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| Author | Mark Thompson/Elizabeth Smith |
| Pages | 187-223 |
A–F
Profiles Dabney183
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-D-
D’OPAL, Faye
Temperament/Demeanor
Most interviewees shared positive comments regarding
Judge D’Opal’s demeanor. They said, “It’s professional,” “It’s
good” and “Judge D’Opal is pleasant and reserved.” Another
attorney agreed and opined, “She’s very thoughtful and very
respectful of [lawyers].” Only one litigator disagreed with
the others and opined, “Judge D’Opal has a flat affect and
appears to be slightly depressed—maybe because she’s still
growing into the job.”
Intelligence/Knowledge
Nearly all of the interviewees ranked Judge D’Opal’s
legal acumen as either “average” or “above average.” Other
comments included: “Judge D’Opal’s legal knowledge has
improved,” “What she doesn’t know she’ll look up” and
“Based on how long she’s been on the bench, I’d say Judge
D’Opal’s legal knowledge is above average.”
On Motions
Two lawyers described Judge D’Opal’s courtroom man-
agement style as “fairly efficient” and “very efficient.” Others
said this jurist’s style is “between formal and relaxed” and
“somewhat formal.” Another litigator said Judge D’Opal’s
style is “very flexible yet she stays in charge. I like her style.”
Every member of the bar said this judge is courteous to all
who appear in her courtroom. As one of them put it, “Judge
D’Opal’s very polite and rarely ever raises her voice.” All of the
litigators said Judge D’Opal usually takes the bench on time.
On Trial
Every interviewee praised Judge D’Opal for listening
closely to their arguments. They also said Judge D’Opal
usually keeps an open mind. Two of them added that you
can even change her mind with a really good argument.
Lawyers seem to like this jurist’s courtroom atmosphere.
They described it as “professional,” “neutral” and “appropri-
ate.” Others opined, “Her courtroom atmosphere is profes-
sional and comfortable. I like appearing in front of her” and
“It’s relaxed. I’m not afraid to go in there.” Nearly all of the
litigators said Judge D’Opal moves cases at either an “aver-
age” or “appropriate” pace. Another lawyer voiced a slightly
different opinion when he said, “Judge D’Opal moves things
a bit slower but it’s because she’s so thorough.” Most attor-
neys said this jurist is capable of handling complex criminal
cases. Only two lawyers voiced doubts when asked this
question. One of them simply responded, “I’m not sure she
can handle such cases.” However, one of the more positive
litigators said he believes Judge D’Opal can handle complex
criminal matters “because she prepares so well.” Members
of the bar said Judge D’Opal handles her discretionary sen-
tencing duties in either a “fair” or “very fair” manner.
Continuance
A majority of the interviewees said Judge D’Opal is “about
average” when it comes to granting continuances based upon
good cause. Another litigator opined, “She’s reasonable.”
Settlement
Most interviewees said the majority of jurists in Marin
County rarely get involved in helping lawyers settle their
criminal cases. Others simply said, “Judge D’Opal stays
reserved.” However, one lawyer disagreed and said, “Judge
D’Opal will help if asked and has average negotiating skills.”
Proclivities
A majority of the interviewees said Judge D’Opal issues
“fair,” “impartial” or “very fair” rulings and decisions.
Nevertheless, two attorneys disagreed and opined, “Judge
D’Opal leans slightly toward the D.A.” and “She leans mod-
erately toward the D.A.”
Summary
Additional comments included: “Judge D’Opal relates
well to jurors.” Furthermore, “They often tell me how much
they really like her.” Another litigator opined, “Judge
D’Opal is well prepared.” One final lawyer was a bit criti-
cal when she said, “I’m not sure Judge D’Opal’s the best
judge to hear domestic violence cases.” Most interviewees
said they like the way Judge D’Opal runs her courtroom,
handles her discretionary sentencing duties and interacts
with attorneys. (04H)
DABNEY, James
Temperament/Demeanor
One interviewee called Judge Dabney a “fabulous bench
officer” with “great demeanor.” Another concurred, calling
him “a very good judge. He’s pleasant, charming. He makes
you feel at ease. I can’t fault him for anything.” A third
interviewee had a gripe about his demeanor. “Sometimes
he will make comments that are a little bit inappropri-
ate. He’s very funny but sometimes it’s inappropriate
for a judge. He tends to joke a lot. Sometimes he makes
comments off the record that are a little inappropriate.” A
fourth interviewee refuted that criticism. “He has personal-
ity and he interjects it. But I don’t find that inappropriate.
