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| Author | Mark Thompson/Elizabeth Smith |
| Pages | 11-43 |
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PROFILES
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ABBOTT, David W.
Temperament/Demeanor
Most interviewees praised Judge Abbott’s temperament.
Several described it as “excellent,” “good,” “pleasant” and
“very calm and collected.” Only one interviewee provided a
somewhat mixed comment by saying, “Judge Abbott is both
calm and confrontational.”
Intelligence/Knowledge
A majority of the attorneys interviewed described Judge
Abbott’s legal acumen as either “very good” or “good.” Others
opined, “Judge Abbott’s legal knowledge is at the top. He’s
very, very bright” and “It’s average.” One attorney provided
a more specific response and said, “Judge Abbott’s legal
knowledge is very good in regards to civil cases but he’s still
on a learning curve when handling criminal cases.”
On Motions
Most interviewees said Judge Abbott’s courtroom man-
agement style is either “somewhat relaxed” or “reasonably
relaxed.” Other attorneys said, “His style is good. He lets
attorneys try their cases” and “Judge Abbott is firm but fair
and has a good sense of humor.” All of the interviewees said
Judge Abbott is courteous to all who enter his courtroom.
Every attorney said this jurist usually takes the bench on
time. As some said, “He’s prompt” and “Judge Abbott is
about average” in this area.
On Trial
All of the lawyers interviewed said Judge Abbott listens
closely to their arguments. A majority of the interviewees
said this jurist usually keeps an open mind. However, some
voiced their doubts by saying, “I’m not sure [if he keeps an
open mind]” and “He doesn’t always [keep an open mind].”
Several interviewees said Judge Abbott’s courtroom atmo-
sphere is either “very professional” or “professional.” Others
described the court’s atmosphere as either “comfortable” or
“pretty comfortable.” The remaining attorneys opined, “The
atmosphere is attorney-friendly” and “Judge Abbott doesn’t
tolerate any bickering between attorneys.” Interviewees
seem basically pleased with Judge Abbott’s ability to expedi-
tiously move matters through his courtroom. Several of them
described the pace as “appropriate.” One of them added,
“He’s patient.” Another said the pace is “average.” One final
attorney opined, “Judge Abbott moves cases faster [than his
peers]. But he gives you adequate time” to put on your case.
Most interviewees said Judge Abbott is capable of handling
complex criminal cases. One attorney provided a somewhat
more detailed response, saying, “I don’t’ think Judge Abbott
is ready yet to handle complex criminal cases. But he abso-
lutely can handle complex civil cases.” When handling his
discretionary sentencing duties, a majority of the interview-
ees said Judge Abbott is “fair.” However, others disagreed
and opined, “He’s a little tough” and “He’s tough.”
Continuances
Most interviewees said Judge Abbott is “reasonable”
about granting continuances based upon demonstrated good
cause. Another attorney opined, “He acts fair and appropri-
ately” when asked to grant continuances.
Settlement
Judge Abbott’s settlement and negotiating skills were
ranked as “excellent” by some interviewees. Others said his
negotiating skills are either “average” or “better than aver-
age.” A few interviewees also said this jurist is “proactive”
about helping attorneys settle their cases.
Proclivities
Almost every interviewee praised Judge Abbott’s objec-
tiveness. Comments included, “He’s fair,” “He’s impartial”
and “Judge Abbott is fair and neutral.” Only one interviewee
complained and said, “Judge Abbott leans slightly toward
the D.A.”
Summary
Additional comments include: “Judge Abbott is an excel-
lent judge,” and “He’s a good guy. I think very highly of him.”
Interviewees seem to respect Judge Abbott’s strong legal
knowledge, overall fairness and willingness to listen closely
to their arguments. (04H)
FROM THE BENCH
Judge Abbott graciously responded to written questions
regarding his courtroom preferences and procedures.
When asked about his participation in attorneys’ pre-trial
settlement negotiations, he said, “I am always involved in
[them when counsel so stipulate].” Once proceedings begin,
all motions do not need to be submitted in writing. However,
Judge Abbott said, “Written motions [are] preferred...if you
have specific authorities you want the court to consider.”
