor and common sense," Orenstein said, concluding, "He's impeccable."
Ladine has yet to develop the dreaded "black robe disease" that infects many on the bench, Orenstein said, and Wildman agreed: "He doesn't put on the black robe and then not speak to you in the hallway."
Ladine began his career in the Stanislaus County district attorney's office, where he spent eight years before serving as a deputy county counsel. In 1987, he joined a local firm, Damrell, Damrell & Nelson, where he specialized in complex business litigation.
Ladine traces the seeds of his judicial aspirations to his former senior law partner, Frank Damrell, who went on to become a federal judge in Sacramento. And Veteran Stanislaus Superior Court Judge Al Girolami provided "invaluable" perspective for the newly minted judge: "He gave me a sense of what's important and what's not."
Although he obviously relishes his new role, Ladine admits he sometimes misses being an advocate. "I have to force myself not to do that for either side," he remarked.
But once a lawyer, always a lawyer, apparently. "When I look at a case I think to myself, what I would do if I were in this lawyer's shoes?"
Ladine enjoys handling felonies and came up with the idea of vertical calendars, in which the same judge hears the case from arraignment to resolution. It's a heavy load, often totaling 35 cases a day, but he revels in it.
"The blood, the guts and beer of a criminal case is always entertaining," he said.
He tries not to second-guess himself. "One of the things that Learned Hand said was that as a judge, you have to feel and think that what you're doing is the right thing, and I feel that way" he said. "I'm always sure of my decisions; I trust my experience and judgment."
Ladine, who serves on a state task force on judicial compensation, said the only way to stem the ongoing exodus of experienced judges from the bench is to increase their salary and retirement packages.
"Obviously, no matter what kind of business it is, if you pay the parties more, the more likely they are to stay," he said.
Most judges retire as soon as they reach 60 and have served 20 years as judge, entitling them to receive full retirement benefits. Most then go into private judging, where they can easily double or triple their $136,000 judicial salaries.
"The issue is judges can retire at 60/20, and there's absolutely no financial incentive to remain on the bench," Ladine asserted.
The state's judges got an 81/2 percent pay hike last year, but California's budget crisis forced Chief Justice Ronald M. George to delay plans to seek another 81/2 percent increase.
Another reason for the retirements, Ladine says, is burnout. "After someone does it for a certain number of years, there's no longer the same level of satisfaction."
But he discounted the idea that jurists only go into private judging to make more money.
"A private judge who's able to attract sophisticated civil litigation cases can find it very rewarding," he noted. Additionally, "your life is not run by a calendar, and you can schedule matters at your leisure, without the pressures of a court calendar or traditional court commitments."
Judicial inspiration comes not only from Gerald Gunther's "Learned Hand: The Man and the Judge" (Belknap, 1995), but also from Shakespeare's "Measure for Measure."
"It's the story of a fellow who's a king and whether or not he can pass judgment on someone who did him wrong," he explained.
An affable man, Ladine also is a rabid 49ers fan who never misses a game, despite the three-hour drive from his Modesto home.
He also harbors a passion for birds. He has led bird tours in Yosemite and has traveled to Quebec, Newfoundland and Mexico in search of migratory birds.
His favorite feathered friend? The "large, loud" pileated woodpecker, which sports a large, red crest, making it the model for his cartoon counterpart, Woody Woodpecker.
Although he describes his hobby as "relaxing," he admits, "as a lawyer, there's always the compulsive part about chasing down a rare species and trying to get them on your list of [observed] California birds."
Like most jurists, Ladine wants attorneys to be on time and prepared. "I like lawyers who get right to the crucial issue that's going to resolve the case," he said. "Everybody knows where the rubber meet the road."
And "I don't like people speaking over one another," he added.
But on the whole, Ladine has few complaints about the bar's courtroom behavior and even admits to a genuine, if rare, fondness for the lawyers who regularly appear before him.
"I actually enjoy seeing all the lawyers every day," Ladine declared. "To me, it's a pleasure to be able to see counsel, day in and day out, on their cases."
Recent cases handled by Ladine and the attorneys involved:
• People v. Mitchell, 206214
Prosecution: Deputy District Attorney Coleen Rhodes, Modesto
Defense: Kirk McAllister, Modesto
• People v. Solorio, 239199
Prosecution: Deputy District Attorney Steve Casey, Modesto
Defense: Frank Carson, Modesto
• People v. Rivera, 241148
Prosecution: Deputy District Attorney Dawna Faye Frenchie, Modesto
Defense: Ramon Magana, Modesto
• People v. Torres 1002307
Prosecution: Deputy District Attorney Doug Maner, Modesto
Defense: Deputy Public Defender Gary Smith, Modesto
• People v. Guerrero 1002298
Prosecution: Deputy District Attorney Michael Stone, Modesto
Defense: Robert Orenstein, Modesto
Donna Domino
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