By Elijah T. Gaglio
Aguirre & Severson, LLP
San Diego, California native, Judge Richard S. Whitney, attributes his time as La Jolla High School’s student body president as sparking his interest in leadership and the legal field. He attended the University of Puget Sound, in Tacoma, Washington, where he studied politics and government and earned a B.A. in 1980. Without taking any time off, Judge Whitney attended Western State University College of Law, earning a J.D. and passing the bar in 1983.[i]
Judge Whitney practiced as an attorney for approximately eighteen years, devoting fifteen years to two large firms. First, he worked for Gilbert, Kelly, Crowley & Jennett, LLP, a firm based in Orange County, where he primarily practiced insurance defense and helped the firm launch its San Diego office. Thereafter, he worked as a partner at Higgs, Fletcher & Mack, LLP. In 1999, Judge Whitney started his own private practice specializing in insurance fraud.
Before he was formerly elected to the bench in 2002, Judge Whitney served at the Orange County Municipal Court as a Judge Pro Tem on and off for a few years. To serve as a Judge Pro Tem, Judge Whitney went through an informal application process and a couple hours of required training. There, he dealt with small claim court cases. San Diego Superior Court has a similar pro tem program for attorneys (more information about the program is below).[ii]
Judge Whitney’s Transition from Advocate to Trier-of-Fact
Because of his previous experience as a pro tem judge, it was not difficult for Judge Whitney to transition from advocate to neutral. Rather, the biggest challenge was transitioning from a nearly exclusive civil practice to a criminal judge overnight. He started in the East County Division of San Diego Superior Court and credits much of his early learning as a criminal judge to the highly-experienced prosecutors and public defenders who appeared before him.
After three years in East County, Judge Whitney presided in both the Central and North Division, but eventually, settled back downtown in the Central Division, where he currently presides in Department 68. When he returned to the Central Division, Judge Whitney inherited the caseloads of the Honorable Judith Hayes and the Honorable Joan Lewis, which included a combined total of over a thousand pending cases, many of which had previous motions and orders. Naturally, becoming familiar with so many cases was tough at first, but as time went on, Judge Whitney became familiar and understood all of the cases.
When asked if the bench ever feels isolating, Judge Whitney responded judges have to be careful to not become too isolated. While Judge Whitney has quite a few friends on the bench, he has not seen about 80% of the judges since the court’s temporary closure in March. Judge Whitney was quick to note, judges tend to become really close to their staff and research attorney, which becomes more like a small firm or extended family. There is not a day that goes by where he does not wake up excited to go to court. Although, he did enjoy being an attorney, Judge Whitney does not miss practicing law. If he did miss anything, it would be closing arguments in a jury trial.
Tips For Legal Student
Judge Whitney provided the same advice he followed as kid: look at trial and other notable attorneys skilled in the craft. He learned a lot by learning from others, and advises students and attorneys to visit a courtroom or watch a proceeding. He notes, “You learn a lot, and it’s easy and free.” He recommends learning the differences in judges and courtroom subtleties. For example, a good lawyer can make complex cases seem simple.
Tips for Lawyers Appearing Via Telephone or Video Call
Attorneys who telephonically appear must be even more formal than when appearing in person. Video calls are Judge Whitney’s preference because he describes himself as a visual learner and prefers to see attorneys speak. Although this method usually costs more, it is easier for both sides, the judge, and the court reporter. He mentions most of his colleagues also prefer video calls and recommends those who appear to always identify yourself first and speak slowly for the court’s benefit. Although some judges are experiencing glitches and time delays, the court continues to improve its technology. Judge Whitney applauds the tremendous amount of work the court staff has performed to try to get the court up and running in a way safe for everyone.
Tips for Preparing for Trial in Light of COVID-19
Attorneys need to be more prepared than normal because of the time and scheduling constraints the court is facing. They need to be more concise and get right to the argument or remedy sought, especially if the attorney is appearing by audio only. Judge Whitney advises to avoid sending special appearance attorneys or attorneys who do not know the case. He reminds attorneys to appreciate the court’s caseload is larger and time is more limited than normal. To make it as efficient as possible, Judge Whitney recommends attorneys stipulate to as many issues as possible so long as it is agreeable to the parties and the court. For example, instead of filing a motion to compel discovery, Judge Whitney advises attorneys to think outside the box, be creative, and make a vigorous effort to resolve the issues before coming to court.
Tips for Attorneys Appearing Before Judge Whitney
Preparation is key. Attorneys should know the issues, the facts in the case, and always be professional. An attorney should be a zealous advocate, but shouting or eye rolling does not help the case, the court, nor move the ball forward. There is nothing more impressive to Judge Whitney than the respect and courtesy between attorneys during very adversarial cases. Cooperation goes a long way and always results in a better conclusion. Judge Whitney loves seeing attorneys who fight professionally in court and walk out joking and shaking hands. One last piece of advice Judge Whitney offers is to be courteous and professional to the court staff who work hard to make calendars run smoothly and assist attorneys as much as possible.
[i] Western State University College of Law became an independent school and was renamed as Thomas Jefferson School of Law in 1995. Thomas Jefferson School of Law, History (last accessed Aug. 10, 2020), https://www.tjsl.edu/about-tjsl/history#:~:text=In%201995%2C%20the%20Law%20School,Thomas%20Jefferson%20School%20of%20Law.
[ii] For more information about San Diego Superior Court’s pro tem program, which allows attorneys to act as pro tem judges and settlement attorneys in small claims, probate, and traffic cases, please visit http://www.sdcourt.ca.gov/portal/page?_pageid=55,1641470&_dad=portal&_schema=PORTAL, or contact TempJudgeAdmin@sdcourt.ca.gov.