Judge Cynthia Valenzuela Dixon – Nominee to the U.S. District Court for the Central District of California

A judge in California’s specialized State Bar Court, Valenzuela has been tapped for a seat on the Central District of California.

Background

Born in 1969, Valenzuela received her B.A. from the University of Arizona in 1991 and a J.D. from the University of California Los Angeles Law School in 1995. Valenzuela then spent three years as Special Assistant to the U.S. Commission on Civil Rights and an additional three as a trial attorney with the U.S. Department of Justice Civil Rights Division.

In 2000, Valenzuela became an Assistant U.S. Attorney for the Central District of California. In 2006, she left to become head of national litigation with the Mexican American Legal Defense and Educational Fund. In 2011, Valenzuela became a Criminal Justice Act Supervising Attorney with the Central District of California.

In 2016, the California Supreme Court appointed Valenzuela to become a judge on the California State Bar Court, where she currently serves.

History of the Seat

Valenzuela has been nominated to the U.S. District Court for the Central District of California, to replace Judge Philip Gutierrez, who will take senior status on October 15, 2024.

Legal Experience

Valenzuela started her legal career working for the United States Commission on Civil Rights, where she worked as an advisor to the Vice-Chairman. She then spent two years as a civil rights attorney with the Department of Justice.

In 2000, Valenzuela became a federal prosecutor in the Central District of California. Among her notable cases as a federal prosecutor, Valenzuela prosecuted a health care fraud case ending in an 18 month sentence. See United States v. Usanga, CR-04-273-LGB (C.D. Cal.) (Baird, J.). She also prosecuted a bank robbery case that resulted in a jury trial and conviction. See United States v. Ayers, CR 01-286-R (C.D. Cal.) (Real, J.).

From 2006 to 2011, Valenzuela worked at the Mexican American Legal Defense and Education Fund (MALDEF), where she served as the National Vice President of Litigation. Notably, Valenzuela represented students challenging the Tucson Unified School District’s school assignment plan as racially discriminatory against black and Mexican students. See Fisher v. United States, 549 F. Supp. 2d 1132 (D. Ariz. 2006) (Bury, J.).

From 2011 to 2016, Valenzuela managed the Central District of California’s indigent defense panel under the Criminal Justice Act, setting standards and monitoring counsel appointed for indigent defendants.

Jurisprudence

Since 2016, Valenzuela has served as a judge on the California State Bar Court, which allows her to preside over attorney disciplinary matters. In this role, Valenzuela presided over more than 100 bench trials involving attorney disciplinary proceedings.

Notably, Valenzuela ruled that attorney Benjamin Povone’s reference to a judge as “succubistic” did not warrant discipline as it was protected by the First Amendment. See Lawyer Draws One-Month Suspension for Potshots, Metropolitan News-Enterprise, Feb. 16, 2022, http://www.metnews.com/articles/2022/SUCCUBUSTIC_021622.htm. However, Valenzuela nonetheless recommended a one-month suspension based on filings that accused a judge of bias and partiality. See id.

Political Activity

Valenzuela has a handful of political contributions to her name, including donations to Presidents Obama and Biden, and to Governor Gavin Newsom.

Overall Assessment

Coming from a court primarily focused on issues of ethics rather than of regular litigation Valenzuela would bring a different background to the bench. Nonetheless, Valenzuela’s two decades of experience with criminal and civil litigation should give her the base needed to manage a docket as a trial judge.

Judge Michelle Williams Court – Nominee to the U.S. District Court for the Central District of California

For the past twelve years, Judge Michelle Williams Court has served on the Los Angeles County Superior Court. Judge Court has now been nominated for a promotion to the federal bench.

Background

Born in 1966, Court received her B.A. from Pomona College in 1988 and a J.D. from Loyola Law School in 1993. Court then spent a year at Gilbert Kelly Crowley & Jennett and a year at the ACLU of Southern California before joining Litt & Marquez.

In 1999, Court moved to the Department of Housing and Urban Development as a fellow and civil rights specialist and then spent two years at Milberg, Weiss, Bershad, Hynes & Lerach.

In 2002, Court joined Bet Tzedek Legal Services, becoming Vice President and General Counsel. In 2012, she became a Judge on the Los Angeles County Superior Court, where she serves as supervising judge in the civil division.

History of the Seat

Court has been nominated to the U.S. District Court for the Central District of California, to a seat vacated on May 1, 2024, by Judge Dale Fischer.

