Judges and Judiciary
Jul. 31, 2002
Monterey Judge Quits, Joins JAMS
SAN FRANCISCO - Richard Silver, Monterey County's longest-serving superior court judge, has retired after 25 years on the bench and has joined JAMS, the dispute resolution company.
He retired June 30 and joined JAMS Monday. He was the county's assistant presiding judge in charge of civil cases when he retired and had handled many of the county's biggest civil cases over the past two decades.
"I debated doing this for a couple of months," he said. "I talked to an incredible number of attorneys and judges, and the overwhelming number gave JAMS high marks. And I wasn't comfortable in terms of doing it on my own."
In addition to private judging, Silver said he wanted to serve as a visiting judge. But that's no longer an option; earlier this month, Chief Justice Ronald George ordered that visiting judges can't also sit as private judges.
"I was interested, and I could have helped them," he said, referring to the Monterey court.
Monterey Presiding Judge Robert O'Farrell said it came as no surprise that Silver was going to retire this year. Silver turned 60 in April and had talked about retiring since last year.
Nevertheless, O'Farrell said, "He'll be missed. He's an excellent judge and he's very good at settling cases."
Monterey sole practitioner Michael Stamp represented the City of Oakland in a case against the Oakland Raiders two decades ago after a change of venue moved the case to Silver's courtroom. City of Oakland v. Oakland Raiders, 32 Cal.3d 60 (1982).
Stamp, who has since tried 10 cases before him, said the judge was good at handling big, multiparty cases and deliberately sought out those cases.
"He had a reputation as a better trial lawyer than some of the lawyers," he said. "I liked that because I didn't have to be the smartest guy in the courtroom. Someone else can see what's going on."
Silver was demanding, unforgiving, efficient and sometimes a little cranky, he said, "more like a federal judge."
Another lawyer, who asked not to be named, said that active role earned Silver the nickname, "King Richard."
In settling cases, Stamp said, "he was the best I've seen in 25 years. He listened to everyone and was extremely challenging. ... He spent a lot of time trying to figure out the motivation of parties. That's why I think he'll be a great mediator."
JAMS President Steve Price said he heard about Silver from other retired judge panelists.
Silver "is on the forefront of the judicial system in case management, moving complex cases ahead and settling cases," he said.
Although JAMS doesn't have an office in Monterey, Price said, "We think there will be substantial opportunities for us there."
Gov. Jerry Brown appointed Silver to the bench in 1977. Before that, he was a partner at Heisler, Stewart, Silver & Daniels in Carmel. He served as an Army captain in Vietnam during the 1968 Tet Offensive and was awarded the Bronze Star.
Shortly after his appointment, Silver began work on litigation arising out of the violent labor disputes in the Salinas Valley in the late 1970s and early '80s. Agricultural Labor Relations Board v. California Coastal Farms, 31 Cal.3d 469.
He also presided over a closely watched case involving the First Amendment rights of Soledad Prison inmates who published their own newspaper. Bailey v. Loggins, 32 Cal.3d 907.
Erik Cummins
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