A courtroom is a very tense place. Anything that lightens it
up, within bounds, I welcome.”
Intelligence/Knowledge
Interviewees had high praise for Judge Dabney’s grasp of
legal issues. “He has great knowledge of the law.” “He’s very
knowledgeable.” “He has very good knowledge about law.”
One interviewee explained that when Judge Dabney worked
in the district attorney’s office, he handled habeas litigation,
“so he really knows the law. He’s been reading cases for the
last five years, so he knows everything that’s going on. He
has great knowledge of the law.”
On Motions
His very good grasp of legal issues serves Judge Dabney
well in handling motions, interviewees said. But one inter-
viewee had a minor complaint. “He talks a little too much.
He could make his rulings a little shorter. But I think he’s
very cautious in his decisions, so he explains a lot. He makes
his record a little bit longer. But there’s no problem there.
He is great.” Another noted that he takes great care to craft
his rulings to suit each defendant, particularly in reaching
dispositions. “I think he looks at the human side of people
rather than just what the crime is. He’ll listen to whatever
evidence you have about the person, the person’s family,
what’s going on in their lives, and then makes judgments
on cases based on the particular circumstances. He’s really
open to listening to what’s going on in people’s lives.”
On Trial
Interviewees praised Judge Dabney’s skills as a trial
judge. “He’s very fair. He doesn’t get involved with making
objections for either side. He lets people try their cases,”
said one. Another called him an “excellent” trial judge. “He
will actually research the issues and he will actually con-
sider any information or cases that the lawyers give him.”
The associate of a third interviewee had recently tried a case
before Judge Dabney and “he said he got a very fair trial.”
Continuances
Interviewees called Judge Dabney “reasonable,” “good”
and “fair with continuances.” Another added that like other
good judges, Dabney might be tough on attorneys who have
a reputation for not getting their cases ready on time. “But
if you have a reputation for moving cases along and being
prepared and you ask for a continuance and you have a good
reason, you’re not going to have a problem.”
Settlement
One interviewee said Judge Dabney helps cases reach
dispositions because “he’ll try and work out alternative
sentences” that fit the peculiar circumstances of each
case. “He always gives people a chance for an alternative
sentence if it’s appropriate.” But another said that helping
the two sides reach agreement on a disposition is “one of
the things he really doesn’t do. It’s difficult to settle cases
with him,” the interviewee asserted. Others didn’t recall
Judge Dabney either helping or hurting the prospects for
an early disposition.
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A–F
184Dahlquist California Judge Reviews
Proclivities
All interviewees were in agreement that Judge Dabney is
fair to both sides, though he is regarded as tough on sen-
tencing. One defense attorney, who like Judge Dabney him-
self was a former prosecutor, said, “I would think if he was
going to err, he would err on the side of the people. But he’s
as fair as an ex-prosecutor can be.” Others insisted there is
no sign of any lingering affinity on his part for the prosecu-
tion. “He just calls them like he sees them. In a close call, he
doesn’t side with the prosecution.” “You would never know
he was a former DA because he’s extremely fair.” He’s “one
of the fairest judges around.” “I would say he’s very fair.”
It is in sentencing that a tendency to favor the prosecution
comes out, defense attorneys said. “Overall he’s fair,” said
one. “But in terms of sentencing, he tends to take certain
cases a little bit more seriously than he should.” Others
added, “He is tough on sentencing. He’s tough on probation
violations.” “As far as sentencing goes, I would say he is very
heavy handed for Downey. But fair.”
Summary
Most interviewees seem to regard Judge Dabney as an
outstanding jurist who is thoroughly versed in the law.
Though he is a former prosecutor and his sentences can be
stringent, he draws high praise from defense attorneys for
being fair to both sides. (01Z)
DAHLQUIST, Robert P.