Legal Experience

The first decade out of law school, Court moved between a number of different positions, both in private practice and in government. During this time, while at Litt & Associates, Court represented Julie Biggs, who filed a civil rights lawsuit against the City of Redlands, claiming that the City had threatened to cut ties with Biggs’ law firm as retaliation for the political activities of Biggs’ husband. See Biggs v. Best, Best & Krieger, 189 F.3d 989 (9th Cir. 1999). The Ninth Circuit reversed the denial of summary judgment based on qualified immunity. See id. at 997.

In 2002, Court joined Bet Tzedek Legal Services. While at the firm, Court represented amici in support of a City of Los Angeles ordinance preventing landlords of public housing from increasing rents on tenants after the Section 8 housing contract is terminated. See Apartment Ass’n of L.A. v. City of L.A., 38 Cal. Rptr. 3d 575 (Cal. App. 3d Div. 2006). Court also represented amici supporting a City of Santa Monica suit against a landlord for alleged violations of the health and building codes. See City of Santa Monica v. Gonzalez, 182 P.3d 1027 (Cal. 2008).

Jurisprudence

Since 2012, Court has served as a judge on the Los Angeles County Superior Court. In this role, Court has presided over trial court matters in criminal, civil, family, and other state law matters. Currently, Court presides in the civil division of the court. Notably, Court presided over a lawsuit brought by Kiara Belen, a model who alleged that the show Shahs of Sunset used her likeness without her permission. See Belen v. Ryan Seacrest Prods. LLC. et al., 65 Cal. App. 5th 1145 (Cal. App. 2d Dist. 2021). Court denied a motion to strike/dismiss the complaint under California’s anti-SLAPP law, which was largely affirmed by the Court of Appeals. See id.

Among her notable cases, Court granted summary judgment against claims brought by a man who fell over a retaining wall on a trail, significantly injuring himself. See Arvizu v. City of Pasadena, 21 Cal. App. 5th 760 (Cal. App. 2d Dist. 2018). Court ruled that the trail immunity statute barred the plaintiff’s claims and the Court of Appeals affirmed. See id. By contrast, the Court of Appeals reversed Court’s dismissal of product liability claims brought by plaintiffs alleging injuries from Memory Gel breast implants. See Mize v. Mentor Worldwide LLC, 51 Cal. App. 5th 850 (Cal. App. 2d Dist. 2020).

In another notable case, Court was reversed by the Court of Appeals where she denied a motion to compel arbitration in an employment dispute. See Alvarez v. Altamed Health Services Corp., 60 Cal. App. 5th 572 (Cal. App. 2d Dist. 2021). Similarly, in another case, Court was again reversed for refusing to enforce an arbitration contract as substantively unconscionable under California law. See Basith v. Lithia Motors, Inc., 90 Cal. App. 5th 951 (Cal. App. 2d Dist. 2021).

Overall Assessment

If confirmed, Court would join the federal bench with extensive experience with litigation as well as California law. That being said, she may draw questions in the confirmation process regarding her reversals from the Court of Appeals on issues of arbitration.

Judge Anne Hwang – Nominee to the U.S. District Court for the Central District of California

Judge Anne Hwang currently serves on the Los Angeles County Superior Court. If confirmed to the federal bench, Hwang would bring a background in litigation and in indigent defense to the bench.

Background

Born in 1976, Anne Hwang received a B.A. from Cornell University in 1997 and a J.D. from the University of Southern California Law School in 2002. After graduating, Hwang worked as a litigation associate at Irell & Manella LLP for four years and then became a federal public defender with the Central District of California.

In December 2018, Hwang was appointed to the Superior Court for Los Angeles County by Governor Jerry Brown, where she has served since.

History of the Seat

Hwang has been nominated to the U.S. District Court for the Central District of California, to a seat vacated on November 3, 2023, by Judge George Wu.

Legal Experience

Hwang started her legal career at the firm of Irell & Manella LLP. While at the firm, Hwang represented NBC Studios in a contract dispute with the production company Sander/Moses . See Sander/Moses Prods. Inc. v. NBC Studios, Inc., 48 Cal. Rptr. 3d 525 (Cal. App. 4th 2006).

Hwang spent the bulk of her career as a federal public defender based in Los Angeles. Notably, Hwang represented Veronica Garcia-Lopez who was convicted of illegally re-entering the United States after having previously been deported for trafficking 4.2 ounces of cocaine. See United States v. Garcia-Lopez, 691 F. Supp. 2d 1099 (C.D. Cal. 2010). Hwang was able to present sufficient mitigation to convince Judge Cormac Carney that the 41-51 month sentencing guidelines range was unduly harsh. See id. at 1101. Carney instead imposed a six month sentence on the defendant. See id. at 1105.

