Judge Spotlight
filled out the application and sent it in.
In a sense, it was just something that
fell into my lap. I eventually would have
gotten around to try and plan my life in
such a way to make that happen, but
it was convenient timing for me that
there was suddenly an opening when
I needed it.
to accommodate those who can’t
afford full service representation?
Our goal in studying this issue is to
divine the essential minimum core of
duties that a lawyer must perform if
he undertakes to represent a client. If
you prepare the schedules, must you
at least go to the 341a meeting? If the
8. Do you find that your experiences
in private practice impact how you
decide cases on the bench?
I don’t know that it directly affects how I
decide a case, but what it does is gives
me a better understanding of what is
really going on behind the scenes,
or what people aren’t telling me, or
when something seems strange, or
when a lawyer is reluctant to come out
and say what he or she is obviously
dancing around. I understand better. It
takes fewer words to communicate the
problem. I like to think that I catch on
more quickly than I otherwise would as
to what’s really going on.
9. What was your first hearing as a
judge and what was it like?
I don’t remember the first hearing but I
do remember heading out the door for
my first hearing. I had the robe on and
they say “clothes don’t make the man,”
but, boy, the right costume really does
help you play the part. I remember
thinking about putting on the mantle
of solemnity and getting into character
and walking into the courtroom, but,
from that point on, I never looked back.
I have no recollection of any of my first
cases. Laughing the Judge further
stated, Of course, I have no recollection
of any of the cases I handled this
morning either. I think we can all relate
to that.
10. A hot topic right now in the
Central District California is the
unbundling of services for consumer
cases, particularly in chapter 7’s.
Do you think attorneys should be
able to unbundle their services
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you have been involved in?
Well, it wasn’t my case – it was Judge
Donovan’s case -- but I did sign on
to the Ballas and Morales decision.
Ballas and Morales was a legally
married gay couple. Normally, we try to
avoid constitutional issues, but this one
was smack dab right there. According
to DOMA, they couldn’t be considered
“spouses” within the meaning of the
Bankruptcy Code, but they were
legally married1. I didn’t have much
involvement in crafting the decision,
but I guess you could say