SAN DIEGO - "I don't think I've changed much since I've started," Superior Court Judge Daniel B. Goldstein said, reflecting on 22 years on the bench. "Look, I'm in the twilight of my career. It's just about over. I think I have become a more effective listener, and I don't know if that is just due to my experience or having a bout with cancer, which was no friggin' fun."
The recent cancer battle requires twice weekly infusions, Goldstein said, and has left him without cartilage in his knees. Despite this, he said his passion for the courtroom remains undiminished. "I just enjoy the attorneys. I really do. I mean, I like sparring back and forth with them," he said.
In his criminal trial department, Goldstein emphasizes lively exchanges. "It takes some getting used to to appear in front of me because I'll ask people what they think, and then I will reply to them what they think, and then we're having a dialogue and a lot of people, a lot of attorneys are not used to having to defend what they said," he explained. "So, it's moot court, my courtroom. We're constantly going at it. ... Then you get to the truth."
Goldstein said he encourages open debate, valuing when attorneys work hard, even if they get mad at him. "If we get to justice ... aces!"
When a proceeding gets contentious, "I don't take it personally, and they have to learn not to take it personally, right?"
A former prosecutor, Goldstein said he has never sanctioned an attorney for arguing with opposing counsel in front of jurors. "Humor, sarcasm, and knowing your shit helps," he said. "And saying, 'This is the way it's going to be. That's it. And we're done.'"
Dino J. Paraskevopoulos, who was a deputy district attorney in Goldstein's previous felony readiness department, emphasized the importance of preparation in his courtroom.
"Judge Goldstein always, and I mean always, asks detailed questions about every case, ranging from the facts to the defendant," he wrote in an email. "Judge Goldstein's approach is very straightforward. He wants to know the facts and will give you an assessment, nearly immediately, of every case. Attorneys knew where they stood with Judge Goldstein."
Curtis L. Briggs, a defense attorney, described Goldstein as "a tough judge," but one who appreciates tenacious advocacy. "He lets us try our case. He has a strong personality, but he also provided an environment where everyone can have fun despite the stress of trial."
San Francisco attorney John M. Hamasaki praised the judge's fairness: "He's willing to take on the tough issues and challenge both sides before coming to a ruling. He's not defense or prosecution oriented. He's going to give you a fair hearing."
Goldstein's bench career began with misdemeanor and felony readiness courts in Vista and San Diego, followed by assignments in El Cajon and then back to Vista. Since 2019, as he has been handling felony trials, he likes mentoring newer lawyers. He said he often talks to them after trial, offering advice on improving their rhetoric or how to not take things too personally.
"Sometimes they think I'm a little bit hard on them," he acknowledged. "When we come back here [in chambers] and feedback after the trial, then I'm very kind."
Deputy Public Defender Stephanie L. Ruiz said the judge challenges the attorneys to make them more effective.
"Judge Goldstein asks important questions about our clients, the charges, and how the prosecution believes they can prove the charges beyond a reasonable doubt," she wrote. "An attorney who is then able to argue lack of evidence, witness credibility issues and helpful investigation goes a long way with Judge Goldstein to a fair resolution."
Bethany M. Ulch, a supervising attorney at the public defender's office, also said Goldstein's attitude contributes to a positive courtroom environment. "He has a direct approach to negotiating cases. He is very fair to both sides and has a great sense of humor, which helps in resolving cases."
Ulch said she appreciates that Goldstein reaches out to supervisors to commend attorneys who impress him, reinforcing a culture of excellence in his courtroom.
Deputy Public Defender Olesya O. Adams said the judge fosters a learning environment that has made him "respected and liked by both sides. He quickly identifies any issues with cases and encourages attorneys to be fully prepared. Even when attorneys fall short, his feedback motivates them to improve."
"Don't be afraid to state your argument, even if he disagrees," advised Deputy District Attorney Chantal L. De Mauregne, "but make sure you have the law to back up your position."