Temperament/Demeanor
Most interviewees seem to like Judge Dahlquist’s court-
room temperament. A few of them described it as “profes-
sional.” Others opined, “It’s good” and “It’s very professional
and formal.” The one slightly dissatisfied attorney opined,
“Judge Dahlquist’s demeanor is now much better than it was
in the beginning.”
Intelligence/Knowledge
Some interviewees said Judge Dahlquists’s legal acumen
is “average” compared to that of his peers while others said
this jurist’s legal knowledge is “good” and “above average.”
One opined, “Judge Dahlquist is a brilliant guy—he has a
superior intellect.”
On Motions
A majority of the interviewees said Judge Dahlquists’s
courtroom management style as “somewhat formal.” Others
described his style as “appropriate” and “between formal and
relaxed.” Every interviewee praised this jurist for being courte-
ous to all who appear in his courtroom. In fact, one attorney
opined, “Judge Dahlquist is exceptionally polite.” All of the
lawyers interviewed said this jurist usually takes the bench
on time; a few of them said, “He’s about average” in this area.
On Trial
All of the interviewees said Judge Dahlquist usually lis-
tens closely to their arguments. Members of the bar shared
diverse opinions when asked if this jurist usually keeps an
open mind to their arguments. One of them said, “Yes, he
keeps an open mind.” Others responded, “Judge Dahlquists
tends to have a formulaic approach to cases” and “He some-
times makes his mind up a bit too early.” Another attorney
said he does not think Judge Dahlquist keeps an open mind.
One final lawyer said, “I’m not sure” if this judge keeps an
open mind. A majority of the interviewees described Judge
Dahlquist’s courtroom atmosphere as “professional.” Others
said this jurist’s departmental atmosphere is “comfortable
and professional” and “professional and attorney- friendly.”
Most litigators interviewed said Judge Dahlquist moves
cases at either an “average” or “appropriate” pace; however,
some of the interviewed attorneys said they think this jurist
moves matters “slower” than his peers. When asked if Judge
Dahlquist is capable of handling complex family law cases,
most lawyers said, “Yes.” Another attorney opined, “He can
probably handle complex cases.” One final litigator respond-
ed, “I’m not sure if Judge Dahlquist can handle complex
family law cases.” Every attorney said this jurist interacts in
a fair and compassionate manner with in pro pers.
Continuances
Most interviewees said you have an “average” chance of
getting Judge Dahlquist to grant a continuance once good
cause has been shown. Another attorney said this jurist
is “quite reasonable” about granting continuances. Only
one lawyer disagreed with the majority and opined, “Judge
Dahlquist is less likely” to grant a continuance than the
other family law judges.
Settlement
None of the attorneys felt qualified to evaluate Judge
Dahlquist’s negotiating skills since his current family law
calendar does not require him to use these skills.
Proclivities
Two male interviewees were quick to claim that Judge
Dahlquist may have a certain bias. As they put it, “Judge
Dahlquist has a very strong bias in favor of male litigants”
and “He appears to have a bias in favor of men”; however, all
of the other lawyers disagreed and opined, “Judge Dahlquist
is fair,” “He’s impartial” and “Judge Dahlquist tries to be fair.”
Summary
Most interviewees seem pleased with Judge Dahlquist’s
legal knowledge and courtroom demeanor. Although two
attorneys said Judge Dahlquist may be biased in favor of
male litigants, the majority said he usually issues fair rul-
ings and decisions. (04H)
FROM THE BENCH
Judge Dahlquist graciously responded to written questions
regarding his courtroom preferences and procedures. When
asked about his participation in attorneys’ pre-trial negotia-
tions, this jurist said he “generally does not become involved
in settlement issues except in cases assigned to him for settle-
ment conferences.” Once trials begin, motions generally do
not need to be submitted in writing. Judge Dahlquist does
not require attorneys to bring a proposed Order to court indi-
cating the specific relief they are seeking, except as required
by the applicable rules of court, but he prefers to be given a
proposed order. This jurist said he generally does not question
witnesses in jury trials but will sometimes question witnesses
in bench trials. He generally issues tentative rulings for most
motions. Lawyers need to request this jurist’s permission
before approaching the bench, a witness, or exhibits. Speaking
objections are generally not allowed in this courtroom. Judge
Dahlquist said trial briefs are requested in all cases before him
except criminal cases and routine or small civil cases.