Jurisprudence

Since 2019, Hwang has served as a judge on the Los Angeles County Superior Court. In this role, Hwang presides over trial court matters in criminal, civil, family, and other state law matters. Notably, as a judge, Hwang dismissed a lawsuit brought against Los Angeles District Attorney George Gascon and the probation department by the families of an officer fatally shot by an individual previously prosecuted and given a plea deal by Gascon. Judge Finds Issues with Suit’s Breach of Mandatory Duty Claims, My News LA, Sept. 11, 2023, https://mynewsla.com/crime/2023/09/11/judge-finds-issues-with-suits-breach-of-mandatory-duty-claims/#google_vignette. Hwang nonetheless allowed the plaintiffs to amend their suit. See id.

Hwang has also been active in the Korean American community as a judge, speaking, for example as a Korean American Bar Association event on implicit bias in 2022.

Overall Assessment

Having practiced both civil and criminal law in the Los Angeles area for two decades at this point, as well as serving as a sitting state court judge, Hwang can be deemed to have the experience needed to be a U.S. District Judge. Nonetheless, Hwang’s nomination is likely to draw opposition based on her extensive experience in indigent defense, which has proved to be contentious in the confirmation process.

Judge Wesley Hsu – Nominee to the U.S. District Court for the Central District of California

Los Angeles based judge Wesley Hsu, a former federal prosecutor, has been tapped for the federal bench.

Background

Wesley Hsu got a B.A. degree from Yale University in 1993, and a J.D. from Yale Law School in 1996. After graduating, Hsu clerked for Judge Mariana Pfaelzer on the U.S. District Court for the Central District of California.

After his clerkship, Hsu joined Gibson, Dunn & Crutcher LLP. In 2000, he shifted to become a federal prosecutor with the U.S. Attorney’s Office for the Central District of California. He held that post until he was appointed to the state bench by Governor Jerry Brown in 2017. Hsu currently serves as a state judge.

History of the Seat

Hsu has been nominated to the U.S. District Court for the Central District of California, to a seat vacated on February 14, 2022, by Judge Virginia Phillips’ move to senior status.

Legal Experience

Hsu started his legal career at the firm of Gibson, Dunn & Crutcher LLP.

Hsu worked at the U.S. Attorney’s Office between 2000 and 2017, working as chief of the cyber crimes and property crimes section between 2008 and 2015 and as executive assistant U.S. attorney between 2015 and 2017. Hsu prosecuted Andy Garcia for hacking into the network of ViewSonic, a company that manufactures monitors. See Larry Dignan, Who Can You Trust?; Disgruntled Insiders Have Always Been the Biggest Threat to Your Network. But Now Geopolitical Tensions Raise the Ante on Checking Backgrounds of Those You Think You Can Trust, Baseline, Mar. 1, 2003.

Notably, Hsu prosecuted Michael Barrett, who plead guilty for secretly filming ESPN reporter Erin Andrews while she was nude. See Greg Risling, Westmont Man to Plead Guilty in Nude Video Case, Chicago Daily Herald, Dec. 11, 2009. Hsu also prosecuted Gilberto Sanchez, who pirated the movie “Wolverine.” See Michael Wilson, How a Bronx Glass Installer Became the Web Pirate Who Leaked ‘Wolverine’, N.Y. Times, Jan. 13, 2010.

In one of his biggest cases, Hsu prosecuted Hunter Moore, who created the site IsAnyoneUp.com, which allowed for widespread publication and dissemination of “revenge porn.” See Fred Shuster, Man Pleads Not Guilty in Internet ‘Revenge Porn’ Case, City News Service, Feb. 7, 2014. Moore was ultimately sentenced to two and a half years in prison. Doug Bolton, ‘King of Revenge Porn’ and IsAnyoneUp Owner Hunter Moore Given Two and a Half Years in Prison; Moore’s Website Specialized in Posting ‘Revenge Porn’ Pictures of People That Had Either Been Sent in by Ex-Partners or Stolen Through the Hacking of Victims’ Email Accounts, The Indepedent, Dec. 4, 2015.

Jurisprudence

Since 2017, Hsu has served as a judge on the Los Angeles County Superior Court. In this role, Hsu presides over trial court matters in criminal, civil, family, and other state law matters. Hsu is currently assigned to the Family Law Divison of the court.

Political Activity

Hsu has a couple of political contributions to his name, including one to State Controller John Chiang, a Democrat.

