By Sara Gold
Eastman IP
Judge Harry Elias recently retired from the bench after serving as a judge in North County for 30 years.
A Michigan native, Judge Elias arrived in San Diego in 1972 and since then has called San Diego his home. “I knew I wanted to stay in San Diego after the first winter I spent here, where it was 75 degrees compared to 30 in Michigan,” he said.
An avid Wolverines football fan to this day, Judge Elias grew up in Detroit, attended the University of Michigan for undergraduate, and moved to San Diego to attend University of San Diego School of Law.
He says that as a kid, he knew that he wanted to either be a lawyer or a teacher. As a judge, he has had the opportunity to combine both. For the past twenty years, Judge Elias has helped train doctors, lawyers, teachers, social workers, therapists, and other professionals on issues related to child abuse as chairman of the State of California’s Children’s Justice Act Task Force. He and the Task Force have also helped develop and fund projects that advance children’s welfare, such as a tribal court to help protect kids in tribal communities from abuse.
Additionally, as a faculty member for the Judicial Council of California’s Center for Judicial Education and Research, Judge Elias has instructed other judges on topics such as sexual assault litigation, juvenile dependency, and judicial ethics, along with teaching the 40-hour orientation course for new judges.
But even as a teacher of other judges, Judge Elias maintains that as a judge or lawyer, you are always still a student of the law.
“You never stop learning as a judge,” he said. “You are always engaged mentally.”
He advises that law students and new lawyers can be good “students of the law” by participating in educational programs such as inns of court, participating in field-specific bar associations, and keeping abreast of legal news.
Prior to joining the bench on December 31, 1990, Judge Elias worked for the San Diego District Attorney’s Office for fourteen years.
“I loved being a lawyer, especially trial work,” he said. “Trial work is like a combination of a chess game due to the strategy, theater due to the presentation aspect, and a jigsaw puzzle because the evidence is typically presented out of chronological order and you are asking the jury to put the pieces together.”
Judge Elias began as a municipal court judge in North County and was elevated to the Superior Court in 1998 when the Superior Court and municipal court combined. His loyal courtroom clerk, Susan Smith, has worked with him since 1998.
Said Smith of her time working with Judge Elias, “He is very knowledgeable, very easygoing, very approachable, and made my job fun and simple!”
During his thirty-year tenure, Judge Elias has presided over a variety of different types of cases, from homicides to adoptions.
Judge Elias estimates that about 5,000 children have been adopted in his courtroom. In a memorable coincidence, one of those children eventually returned to his courtroom about 20 years later as a juror for one of his cases.
Another time, a former defendant whom Judge Elias had sentenced to prison came back to the judge years later as an adoptive parent.
“Like how when you’re a teacher, you want your students to do well, as a judge you want to see people able to rehabilitate after serving their time,” Judge Elias said.
Looking at the progress of the judicial system over the past three decades, Judge Elias praises how the legal profession has become more diverse. He also predicts that the prevalence of remote hearings as a result of COVID-19 will ultimately benefit the legal community by helping lawyers use their time more efficiently, without diminishment of access to justice.
Although Judge Elias officially retired from the bench as of January 3, he may serve in the future as a temporary assigned judge. During retirement, he plans to spend time with his wife, two kids, and young grandchildren. He also hopes to eventually travel to Scotland and play golf. However, he will miss the daily camaraderie of working at the Court.
“Judge Elias’ knowledge of the law, his ability to manage a heavy calendar and his incredible work ethic are irreplaceable,” said San Diego Superior Court Presiding Judge Lorna Alksne.
Judge Elias advises new trial lawyers to not be afraid to ask questions of the judge or another lawyer, and to not be afraid of losing an issue or a case.
“You can be a good, or even a great, lawyer but still lose a case,” he said. “Don’t back down if it looks like you are losing but you think you are right. Without being discourteous or rude, keep going forward and don’t give up.”