While he enjoys interacting with attorneys, Goldstein said he maintains a distance from some of his peers, preferring not to attend judicial functions, for instance. "I'm a little too edgy and wild. I don't wear my robe after work," he said. He prefers being called "Dan" outside the courthouse, rather than, "Your Honor."
His aversion to other bench officers extends to the Court of Appeal. "I don't care about the people in the Ivory Tower, and I get reversed every once in a while," he said. "I mean, what do I care? Like, I got reversed on this case where this sheriff's deputy [Richard Fischer] was groping all his arrestees. He wasn't like sexually groping them, but he insisted on hugging them and every once in a while, grabbing their asses. He did it to about 30 women."
Initially, Fischer was released early due to a miscalculation of his time served. However, the 4th District Court of Appeal later ruled that the credits for his pre-trial home detention were awarded in error. As a result, Fischer was ordered back to jail to complete his sentence.
The case took two years to resolve. "I finally took a plea: four years, four months in the joint. And he wants to appeal the sentence, and I said, 'OK, you can appeal your sentence but I'm putting you in custody. You know you're danger, right?' And I got reversed by the 4th [District Court of Appeal] on Humphrey, saying that I didn't make enough of a factual finding."
Because of the appellate ruling, Fischer's sentence did not include a requirement to register as a sex offender, based on psychiatric evaluations that suggested his actions were driven by an emotional motive structured around power rather than sexual pathology.
"OK, if they want to let this molester out that's their business, right? I did my job. I put him in the bucket. So, they want to reverse me? Have at it, guys. I just don't care. I mean, you deal with the voters if something happens to somebody. I'm not going to live my decisions looking in a rearview mirror," the judge continued.
"I'm really not worried about getting reversed," he concluded. "They want to reverse me? Fuck 'em."
In his chambers with a spectacular view of Coronado Bay, Goldstein keeps just one framed parchment: His degree from Moorpark Community College. But for that experience, he might have been on the other side of the dock in a criminal court. "I was a troubled kid ... doing drugs," he recalled.
"That saved my ass. I became a paramedic because of that. You find another judge who's got a community college degree hanging up in their chambers," he quipped. "But I showed that to other defendants. I said, 'If you get one of these, I will make your priors go away. I will clean up your record. You think it's going to take you a year? I'm going to see you 12 times and at the end of that year you're going to show me your credential and you show me that, I'm going to wipe out your record.'"
One of his brothers, David M. Goldstein, is an attorney in Rancho Cucamonga. The judge credits him and his other sibling, now a surgeon, for looking after him. He also talked about his father, Fred Goldstein, a former Air Force colonel, a doctor and a jazz pianist who became a lawyer and passed the Montana Bar, but never practiced law.
"My father was also a really big guy. He was a domestic violence abuser. He was very violent, so I grew up in that shit," the judge said. "And my two older brothers, they went to college right away."
Before his father died, "He repented for his sins and I'm into forgiveness."
Here are some of Judge Goldstein's recent cases and the attorneys involved:
People v. White et al., SCD274477 -- conspiracy to riot
For the prosecution: Makenzie R. Harvey, William M. Hopkins, and Evan I. Andersen, district attorney's office
For the defense: Curtis L. Briggs, Oakland; John M. Hamasaki, San Francisco
People v. Alvarez, SCD288940 - murder, lying in wait
For the prosecution: Ramona McCarthy, district attorney's office
For the defense: Peter C. Blair, Blair Defense Criminal Lawyers; Kerry L. Armstrong, San Diego
People v. Pedraza, SCS300393 - murder, kidnapping, extortion
For the prosecution: David T. Grapilon, district attorney's office
For the defense: Jill M. Cremeans, San Diego
People v. Shively, SCD284726 -- burglary, conspiracy, robbery
For the prosecution: James D. Koerber, district attorney's office
For the defense: Dan R. Cohen, San Marcos
People v. Harris, MH118407 -- sexually violent predator
For the prosecution: Garrett L. Wong (former deputy district attorney, now a San Francisco County judge)
For the defense: Nancy K. Astifo, public defender's office