Statements and Releases

In 2014, Hsu was profiled in a Forbes article by Kashmir Hill. See Kashmir Hill, The Cyber Prosecutor Sending Nude-Photo Thieves to Prison, Forbes, July 31, 2014, https://www.forbes.com/sites/kashmirhill/2014/07/31/federal-prosecutor-nude-photo-hackers/?sh=80ab4c9ed6c2. The article discusses Hsu’s high-profile prosecutions, including those of Barrett and Moore. In the article, Hsu notes that he wanted to become a prosecutor after his parents were struck and injured by a drunk driver when he was a teenager. See id. Hsu also discussed his desire to be careful in prosecutions so as not to chill First Amendment activity, but also noted his hope to prosecute internet trolls to deter cyber-bullying. Id.

Overall Assessment

There is little in Hsu’s background that should complicate a comfortable confirmation. With a fairly conventional background, he should be confirmed relatively swiftly.

Monica Ramirez Almadani – Nominee to the U.S. District Court for the Central District of California

Monica Ramirez Almadani is the second Biden nominee to the Central District of California to have served as President of Public Counsel, after Judge Hernan Vera.

Background

A native Californian, Ramirez Almadani received a B.A. from Harvard University in 2001 and a J.D. from Stanford Law School in 2004.

After law school, Ramirez Almadani clerked for Judge Warren Ferguson of the U.S. Court of Appeals for the Ninth Circuit. She then joined the ACLU Immigrants’ Rights Project as a staff attorney. In 2009, Ramirez Almadani moved to the Department of Justice as counsel to Assistant Secretary Tom Perez and then as senior counsel and chief of staff for Deputy Attorney General James Cole.

In 2012, Ramirez Almadani moved to Los Angeles to be a federal prosecutor. Three years later, she shifted to the Attorney General’s Office, serving as a senior advisor to then Attorney General Kamala Harris.

In 2017, Ramirez Almadani joined Covington & Burling as a special counsel. She held that position until she became President of the public interest law firm Public Counsel.

History of the Seat

Ramirez Almadani has been nominated to the U.S. District Court for the Central District of California, to a seat vacated on April 1, 2022, by Judge John Kronsdadt.

Legal Experience

While Ramirez Almadani has held a variety of positions throughout her legal career, she has particularly made a name for herself in the field of immigration law. For example, she represented Juan Manuel Montes, a beneficiary of the Deferred Action for Childhood Arrivals (DACA) program, who sued the Trump Administration after he was deported. See Deported DACA Recipient Sues Trump Administration for Unlawfully Withholding Information, Targeted News Service, Apr. 18, 2017. Ramirez Almadani was the primary attorney in the suit under the Freedom of Information Act. See Ray Sanchez, Laura Jarrett and Rosalina Nieves, Judge Attacked by Trump Could Order Return of Deported Man, CNN.com, Aug. 23, 2017.

Ramirez Almadani also represented the California state legislature as amicus curiae in a Chicago suit challenging Attorney General Jeff Sessions’ conditioning of grants to the end of sanctuary city policies. See City of Chi. v. Sessions, 888 F.3d 272 (7th Cir. 2018). She was part of the legal team for the City of Los Angeles in another suit challenging the same policies under Attorney General Bill Barr. See City of Los Angeles v. Barr, 941 F.3d 931 (9th Cir. 2019).

Similarly, in her role as co-Director of the Immigration Clinic of the University of California, Irvine, Ramirez Almadani represented Kelvin Hernandez Roman, who sued the Orange County Sheriff’s Department for failing to comply with California sanctuary laws. See

Writings & Commentary

In her roles, Ramirez Almadani has frequently commented on the law in the media. For example, she criticized Republican John Cox’s statements on forcing homeless individuals to get mental health treatment. See Meghan Roos, Mental Health Experts Assail John Cox’s Plan to ‘Force’ Homeless Into Treatment, Newsweek.com, June 29, 2021.

In 2022, Ramirez Almadani was Berkeley Law’s graduation ceremony speaker. See Staci Zaretsky, Law Schools Are Bringing Out the Best Legal Names as Speakers for In-Person Graduation Ceremonies, Above the Law, May 11, 2022.

Overall Assessment

Of all the pending California nominees, Ramirez Almadani is likely to draw the most opposition. Republicans will likely object to her work at the ACLU and in suing the Trump Administration. Nonetheless, the expanded Democratic senate majority should be sufficient to confirm her.

Judge Sherilyn Peace Garnett – Nominee to the U.S. District Court for the Central District of California

U.S. District Judge Barry Moskowitz has had luck placing his clerks under the Biden Administration. After Judge Jinsook Ohta, Judge Sherilyn Garnett has now been nominated to the federal bench.

