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News

California Courts of Appeal

Feb. 11, 2017

Justices confirmed easily to state appellate court

Three justices were sworn to the state appellate court, following confirmation hearings Thursday in San Diego.

By Kevin Lee
Daily Journal Staff Writer

Three justices were sworn in to the California Court of Appeal, following confirmation hearings Thursday in San Diego.

The 4th District Court of Appeal added San Diego County Superior Court Judge William S. Dato and Riverside County Superior Court Judge Richard T. Fields to its bench. Dato will sit on the 4th District's Division One in San Diego, Fields will sit in Division Two in Riverside.

Fresno County Superior Court Judge Kathleen A. Meehan joined the 5th District in Fresno.

Gov. Jerry Brown nominated them to appeals court in December. Their nominations required confirmation by a panel consisting of California Chief Justice Tani G. Cantil-Sakauye, state Attorney General Xavier Becerra and the senior justice of each appointee's district court of appeal. Becerra took part in judicial confirmation hearings for the first time since becoming attorney general last month.

"This seems to be proceeding far differently from what I'm accustomed to in Washington, D.C.," Becerra, who served 24 years in the U.S. House of Representatives, said.

Dato fills the vacancy created by Justice James A. McIntyre's retirement. He was a San Diego County Superior Court judge for 13 years.

Leonard B. Simon, of counsel at Robbins Geller Rudman & Dowd LLP, practiced with Dato for 11 years at another firm. Simon praised Dato as a perfect fit for the 4th District.

"Bill is among the very best appellate lawyers that I have seen," Simon said. "He was born to be an appellate lawyer and an appellate justice."

One individual, Sharon Noonan Kramer, spoke out against Dato's confirmation. Kramer, a non-lawyer who has appeared before Dato, said that Dato, San Diego County judges and the 4th District sought to stop her from speaking out against an allegedly erroneous toxic tort risk assessment model.

Dato was unanimously confirmed.

After being sworn in, Dato said he was overwhelmed at how his professional journey had taken him from an externship at the state Supreme Court to the 4th District.

"The judiciary is the only branch of government that relies on its legitimacy solely on the ability to convince by force of human reasoning," Dato said. "And nowhere is that more apparent than in the opinions of our appellate courts."

Fields was also unanimously confirmed. He takes the vacant seat held by retired Justice Jeffrey King.

Former Riverside County Superior Court Presiding Judge Sherrill A. Ellsworth called Fields, a former colleague, a prolific worker and eater.

"As long as you feed the beast, he will work like a beast," Ellsworth said. "I could not recommend anyone higher than I recommend my friend Rick Fields."

Fields is the second African American to serve on the 4th District after Carol D. Codrington, who spoke at Thursday's confirmation.

Fields was Riverside County's first black commissioner in 1991 and first black judge in 2000. Codrington joined Riverside County Superior Court in 2007.

"You can imagine the challenges that he faced back in 1991," Codrington said. "He was disrespected by litigants, attorneys and even called derogatory names to his face. He handled it with patience, dignity and grace and diplomacy."

Fields said his overwhelming emotion was one of gratitude to those who had helped him on his journey.

"I feel I've been blessed so much more than I deserve that I am honestly telling people when I go out now, my biggest dream is to help other people make their dreams come true," Fields said.

Meehan was unanimously confirmed and fills the seat created by Justice Dennis A. Cornell's retirement.

Meehan joined Fresno County Superior Court as a commissioner in 2011 and was appointed to a judgeship by Brown in 2014.

Fresno County Superior Court Judge Hilary A. Chittick, a friend of Meehan's since elementary school, praised Meehan for her longtime service in support of legal aid.

"She has, more than anyone I know, a driving compassion for those at the margins, for those less fortunate, for those in need of access to justice," Chittick said.

Meehan said she will continue to champion access to justice.

"That is a commitment that I had carried with me the entire time of my career and I will continue to carry with me," Meehan said. "I am proud to serve in the public interest in this manner."

Cantil-Sakauye administered the oath of office for all three justices.

kevin_lee@dailyjournal.com

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Kevin Lee

Daily Journal Staff Writer
kevin_lee@dailyjournal.com

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