This jurist does not require attorneys to bring a proposed
Order to court indicating the specific relief they are seeking.
Although Judge Abbott usually does not question witnesses
extensively, he does tend to conduct more than half of the
voir dire proceedings “in criminal cases.” Judge Abbott
generally issues tentative rulings. Lawyers do not need
to request this jurist’s permission before approaching the
bench, a witness, or exhibits, “unless [there is a] witness...
under 18.” Speaking objections are not allowed in his court-
room. Judge Abbott prefers, but does not require trial briefs
in all cases before him.
ABDALLAH, George Joseph, Jr.
Temperament/Demeanor
Attorneys gave Judge Abdallah’s demeanor mixed reviews.
Those who liked it said, “He’s businesslike and reserved”
and “[He’s] businesslike.” Others were more troubled by the
jurist’s demeanor and opined, “It varies,” “It’s often rigid,”
“He’s so overly strict that it makes you uncomfortable,” and
“He’s formal and a bit rigid.” This last lawyer added, “But
outside the courtroom, he’s warm and personable.”
Intelligence/Knowledge
Members of the bar seem to be impressed with Judge
Abdallah’s legal knowledge. Nearly all of them said, “It’s
above average” or “It’s excellent.” The only other response
was, “It’s average.”
On Motions
Nearly every lawyer referenced the formality or rigidity of
Judge Abdallah’s courtroom management style. Comments
included: “It’s formal”; “It’s formal, yet somewhat flexible”;
“It’s rigid and formal”; “It’s very strict”; and “It’s somewhat
formal.” Only one lawyer disagreed with the majority and
said Judge Abdallah’s management style is “relaxed.” Most
of the attorneys said this jurist is always polite to those who
appear in front of him. Only one lawyer provided a slightly
different perspective when he said, “[He’s] usually [polite],
but not always.” Lawyers also said Judge Abdallah generally
takes the bench on time. However, one of them noted that
this judge isn’t very understanding when an attorney runs
late. He said, “Yes [he takes the bench on time]. But if you’re
late, you’d better have your checkbook with you!” Half of the
attorneys used the word “professional” when describing this
judge’s courtroom atmosphere. Another lawyer said, “It’s
very comfortable.” However, two lawyers contrarily opined,
“It’s professionally tense” and “It just depends on the facts
of each case.”
On Trial
Two interviewees said Judge Abdallah usually keeps an
open mind and listens closely to their arguments. Others
voiced concern that he “makes his mind up a bit too early.”
Those familiar with how Judge Abdallah handles jury trials
said he interacts well with jurors and keeps an open mind
regarding requests for special jury instructions. Only one law-
yer said he thinks Judge Abdullah is “fair” when he sentences
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8Abinanti California Judge Reviews
defendants. All of the others voiced various levels of concern.
Comments included, “He’s harsher than average”; “He’s
tough”; “He’s a little tough, but he’s not a ‘hanging judge;’”
and “He’s between tough and harsh.” Most attorneys seem
pleased with how fast this judge moves cases. The majority of
them either said he moves them somewhat “faster” than his
peers or praised his “very efficient” pace. Another lawyer said
Judge Abdallah moves cases at an “average” pace.
Continuances
Only two attorneys said a lawyer has an “average” chance
of getting Judge Abdallah to grant a continuance based upon
good cause. The more negative responses included, “He’s
less likely” to grant one than his peers, “He will reluctantly
grant one for good cause,” and “He’s a little less likely” to
grant one than the other judges.
Settlement
Most of the attorneys said they are satisfied with Judge
Abdallah’s settlement and negotiating skills and described
them as either “strong” or “average.” However, one lawyer
disagreed and opined, “He’s got below average skills when it
comes to settling cases.”
Proclivities
Attorneys voiced mixed opinions regarding Judge
Abdallah’s overall impartiality. Half of them said, “He’s fair.”
The others said, “He’s law enforcement oriented,” “He leans
heavily toward the prosecution” and “[He leans] slightly
toward the prosecution.”