Background

The 52 year old Garnett attended the University of California Riverside, getting a B.A. with honors in 1991, She then received a J.D. from Harvard Law School in 1995.

After law school, Garnett joined the Chicago office of Altheimer & Gray as an associate before clerking for Judge Barry Moskowitz on the U.S. District Court for the Southern District of California. After a year at the Los Angeles Office of Arnold & Porter, Garnett became a federal prosecutor with the U.S. Attorney’s Office for the Central District of California.

In 2014, Governor Jerry Brown of California appointed Garnett to the Los Angeles County Superior Court. Garnett currently serves on the Court.

History of the Seat

Garnett has been nominated to the U.S. District Court for the Central District of California, to a seat vacated on November 4, 2018 by Judge Manuel Real, who the last judge appointed by President Lyndon B. Johnson still serving in active status when he left the bench.

On August 28, 2019, President Trump nominated Rick Richmond, a longtime leader in the Federalist Society, to fill this vacancy. However, Richmond never received a hearing before the Senate Judiciary Committee, and the seat was left open at the end of the Trump Administration.

Legal Experience

Garnett spent the vast majority of her pre-bench legal career as a federal prosecutor. Among the matters she handled, Garnett prosecuted Dana Christian Welch, who was sentenced to 30 months of federal prison for shooting lasers into the cockpits of commercial airliners about to land, causing “flash blindness” in the pilots. See Press Release, Federal Bureau of Investigation, Los Angeles Field Office, Orange County Man Who Fired Lasers at Commercial Aircraft Sentenced to 2.5 Years in Federal Prison, Nov. 3, 2009. Garnett also prosecuted Billy Cottrell, a former Caltech graduate student convicted of participating in a conspiracy to firebomb over 130 vehicles as an act of ecoterrorism. See Nathan McIntire, Judge Orders Former Caltech Grad Student to Serve At Least 18 More Months in Federal Prison, Pasadena Star News, Nov. 16, 2009.

Judicial Experience

Since 2014, Garnett has served as a judge on the Los Angeles County Superior Court. In this role, Garnett presides over trial court matters in criminal, civil, family, and other state law matters.

Statements

While Garnett has been fairly reticent throughout her career, she was quoted in a number of articles during a 2013 government shutdown caused by a conflict between the Obama Administration and Congressional Republicans. See, e.g., Ian Lovett, Unable to Take Care of Business in L.A., N.Y. Times Blogs, Oct. 1, 2013. In the articles, Garnett was sharply critical of Congress for the burden they placed on government employees, calling their lack of action “really stupid.” See id.

Overall Assessment

As a state judge with a background as a prosecutor, Garnett could attract bipartisan support for confirmation. While some lawmakers may raise eyebrows with her willingness to call their actions “stupid”, it is unlikely that those comments will derail an otherwise smooth confirmation.

Judge Sunshine Sykes – Nominee to the U.S. District Court for the Central District of California

The first native american judge on the California state bench, Judge Sunshine Sykes looks likely to break barriers on the federal bench as well.

Background

Born on the Navajo Nation Reservation in Arizona in 1974, Sykes attended Stanford University, getting a B.A. in 1997. She then received a J.D. from Stanford Law School in 2001.

After law school, Sykes joined California Indian Legal Services and then spent two years at the Southwest Justice Center and the California Department of Social Services. In 2005, Sykes joined the County Counsel’s Office in Riverside County.

In 2013, Governor Jerry Brown of California appointed Sykes to the Riverside County Superior Court. She currently serves on the Court.

History of the Seat

Sykes has been nominated to the U.S. District Court for the Central District of California, to a seat vacated on March 3, 2020 by Judge James Selna. The Trump Administration did not nominate a candidate for this vacancy before the end of the Presidency.

Legal Experience

Sykes started her career working for California Indian Legal Services. She then spent two years with the Southwest Justice Center and the California Department of Social Services, where she served as an attorney for juvenile offenders. See County Attorney Appointed to Judicial Seat, City News Service, Dec. 5, 2013. See, e.g., Leland L. v. Superior Ct. of Riverside, 2004 Cal. App. Unpub. LEXIS 2871 (Mar. 30, 2004).

From 2005 to 2013, Sykes worked as Deputy County Counsel in Riverside County, working on writing ordinances, vetting documents, and representing the county in judicial proceedings.