DAILY, Douglas
Temperament/Demeanor
Judge Daily has “great judicial demeanor,” said one
interviewee. Another said, “In handling the cases, he has
developed a good attitude. He doesn’t berate anyone. He is
one of the best judges in terms of his attitude and sense of
patience. Some judges have a short temper. Others have a
sense of patience and can get the job done with a minimum
of blood on the ceiling. Daily is certainly one of those.” Two
other interviewees said Judge Daily “has been great on the
bench. He is just a good man,” and he is a “very nice, friendly
person.” A child dependency lawyer, who agreed with others
that he is “very patient,” recalled one time when he snapped.
“He scolded me once. He told me that I deserved it, but that
I would survive. That shows he has a sense of humor. He is
missed on this bench” in the family dependency department,
the attorney said. “He was well-liked.”
Intelligence/Knowledge
Judge Daily is “a smart guy” and “one of the best” on
knowledge of law, two interviewees said. Another added, “My
experience with him was that he was very bright, and he
was very intuitive.” One interviewee said Judge Daily proved
to be a quick learner in one of his first bench assignments.
“He is a former public defender, but they put him in the
child-support courtroom. He did that and restraining orders.
I appeared before him a number of times, and he brought
himself up to speed quite quickly on what was needed in that
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A–F
Profiles Dale185
courtroom,” the interviewee said. Some defense attorneys,
however, said Judge Daily was slow to adapt to the role of a
judge after spending so many years in the public defender’s
office, and was sometimes reluctant to take a stand. “We
don’t begrudge him that because he is still new to the
bench,” said one defense attorney, who, like others, expected
that Judge Daily would get better with more experience.
On Motions
Two prosecutors had no complaints about Judge Daily’s
rulings. “I don’t always agree with his decisions or how
he interprets the Evidence Code, but he is always fair. He
always listens to both sides, and always tries to make the
right decision. At the end of the day, that’s all you can ask
for in a judge,” said one. Another prosecutor added, “He will
research the law. He will listen. And everything I have seen
suggests that he will be very fair.” Though Judge Daily was
a long-time public defender before he was appointed first as
a commissioner and then as a judge, defense attorneys were
less enthused with his rulings in his early years on the bench.
But most were more than willing to give him the benefit of the
doubt, attributing his willingness on a few occasions to tilt too
far in favor of the prosecution to the process of learning a new
job and trying to get separation from his old way of looking at
cases. One interviewee said there have been a “couple of situ-
ations” where he has given the prosecution too much latitude.
“But we have to assume that a degree of overcompensation
at the beginning is something that has to be done,” said the
attorney, who added that Daily already “has matured” on the
bench, and is bound to get better. A second criminal defense
attorney made the same point. “We are delayed excited to have
him,” the attorney said, describing the judge as a promising
future prospect who is still a “freshman” at this point in his
career. “Eventually he will temper out,” the interviewee said.
“All we ever want a judge to do is the right thing, and we feel
that eventually, he’s going to get there.”
On Trial
Judge Daily is “a great trial judge,” a prosecutor said.
“He doesn’t get involved in the trial. He doesn’t interject. He
doesn’t put his personality in the trial. He just sits there
and if there’s an objection, he rules. If you ask why, he tells
you, and he bases it on his reading of the Penal Code or the
Evidence Code or what have you.” The lawyer who appeared
before Judge Daily when he was handling the child depen-
dency calendar said the thing that stood out about him
was the ease with which he interacted with the litigants.
“The bulk of the cases are self represented litigants, and he
would let them speak and get their views across. He was very
patient in that regard,” the attorney said. A criminal defense
attorney said Judge Daily is “a fair trial judge.” He is, how-
ever, “a pretty rough sentencer if you do get convicted of a
violent crime in front of him,” the defense attorney added.
“You are going to do serious time. You would think that
since he was a public defender, he would give you a little bit
of a break on some of that stuff, but it is not true.” By the
account of one interviewee, Judge Daily was not happy dur-
ing a stint in family court. “I don’t think he had a passion
for family law. It didn’t bother him when he was assigned to
another court,” the attorney said.