Summary
Lawyers hold mixed opinions regarding Judge Abdallah’s
overall fairness and nearly all of them complained about
the tough sentences he imposes upon defendants. However,
most of the attorneys said they are impressed with Judge
Abdallah’s legal knowledge and polite manner when interact-
ing with everyone who appears in front of him. (01E)
ABINANTI, Abby
Temperament/Demeanor
Commissioner Abinanti is assigned to juvenile depen-
dency matters, an assignment that attorneys seem to agree
is especially difficult. Attorneys had positive comments
on her courtroom style. “She’s professional and well pre-
pared.” “She’s well tempered for the bench. She can get
impatient with lawyers who are not prepared and don’t
know what they’re doing with their case, but she’s actually
good.” “She displays a decisive demeanor and is very good
at handling difficult, emotionally charged matters. Many
clients have serious emotional or drug-related problems and
Commissioner Abinanti is adept at defusing anger and calm-
ing disturbed people. It’s actually a talent.” “She likes to run
her courtroom efficiently, so she is business-like.”
Intelligence/Knowledge
Commissioner Abinanti received her law degree from the
University of New Mexico. She was appointed as a commis-
sioner by the San Francisco Superior Court Judges in
1994. Her career as a lawyer includes work for American
Indian communities throughout the state and the director-
ship of the Lesbians of Color Project for the San Francisco-
based National Center for Lesbian Rights. Attorneys rated
Commissioner Abinanti’s intelligence as high. They were
impressed by her grasp of the law and her ability to apply
it to juvenile dependency cases. “Commissioner Abinanti is
smart. She practiced in this area for a long time and she
knows the laws and the issues involved.” “I’d rate her intel-
ligence and her knowledge of the law highly. She keeps up on
the law.” “She’s very smart and she knows the law. She also
can apply it to the facts in a humanitarian fashion.”
On Motions
“I have always found Commissioner Abinanti well pre-
pared and knowledgeable.” “Commissioner Abinanti under-
stands the nuances of case law. She takes the time to read
the cases and your papers.” “She’s a very prepared bench
officer.” “She’s prepared to hear motions, and her rulings
usually follow the law.”
On Trial
Attorneys say that Commissioner Abinanti’s long practice
in the area of juvenile dependency probably accounts for her
competence. Many expressed confidence in her handling of
these matters. “Commissioner Abinanti, like the others who
do juvenile dependency matters, follows the system set out
by Judge Hitchens. The actual system changes and attor-
neys who are there for the first time should investigate its
current configuration. You have to find out how cases are
being sent out to the various commissioners.” The unique
and sensitive nature of this area of practice elicited com-
ments. “These are cases that involve, e.g., taking a child out
of the home. Commissioner Abinanti understands the issues
involved, from the perspective of the parents, the city/coun-
ty, etc. She can address it all.” “She does not like attorneys
to waste the court’s time, so have your case well-prepared.
Know what you want to get from each witness.” “During trial
Commissioner Abinanti is appropriately pro-active. She can
often ask a question that will clear up a matter.” “She’s more
pro-active than some judges.”
Continuances
Attorneys who practice in this area note that the restric-
tions on continuances, even with good cause, are tight in
juvenile dependency matters. “Say you have removed a child
from the home. You must have a timely hearing and the
judge does not always have discretion, even with good cause,
to grant a continuance so the county can better prepare its
case.” “She’ll try to give you a shot, but the system makes it
difficult sometimes.” “She’s reasonable.”
Settlement
“Commissioner Abinanti is good in the settlement set-
ting. She will make her views known and she usually has
sensible views. She does not hesitate to tell an attorney that
she thinks his or her client needs to rethink a position, and
she does not hesitate to tell the county when she thinks
they cannot make a case.” “Commissioner Abinanti has good
insights. I sometimes wish she would be more active with
those. Sometimes she leaves too much to the attorneys.” “I
think she approaches settlement on a case specific basis.
Sometimes she is very active in the process, sometimes not.
If someone is persisting in a view that cannot prevail, she
will tell you what she thinks.” “She’s very involved in these
discussions; she can settle cases.”