During her time as County Counsel, Sykes saw her name in a discrimination suit, where the plaintiff alleged that his colleague responsible for the discrimination developed a dislike for him because he protested against an adulterous relationship she was engaged in with Sykes’ then-boyfriend. See Rodriguez v. Cal. Rural Legal Assistance, Inc., Case No. ED CV 13-958-JFW, 2014 WL 3900234 (C.D. Cal. June 30, 2014). The suit was ultimately dismissed by U.S. District Judge John Walter, after U.S. Magistrate Judge Sheri Pym found the affidavits involving the extra-marital relationship to be irrelevant. See id.

Judicial Experience

Since 2013, Sykes has served as a judge on the Riverside County Superior Court. In this role, Sykes presides over trial court matters in criminal, civil, family, and other state law matters. At the time of her appointment, Sykes was the first native american state court judge in California. See County Attorney Appointed to Judicial Seat, City News Service, Dec. 5, 2013.

Among her notable cases from the bench, Sykes presided over a suit against Monster Beverage Corp. by a man who accused the beverage of causing his heart attack. See Mike Curley, Appeals Court Upholds Verdict in Monster Heart Attack Case, Law 360, Mar. 26, 2021. Sykes bifurcated the trial between causation and damages, and the jury unanimously found for Monster, a verdict upheld on appeal. See id. Sykes also presided over a lawsuit brought by the families of three girls allegedly molested at Liberty Elementary School. See School District Settles Suit Arising From Alleged Sexual Abuse of Students, City News Service, Dec. 3, 2018. The suit ended in a $6.2 million settlement.

Statements

Sykes has spoken out on the need for greater diversity in the legal profession and, in particular, the prejudice she has faced for being Native American. See, e.g., Diverse Judges Share Paths to Bench, Advise Young Lawyers, U.S. Official News, Feb. 9, 2016. In a 2016 panel with the American Bar Association (moderated by U.S. District Judge J. Michelle Childs), Sykes noted that her re-election appointment had indicated that she was not qualified to be a judge because she was Native American. See id.

Overall Assessment

As a state judge with nearly a decade of experience and little controversy during her tenure, Sykes should have little trouble retaining the Democratic support she would need for confirmation.

Judge Kenly Kato – Nominee to the U.S. District Court for the Central District of California

On October 8, 2017, Judge Beverly Reid O’Connell, a federal judge in Los Angeles, unexpectedly and tragically passed away after collapsing in a middle of a speech to the California State Bar. Her seat still sits vacant to this day, with the nomination of U.S. Magistrate Judge Kenly Kato being the Biden Administration’s first attempt to fill it.

Background

Kenly Kiya Kato got her B.A. summa cum laude from the University of California Los Angeles in 1993, and a J.D. cum laude from Harvard Law School in 1996. After graduating, Kato clerked for Judge Robert Takasugi on the U.S. District Court for the Central District of California before joining the federal public defender’s office in Los Angeles.

In 2003, Kato returned to private practice, and worked as a solo practitioner for ten years.

In 2014, Kato was selected as a U.S. Magistrate Judge for the U.S. District Court for the Central District of California

History of the Seat

Kato has been nominated to the U.S. District Court for the Central District of California, to a seat vacated on October 8, 2017 by the untimely death of Judge Beverly Reid O’Connell.

On November 21, 2019, the Trump Administration nominated U.S. Magistrate Judge Steve Kim, a colleague’s of Kato. However, Kim never received a hearing before the Senate Judiciary Committee and his nomination expired at the end of the Trump Administration.

Legal Experience

Kato started her career as a federal public defender, representing indigent defendants in the U.S. District Court for the Central District of California. Among her clients, Kato defended Steven and Philip Alexander, brothers who allegedly flashed white power signals and harassed a white woman walking with her black fiance and biracial sons. See David Houston, Hate Crimes, City News Service, July 13, 1999. She also represented Desmond Abraham, a cruise ship worker accused of sexually assaulting two female passengers, when prosecutors declined to proceed to trial on the charges due to a lack of evidence. See Matt Krasnowski, Sexual Assault Charges Dropped Against Cruise Ship Workers, Copley News Service, May 23, 2000.

Kato also represented clients on appeal, successfully persuading the Ninth Circuit to order the dismissal of charges against her client on the grounds that the trial judge erred in ordering a mistrial and that her client’s Double Jeopardy rights would be violated by a retrial. United States v. Bonas, 344 F.3d 945 (9th Cir. 2003).

