Tips from the Bench: Judges Michael T. Smyth and Maureen F. Hallahan

This year, San Diego Superior Court welcomes new Presiding Judge Michael T. Smyth and new Assistant Presiding Judge Maureen F. Hallahan, who were elected by their fellow jurists to lead the court during the pandemic and through an ever-changing legal field. Judges Smyth and Hallahan will work with Court Executive Officer Michael M. Roddy to oversee the 154 judicial officers and approximately 1,200 employees at the court. Judges Hallahan and Smyth sat down with For the Record to discuss their respective backgrounds and goals for the Court’s future.

Judges Smyth’s and Hallahan’s Backgrounds

Judge Smyth was born into a large family. Because his father was in the military, his family traveled throughout the United States from Hawaii to Georgia before eventually settling in San Diego when Judge Smyth was five years old. He recalls obtaining his first job around sixth grade sweeping and cleaning offices for a neighbor’s business. Judge Smyth remembers his parents teaching him not to burn bridges, to do the best he could, and to keep an eye open for opportunities to make his life better. 

Like Judge Smyth, Judge Hallahan was raised in San Diego. Her mother was a first grade schoolteacher, and her father was an administrator at what is now San Diego State University (SDSU). Judge Hallahan commented that, like Judge Smyth, her parents taught her to work hard and instilled in her a strong work ethic. She remembers taking a civil service exam when she was about 14 and started shelving books at a local public library.

Path to the Bench

Judge Smyth attended the University of San Diego (USD) for his bachelor’s degree in business administration and then additionally his law degree. In between college and law school, he worked in San Francisco’s hotel industry for three years. During law school, he was inspired to pursue criminal law because his mentor worked at the San Diego City Attorney’s Office.

Judge Smyth would later become a supervising criminal prosecutor for the City Attorney’s Office. There, he worked with various people from law enforcement, which led him to continue his practice at the San Diego Police Department — first as assistant to San Diego’s Chief of Police and then as the legal and policy aid advisor to Chief of Police David Bejarano.

Judge Hallahan studied at SDSU for her bachelor’s degree in psychology, which she believes is “absolutely critical” to understanding people, communicating effectively with others, and navigating tense situations.

Judge Hallahan obtained her law degree from USD School of Law. After law school, she worked as an associate at Mulvaney, Kahan & Barry and Miller, Bokyo & Bell. Later on, she became an equity partner at Procopio, Cory, Hargreaves & Savitch, where she was a part of the firm’s management committee specializing in business, intellectual property, employment and fiduciary litigation.

Transition to the Bench

Judge Smyth was elected to the bench in 2002, and Judge Hallahan was appointed to serve on the bench in 2007. Both judges agreed their transition from attorney to judge included a steep learning curve, and they thank the judicial colleagues, clerks, and attorneys who helped them during their first days on the bench.

Judge Smyth, after initially starting out in family court, was able to return to his criminal law roots. He worked in the court’s Criminal Division for many years and for a time served as the Criminal Division Supervising Judge before becoming Assistant Presiding Judge in 2020.

Inversely, Judge Hallahan started out in the Criminal Division but ultimately found her calling in the Family Division. Her initial three-year term in the Family Division turned into nine years because early on she realized and appreciated how family law blended various areas of the law and her psychology training. She served as a family law judge for nine years and for a time served as the Family Law Supervising Judge. 

Tips for New Lawyers

“Volunteering is not something you do to check a box,” Judge Smyth said. However, rather than getting involved with too many organizations, Judge Smyth recommends finding something you have an interest in or getting involved at the San Diego County Bar Association, which offers volunteer and pro bono opportunities.

Beyond volunteer work, Judge Smyth reminds new lawyers they can immediately serve their community by being attentive and upstanding lawyers, servicing their clients well, and taking care of their loved ones.

For Judge Hallahan, volunteering taught her to put herself in the shoes of those less fortunate, which as a family law judge helped her better understand divorce and domestic violence’s devastating effects. She personally found fulfillment from working with the Big Sister League of San Diego, a nonprofit organization providing supportive housing for adult women. She also spotlighted the San Diego Volunteer Lawyer Program and its HIV/Aids Legal Services as great places to volunteer.

Regarding legal resources for new lawyers, Judge Smyth advises new judges and lawyers to pick up a CEB practice book and simply start reading a chapter when they have some down time. Judge Hallahan emphasizes learning from more experienced attorneys and is a big advocate of joining lawyer’s organizations such as Lawyer’s Club, an Inn of Court, or the Association of Business Trial Lawyers. These are just a few organizations where new lawyers can meet other local lawyers and judges in an informal setting that will help benefit their practice.

San Diego Superior Court in 2022

Both judges acknowledge the struggles of attorneys due to the pandemic and praise them for working hard to satisfy their duties to their clients in spite of the pandemic’s effects on court operations. Judge Smyth remarked that as he embarks on his new role, one thing at the forefront of his mind is the court’s March 2020 shutdown. When courts were shut down throughout the country, everyone knew it was a big deal to pause trials. One of the court’s biggest challenges is to clear up the backlog of cases and trials. Although it is a daunting problem, with the cooperation of the legal profession and community, the court hopes to progressively eliminate the backlog over time.

The judges commented on the shortage of jurors and court reporters during the pandemic. Judges Smyth and Hallahan will focus on making improvements to San Diego’s juror system. For example, the Court’s summons may include additional preclearance requirements to use potential jurors more efficiently. With respect to court reporters, there are certain areas where a court reporter is required to be present in person. In spite of the struggle to compete with the private industry and other courts to find court reporters, the Court will continue to work to increase its  number of court reporters.

Positively, the obstacles of the pandemic have challenged the court to come up with innovative strategies with potentially long-lasting benefits for the justice system. For example, Judge Smyth would like to capitalize on the improved technology by increasing options for online alternative dispute resolution for criminal, family, and civil cases. Judge Smyth also wants to focus on making the court’s technological infrastructure more permanent, as improved technology increases access to the courts through remote appearances.

“Those working in the IT department are some of the top people in their line of work. They like the work and it shows in what they produce,” said Judge Smyth. “We have had real success because of really good judges and court staff in tune with technology and its possibilities.”