Proclivities
“Commissioner Abinanti tends toward candidness. That’s
a good thing in these cases.” “She has absolutely no procliv-
ity to favor one side or the other. She tries to reach the best
decision in each case.” “She’s pro-family, in a good way.”
Summary
Lawyers have this advice for those going into Commissioner
Abinanti’s court: “As always, be prepared. Be sure you have
checked out the current system of handling dependency mat-
ters. You may have to find out from Judge Hitchens’ court.”
“Know what you want before you go in. Make your point
once, clearly, and move on.” “Commissioner Abinanti has
no tolerance for the unprepared. She expects you to respect
your clients and represent them well. I’ve learned a lot about
how to handle my own clients from watching Commissioner
Abinanti work with them in court.” “Be prepared and know
this very specialized area of law. If you have been in a court
a while she will expect you to be very competent.” Attorneys
expressed a strong respect for this Commissioner. They feel
she handles a difficult courtroom situation with strength and
grace. (01B)
ABZUG, Michael D.
Temperament/Demeanor
Judge Abzug is “pleasant and he is approachable,” a
prosecutor said. A criminal defense attorney said, “He has a
pleasant demeanor. He tries to be accommodating.” A deputy
public defender, who had seen a sterner side to his person-
ality, said, “I get the impression that he is a no-nonsense
judge. He seems to have a fair temperament but I saw him
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Profiles Adams9
dress down a private defense lawyer, who he felt possibly
had not been forthcoming with the court recently.”
Intelligence/Knowledge
Judge Abzug is “bright” and is “probably in the upper
echelon of our judges,” one interviewee said. Another said,
“He knows the law.” A third interviewee said, “He is a bright
guy. He is good. Not everybody knows everything, but he will
go back and get the books and start reading.”
On Motions
In hearings on motions, Judge Abzug “will make a ruling
whichever way the law requires, whether for the prosecu-
tion or the defense. He is not biased at all one way or the
other,” one criminal defense attorney said. A second defense
attorney said, “He is fair. My motions were to vacate convic-
tions. With a lot of judges, you can tell they haven’t read
your papers but he had read everything. And he takes things
into consideration, like collateral issues. I found him to be
a good judge in terms of trying to reach the right result. He
is a good guy and he basically does what he thinks is fair,
regardless of what the DA says.” Another defense attorney
was less impressed with Judge Abzug. “When you want him
to make a ruling, in order for him to justify his ruling, he
sits there and pontificates and pontificates. I think that’s a
sign of someone who is somewhat afraid, at times, to make
a decision—when you have to justify your position by talk-
ing.” A deputy district attorney who commented about Judge
Abzug had no complaints. “He does like to have issues that
are going to arise to have been briefed in a written fashion,
and I had no problem with that. From my understanding, he
is very thorough and deliberate in approaching legal issues.
And, sometimes, he will even provide the parties ahead of
time with his tentative holding, which is a rare thing in
criminal court. I find that kind of refreshing, actually. You
know where you are and where you stand going in.” Two
other defense attorneys said that in hearings on motions, he
is “very judicious” and “very hands-off.”
On Trial
One attorney who had recently completed a trial before
Judge Abzug said, “He is really sharp. He’s fair-minded. He’s
a good guy. What else do you want in a judge?” Another attor-
ney with trial experience in his court said, “He expects you to
be prepared. He doesn’t suffer fools well.” An attorney who
had done extended preliminary hearings before him said, “I
think he is a very good judge. He can be accused of being
imperious, but I think he is smart and he is fair-minded. He
is methodical. He has been doing preliminary hearings, but I
think he is ready for a heavy felony trial court. I think he is
very good.” Another attorney who had also done preliminary
hearings before Judge Abzug and has been impressed said,
“I can imagine he would be just as good in trials as he is in
prelims. He is a very fair man, and it doesn’t matter what
you’re doing, [as long as] you’re fair. He is very bright, and he
doesn’t like games. He doesn’t like fooling around. He wants
to get right down to it. You should be prompt. He doesn’t like
people to be late for his court.”