Jurisprudence

Since 2014, Kato has served as a U.S. Magistrate Judge in Los Angeles. In this role, she presides over settlement, preliminary hearings, bail, and any cases where the parties consent to her jurisdiction. Among the matters she has handled as a magistrate judge, Kato recommended that an inmate’s civil rights claim for violations of privacy be dismissed, noting that the inmate had failed to establish that the violative conduct alleged rose to the level of a constitutional violation. See Morris v. CDCR, 2017 U.S. Dist. LEXIS 71473 (C.D. Cal. Mar. 13, 2017).

In a benefits case, the Ninth Circuit affirmed Kato’s ruling remanding the case back to the Administrative Law Judge after finding error instead of awarding benefits to the petitioner. See Brandon v. Saul, 821 F. App’x 857 (9th Cir. 2020).

Political Activity

Kim has a few political contributions to her name, including a $1000 contribution to the Kerry for President campaign in 2004.

Statements and Writings

As a law student, Kato coauthored a review discussing the political and cultural status of Asian Americans. See Perry S. Chen and Kenly Kiya Kato, The State of Asian America: Activism and Resistance in the 1990s, 30 Harv. C.R.-C.L. L. Rev. 279 (Winter 1995). In the paper, Kato discusses the essays from the book “The State of Asian America” and notes that the essays reinforce the need for the Asian American community to self-advocate without falling into pre-existing stereotypes imposed by the political right and left. See id.

Overall Assessment

Judge Kato’s career threads the needle between the more unconventional nominees sought by the White House and the more traditional candidates picked by California’s senators. As such, Kato is likely to see a comfortable confirmation.

Judge Fred Slaughter – Nominee to the U.S. District Court for the Central District of California

The son of former college basketball star and notable sports agent, Judge Fred Slaughter has made a name for himself in the Southern California legal field, and is now poised for confirmation to the Central District of California.

Background

Fred W. Slaughter got a B.A. degree from the University of California, Los Angeles in 1996, and a J.D. from U.C.L.A. School of Law in 1999. After graduating, Slaughter joined the Los Angeles City Attorney’s Office as a Deputy City Attorney.

In 2002, Slaughter joined the U.S. Attorney’s Office for Central District of California as a federal prosecutor. In 2014, he was named by Gov. Jerry Brown to the Orange County Superior Court, where he currently serves.

History of the Seat

Slaughter has been nominated to the U.S. District Court for the Central District of California, to a seat vacated on July 5, 2019, by Judge Andrew Guilford. The Trump Administration never made a nomination to fill this vacancy. Slaughter was nominated on December 15, 2021.

Legal Experience

Slaughter started his legal career as a Deputy City Attorney with the City of Los Angeles, where he led prosecutions against bandit taxi cab drivers, who operated without city licenses. See Tax Fraud, City News Service, Feb. 7, 2001.

While Slaughter held a number of legal positions throughout his career, the primary focus has been as a federal prosecutor with the U.S. Attorney’s Office for the Central District of California.

As a federal prosecutor, Slaughter prosecuted Magdaleno Ramirez-Banuelos for transporting over 50 pounds of marijuana in a backpack. See Mexican Citizen Sentenced for Marijuana Related Felony, U.S. Fed News, May 14, 2004. He also prosecuted David Patrick Williams, a white supremacist, for providing a firearm to a felon. See Founding Member of White Supremacist Organization, European Kindred (EK) Gang, Pleaads [sic] Guilty in Federal Court to a Firearms Offense, States News Service, Aug. 10, 2009.

Jurisprudence

Since 2014, Slaughter has served as a judge on the Orange County Superior Court. In this role, Slaughter presides over trial court matters in criminal, civil, family, and other state law matters. Among the notable matters that he presided over as a judge, Slaughter found a juvenile defendant guilty of five counts of felony vandalism, by using average calculations of damage from the graffiti to be over $400 per count. See In re A.W., 39 Cal. App. 5th 941, 944 (2019). The California Court of Appeals reversed, finding that there was insufficient evidence to prove beyond a reasonable doubt that the damage from each count was over the $400 threshold, and remanded, ordering Slaughter to find the juvenile guilty of misdemeanors instead of felonies. See id.

Overall Assessment

There is little in Slaughter’s background that should cause him issue during the confirmation process. As such, senators are likely to focus attention on other nominees and Slaughrer should be a relatively smooth confirmation.

Judge Hernan Vera – Nominee to the U.S. District Court for the Central District of California

Judge Hernan D. Vera currently serves on the Los Angeles Superior Court, a popular source for California judicial nominees. While his time on the bench is fairly brief, his extensive tenure at the pro bono firm Public Counsel is likely to bring scrutiny in evaluating Vera’s nomination to the bench.

