The topic of
judicial habit,
predilection and
demeanor is one
of eternal
fascination for
any able trial
lawyer. If you
know your stuff,
then I think
you’ll agree,
getting to know
everything you
can about the
judge in your
case is one of
the most
important prep
items you can
perform.
The subject is
at the top of my
mind because of
a case I just
settled where
the personality
of the jurist
played a
significant
role. It was an
excessive use of
force case in
federal court
against a local
police
department. It
wasn’t a huge
matter to most
of the world,
but to my
client, as you
might imagine,
it meant
everything.
When I first
filed the case,
I was assigned
to the Honorable
Edward Rafeedi,
a jurist who had
the reputation
of being a
something of an
uber-rocket-docketeer.
That didn’t
really bother
me, as I thought
a little speed
might actually
help my
particular case.
Then, one day I
read in the
Daily Journal
that Judge
Rafeedie had
been elevated to
a higher court.
Technically, he
died. I held my
breath and
waited to learn
where my little
case would land.
A few days
later, I was
getting ready to
start a
deposition when
my opposing
counsel walked
in the door. “Do
you know
anything about
Manuel Real?” he
asked me.
“Oh, did we draw
him?” I asked
innocently. Of
course, I knew
this jurist by
reputation, so I
had some reason
for concern.
Just in case you
aren’t
acquainted,
Judge Real is
what we call a
controversial
figure. A former
U.S. Attorney,
he was appointed
a a U.S.
District Court
judge in 1966
and served as
Chief Judge of
the Central
District of
California from
1982 to 1993.
Born in 1924, he
took senior
status some time
back. Among his
notable
decisions was
ordering forced
busing in the
Pasadena school
system in 1970.
In short, this
is a fellow who
has accomplished
much in life.
On the other
hand, there are
those who hold
Judge Real in
low regard. For
example, 38
raters on
TheRobingRoom.com
rate Judge Real
at an average
2.8 out of 10,
with plenty of
“1's” in the
ratings. The
comments run
from supportive
to scathing.
A 1999 by Paul
Elias on Law.com
sort of sums up
the situation in
an even-handed
manner:
U.S.
District
Judge
Manuel
Real
is a
peach
of a
guy.
Seriously.
He's
75
years
old,
completely
gray,
and
as
regal
and
grandfatherly
as
they
come.
He's
in
pretty
good
shape,
too.
Trim,
good
looking,
and
he
appears
athletic.
"Gardening,"
he
says
modestly.
The
33-year
veteran
of
the
Los
Angeles
federal
bench
also
has
that
President
Clinton
handshake,
the
two-handed
one
made
famous
in
Primary
Colors,
the
one
that
makes
the
recipient
feel
special.
It's
nice.
Hell,
they've
even
named
an
elementary
school
after
him.
Dedicated
it
last
year
with
the
judge
in
attendance.
It's
out
there
in
the
dusty,
Inland
Empire
town
of
Perris.
Real's
exceedingly
proud
of
that
school.
It's
also
endearing
how
he
describes
himself
as a
"San
Pedro
boy"
who
still
lives
in
the
neighborhood,
just
a
mile
from
the
home
he
grew
up
in
with
his
Spanish
immigrant
parents.
So
why
does
everybody
hate
Manny
Real?
"Something
happens
to
Real
when
he
puts
on
that
robe,"
says
Victor
Sherman,
a
Santa
Monica
criminal
defense
attorney.
"I
don't
know
what
it
is,
but
he's
a
tyrant.
A
bully.
He
thinks
he's
lord
king
of
the
courtroom."
* *
*
While
he's
got
plenty
of
detractors,
Real's
supporters
are
hardly
in
short
supply.
"He's
old
school,"
chuckles
Beverly
Hills
attorney
Bruce
Hochman,
a
friend
for
46
years.
"He
emulates
the
training
he
received.
That's
how
the
judges
were
back
then.
Everything
by
the
numbers.
You
think
Judge
Real's
a
tyrant?
You
should
have
seen
Judge
[Charles]
Carr."
* *
*
Real
says
he
is
aware
of
his
dual
personality.
But
he
also
offers
some
reasons
for
it.
"For
a
judge
there
are
two
lives,"
he
says.
"We
are
about
very
serious
business.
We
are
dealing
with
people's
lives
and
money.
Life
on
the
bench
is
totally
different
for
me
than
off
the
bench."
* *
*
Among
those
in
the
ranks
of
Real's
supporters
are
former
clerks,
who
express
fierce
loyalty
for
their
old
boss.
"I
can
tell
you
he
was
an
unbelievably
great
guy
to
work
for,"
says
Loyola
Law
School
professor
Daniel
Selmi,
who
clerked
for
the
judge
in
1975-76.
"I
think
he's
a
wonderful
man.
He's
totally
honest
and
full
of
character." |
On the internet
I learned that
in 2006, the
House of
Representatives
held a hearing
on whether or
not Judge Real
should be
impeached for
“high crimes and
misdemeanors”
(he wasn’t) and
that in 2007 the
Ninth Circuit
was considering
handing him a
reprimand for
misconduct (they
did).
Still, if
there’s anything
I’ve learned
over the years,
it is to keep an
open mind. So, I
called a good
friend of mine
who is prominent
in the federal
bar and told her
I’d been
assigned to
Judge Real and
what did she
think of that?
“Oh, dear,” she
replied. I love
elegant
understatement.
The punch line
is, I am
convinced my
case finally
settled in part
because neither
side was
completely sure
just what Judge
Real would be
like in trial.
The settlement
was pretty much
what you’d
expect when it
falls in the
proper range,
neither side
completely
happy, neither
side completely
sad.
I will report
that both sides
prepared for
trial with extra
care and
diligence
because of our
jurist’s
reputation and,
who knows, maybe
that meant that
we all
understood our
strengths and
weaknesses a
little more
clearly at the
end. Oh, and I
need to tip my
hat to
Magistrate Judge
Margaret Nagle,
who acted as the
settlement judge
and brought two
sides that were
miles apart into
the same ball
park at the
eleventh hour.
Heck of a job, I
have to say.
So, what’s the
lesson here? I
think it’s
obvious, don’t
you?
The next time
you draw a judge
who makes you
wince, or find a
fact you wish
you hadn’t, or
represent a
client who your
wish you
weren’t, take
heart.
For a skilled
practitioner,
there is always
hope even in the
face of grave
adversity.
Also, if you are
going to walk on
dangerous
ground, make
sure you know
when to wear
your plodding
hikers and when
to strap on
those speedy
running shoes.
LEARNING
CENTER
for more information:
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affect our society.
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