Continuances
A deputy district attorney commenting on how Judge
Abzug handles requests for extensions of time said, “He
wants his cases to move but he is a little more flexible in
terms of scheduling than some of the other judges. If there
is an issue or problem, for instance with scheduling a wit-
ness, he is certainly willing to work with you, which is
appreciated.” A criminal defense attorney said, “I think he
is fair-minded. I think if you have a good reason, he will
go along with it.” Another criminal defense attorney said, “I
have never been in a situation where I have been denied or
[heard] him complaining about cases getting too old. That
seems to be a habit in Los Angeles County. But now with
all of the court closures and the budget closures, they are
going to be hoping that people continue their cases, because
if everyone announced they were ready for trial, this system
would collapse.”
Settlement
A criminal defense attorney who has been in Judge
Abzug’s court “quite a number of times” said, “I haven’t seen
him be proactive about settling cases, but I’m not saying he
doesn’t do it. That may be due to the fact that he has been
in the preliminary hearing court. Judges generally avoid
trying to be too proactive about settling at that level.” A
deputy public defender said, “I settled a case in his court.
He did not have a role in settling it, but he got involved and
questioned the DA about the case and I would say almost
interfered with the settlement. He was advising the DA. It
was probably proper because the DA was, I felt, neglecting a
certain issue to my benefit, and the judge became involved
with that.” A third defense attorney said that he has played
a useful role in reaching plea deals. “He knows the value
of a case because he was a very experienced litigator,” the
attorney said.
Proclivities
A prosecutor who commented about Judge Abzug had no
complaints about any biases on his part. Defense attorneys
noted that he was one of their own before he became a judge,
which isn’t always a good thing for the defense bar. As one
put it, “Most criminal defense attorneys do not make good
judges, but he is an exceptionally fair man. He is one of the
best.” Another defense attorney said, “Most former defense
lawyers make bad judges, and he is an old-time defense
lawyer. But I have nothing really bad to say about him. My
guess is he is not a pushover, one way or the other.” A third
defense lawyer agreed that he is “absolutely in the upper
echelon” of criminal court judges in the county, and is “kind
to defense attorneys.” One of the defense attorneys who com-
mented about Judge Abzug was more critical of him than
the others. “I found him to be a guy that just talks too much
and doesn’t need to,” that attorney said. “I just think that,
like most judges, he would like to make the popular decision.
He is not the kind of guy who is going to make the difficult
decision.” One other attorney disputed that assessment. “He
votes with his conscience more than looking over his shoul-
der at the consequences,” that attorney said.
Summary
Judge Abzug is pleasant, approachable, and bright, attor-
neys who interviewed about him said. While one interviewee
said he has a tendency to pontificate, and at times seems
afraid to make a decision, most interviewees said he will fol-
low the law in his rulings without regard to the consequenc-
es after listening to both sides. He sometimes gives tentative
rulings, which is rare in criminal court. Defense attorneys as
well as a prosecutor who commented about him said he is a
fair judge. Several interviewees placed him in the upper ech-
elon of criminal court judges in Los Angeles County. (13A)
ADAMS, John
Temperament/Demeanor
Judge Adams was elected to a judicial position that
opened up after the incumbent was convicted on child por-
nography charges. He had a law degree but virtually no expe-
rience as a practicing lawyer, and though his candidacy was
endorsed by the county Republican Party, he was virtually
unknown in the legal community. All interviewees were in
agreement that he is very congenial. “His is a nice guy. He is
a likable guy. I think he is a decent person, which is probably
consistent with what you would hear from others,” said one
attorney. “He is a very personable guy,” said a second inter-
viewee. A third interviewee, referring to the fact that he was
unknown before he took the bench, added, “He has turned
out to be a gem. He is really kind. He is the opposite of what
I thought he would be.” A prosecutor who has had several
misdemeanor trials in Judge Adams’ court agreed that he
“has very good judicial temperament” and is “very likable.”
Intelligence/Knowledge
Most interviewees were decidedly less impressed with
Judge Adams’ grasp of law. “I think he’s a bit of a dim bulb.
I don’t think his intellectual prowess is all that tremendous,”
said one. Another attorney who has handled several prelimi-
nary hearings in his court added, “He wasn’t super impres-
sive. I don’t think he has much background in criminal law.”
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