Background

Hernan D. Vera got a B.A. with Distinction from Stanford University in 1991, and a J.D. from U.C.L.A. School of Law in 1994. After graduating, Vera briefly joined the Los Angeles office of O’Melveny & Myers before clerking for Judge Consuelo Marshall on the U.S. District Court for the Central District of California. He then spent a year as a staff attorney at the Mexican American Legal Defense and Educational Fund (MALDEF) before returning to O’Melveny.

In 2002, Vera joined the public interest law firm Public Counsel and became President and CEO in 2008. In 2015, he moved to become a Principal at Bird Marella P.C.

In 2020, Vera was named by Gov. Gavin Newsom to the Los Angeles Superior Court, where he currently serves.

History of the Seat

Vera has been nominated to the U.S. District Court for the Central District of California to a seat vacated by Judge Margaret Morrow on October 29, 2015. Despite the seat opening with more than a year left in the Obama Administration, the Administration did not put a candidate forward to fill the vacancy.

In October 2018, the Trump Administration nominated Jeremy Rosen, a Los Angeles based appellate attorney and longtime member of the Federalist Society. However, Rosen’s nomination stalled due to the opposition of California Senators, and he was never confirmed.

Legal Experience

While he started his career in private practice, Vera spent a significant portion at the public-interest law firm, Public Counsel, where he served as President and CEO. Among the matters he handled there, Vera sued the Hollywood (CA) Presbytarian Medical Center for “dumping” a paraplegic homeless man on skid row. See Lawsuit Says Hospital ‘Dumped’ Homeless Man, Healthcare Risk Management, Mar. 1, 2008. Vera also sued the Pasadena school district to allow foster children in group homes to attend school. Jennifer English, Suit Brought Against Pasadena School District on Behalf of Foster Youth, City News Service, June 27, 2006.

Since 2015, Vera has been a Principal at Bird Marella, largely focusing on commercial litigation. For example, Vera represented Defendants in a private fraud and breach of fiduciary duty lawsuit in the Central District of California. See Tatung Co. v. Shu Tze Hsu, 217 F. Supp. 3d 1138 (C.D. Cal. 2016). Vera also represented a Charter School in challenging tax assessments that are not levied against public schools. Los Angeles Leadership Academy, Inc. v. Prang, 46 Cal. App. 5th 270 (2020).

Jurisprudence

Since 2020, Vera has served as a judge on the Los Angeles Superior Court. In this role, Vera presides over trial court matters in criminal, civil, family, and other state law matters. Vera’s brief tenure does not reveal enough about a judicial philosophy.

Writings and Statements

During his time at Public Counsel, Vera frequently wrote and spoke on the law. For example, in a 2012 column, Vera noted that the lack of comprehensive immigration reform leads to “rampant fraud” targeting immigrants. Hernan Vera, The Silent Casualties of Immigration Scams, Political Machine, May 18, 2012. He has also written in support of “access to justice” initiatives, noting that public interest lawyers perform an important role by offering free legal service to the underserved. See Hernan D. Vera, Closing Argument: Looking for Big Solutions For Access to Justice in California, 37 Los Angeles Lawyer 68 (November 2014).

Additionally, Vera advocated in favor of a Los Angeles ordinance against predatory lending, James K. Hahn, L.A. Council Expected to OK Predatory Measure, American Banker, Dec. 4, 2002, and against a ballot proposition that would narrow multiple-plaintiff lawsuits in California to class suits. Steve Lawrence, Targets of Unfair Competition Law Try to Make It Tougher to Use It, A.P. State & Local Wire, July 8, 2004.

In 2014, Vera awarded former First Lady and Secretary of State Hillary Clinton with Public Counsel’s William O. Douglas award, noting that Clinton “embodies the very highest American values of civic engagement and public service.” Hillary Rodham Clinton Signs Books, Receives Award During L.A. Visit, City News Service, June 19, 2014.

While at Bird Marella, Vera was critical of cooperation between the Los Angeles County Sheriff’s Department and ICE, stating: “…people should know that [the Sheriff’s Department is] working for them only, and not for Immigration and Customs Enforcement.” See City News Service, Inc., Watchdog Group Wants Sheriff’s Department to Freeze Out ICE, Nov. 16, 2018 (quoting Hernan Vera).

Overall Assessment

As a longtime public interest lawyer with extensive experience with commercial litigation as well, Vera would be able to hit the ground running as a trial judge. Nonetheless, his nomination is likely to attract opposition for his long history of civil rights litigation, as well as potentially over his praise of Hillary Clinton.