Continuances
Interviewees had no complaints about how Judge Daily
handles requests for continuances. “I’ve never had a problem
with that. It is not a problem at all,” one interviewee said.
A second agreed. “He’s accommodating to anyone with good
cause. He’s not going to give you a hard time about it.”
Settlement
Judge Daily, like all judges, wants cases to settle, said
one criminal defense attorney. But in his early years on the
bench, because of his inexperience, he was reluctant to wield
much influence, the attorney added. “He is obviously not as
proven as some judges, who will come in and put their big
foot on the case and get it taken care of. He is not as willing
to do that. He would rather let it play out in trial. Even if
everyone knows it’s going to be a defense verdict and we are
offering a compromise, he will let that play out to trial, at this
point,” the defense attorney said. Another defense attorney,
however, recalled a case in which Judge Daily proved to be
instrumental in getting a disposition. “I had a case recently
defending a contractor accused of practicing without a
license. The fines and fees on such a crime are astronomical,
which is ridiculous for working people. Judge Daily found a
way to mitigate some of those damages. In order to resolve
the case, he was willing to work with us. It was very effective
and very creative. My guy actually got licensed during the
pendency of the preceding, and Judge Daly took that into
consideration.” There are limitations on how creative a judge
can get in offering dispositions in criminal cases in Ventura
County, the attorney added, but to the extent that Judge
Daily can do so, “he is good in that way,” the attorney said.
Proclivities
One prosecutor who commented about Judge Daily
said, “I think he is probably one of the most fair judges in
the building.” He doesn’t “cater to the prosecution at all,”
the prosecutor added. “In fact, I think when he sentences
someone or makes offers to someone, his offers and his sen-
tencing is pretty much in line with most of the other judges
in the courthouse. I have done trials in front of him and I
thought I was going to get harsher sentences then I ended
up getting, but they certainly were fair, and certainly were
what any other judges in the building would give.” Another
prosecutor added, “I expect he is going to be a fair judge
for both sides. Everything I have seen so far in my cases
indicates that.” Some criminal defense attorneys who were
interviewed about Judge Daily offered unqualified praise
for him. “He is very fair, a very good judge.” “He is one of
the best.” “He is one of the most unbiased people I know.”
But another criminal defense attorney was not surprised by
praise from prosecutors. “I wouldn’t doubt that the prosecu-
tors have great things to say about him, but I don’t really
want to comment,” the attorney said. Another interviewee
confirmed that some defense attorneys have been a bit leery
of Judge Daily. “Generally, we are favorably impressed with
him,” said a deputy public defender. “But I think a percep-
tion that is commonly held, whether it is accurate or not, is
that a lot of public defenders feel that he tends to be a little
harsher. He wants to demonstrate that he is not going to be
pro-defense because that is a bad career move for judges.
So he has been maybe harsher than we would have liked on
a number of cases. That’s probably the reason he became a
commissioner. He convinced the panel that he would be law
and order.” None of that deterred the defender from appear-
ing before Judge Daily. “He has made rulings in cases that
I thought were wrong or that I thought were overly harsh,
but I wouldn’t hesitate to take cases in front of him. My
impression is generally favorable,” the attorney said. Several
defense attorneys said many in the defense bar are hoping
that as Judge Daily settles into the job, he will develop a
better sense of balance. “I think there is a natural progres-
sion for a judge. There is a natural compensation that they
go through” in divorcing themselves from a position as an
advocate to that of a referee. “I have no problem with Judge
Daly. I think he’s good at it and I think he’s getting better at
it. But it takes a while for them to cut their ties.”
Summary
Judge Daily is a former public defender who struck some
defense attorneys as tougher on their side than on the pros-
ecution in his earlier years on the bench. Defense attorneys
were hopeful that he was getting better. His demeanor is
beyond reproach, and he is an unusually patient judge,
attorneys said. Prosecutors called him a great trial judge.
Some defense attorneys interviewed about him agreed, while
others were hoping he would get there. (09M)
DALE, Robert Prentice
Temperament/Demeanor
Lawyers interviewed offered somewhat divergent opinions
regarding Judge Dale’s courtroom mien. Those who find it
acceptable said, “His temperament is businesslike,” “He’s
stoic” and “He’s evenhanded.” Others shared less positive
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