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| Author | Mark Thompson/Elizabeth Smith |
| Pages | 464-504 |
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454LaBarbera California Judge Reviews
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LaBARBERA, Barry Thomas
Temperament/Demeanor
Every interviewee shared positive comments about Judge
LaBarbera’s courtroom temperament. Two of them simply
said, “It’s professional.” Others opined, “He’s very relaxed,”
“It’s excellent. He has a calming approach to cases” and “It’s
very professional.”
Intelligence/Knowledge
A majority of the interviewees said Judge LaBarbera’s
legal acumen is “above average” compared to that of his
peers. Others said, “It’s superior” and “It’s above average
because he has excellent instincts—particularly when sizing
up and assessing cases quickly.”
On Motions
Judge LaBarbera’s courtroom management style was
described as “good,” “somewhat relaxed” and “between for-
mal and relaxed.” Other comments included: “It’s formal
when it needs to be,” “It’s professionally relaxed” and “It’s
very efficient.” Every interviewee said this jurist is polite to
all who appear in front of him. One of them added, “[He’s]
like all of the local judges.” Attorneys are also pleased with
Judge LaBarbera’s habit of taking the bench on time. As two
of them put it, “You can set your watch by him” and “He’s
virtually always on time.”
On Trial
Every interviewee said Judge LaBarbera listens closely
to lawyers’ arguments and keeps an open mind. As several
of them put it, “Judge LaBarbera listens very closely,” “He
keeps an open mind but he won’t let you run on and on
and on” and “He’s an excellent listener—about as good as
you can get.” All of the attorneys interviewed used the word
“comfortable” when describing this jurist’s courtroom atmo-
sphere. Other comments included: “It’s very professional and
comfortable” and “It’s the best of both worlds—both profes-
sional and comfortable.” Two litigators said Judge LaBarbera
moves cases “faster” than his peers. One of them added, “But
you have enough time to put on your case.” The remaining
lawyers either said he moves matters at an “appropriate”
or “average” pace. One of them added, “You won’t feel like
you’re wasting time in his courtroom.” When it comes to
handling his sentencing duties, nearly all of the lawyers said
Judge LaBarbera is “fair.” One of them even opined, “He’s
very fair.”
Continuances
Judge LaBarbera is usually reasonable regarding attor-
neys’ requests for continuances. Some of the interviewees
said you have an “average” chance of getting him to grant one.
Others opined, “He’s reasonable” and “He’s very reasonable.”
One said, “Judge LaBarbera is more likely to grant a continu-
ance” than the other local judges handling similar cases.
Settlement
More than half of the interviewees said when it comes to
negotiating certain aspects of their cases, Judge LaBarbera
“will help if asked.” Other comments included: “He won’t
lean on you. He’s evenhanded and has strong skills,” “He’s
got good skills” and “He’s somewhat proactive and has aver-
age skills.”
Proclivities
A majority of the interviewees seemed pleased with
Judge LaBarbera’s overall neutrality. Two of them said,
“He’s impartial,” while the other one opined, “He’s very fair.”
However, those who disagreed said, “Judge LaBarbera is
impartial with a slight twist of bias in favor of the prosecu-
tion” and “He leans slightly toward the prosecution.”
Summary
Additional comments included: “Everyone gets a fair
shake in Judge LaBarbera’s courtroom,” “He interacts well
with jurors,” “Judge LaBarbera runs an excellent court-
room” and “It’s a pleasure to be in front of him.” Interviewees
seemed to appreciate Judge LaBarbera’s “above average”
legal knowledge, his pleasant courtroom mien and his will-
ingness to listen closely to their arguments and keep an open
mind. (01G)
LaFORGE, Robert
Temperament/Demeanor
All of the attorneys interviewed about Judge LaForge had
high praise for his demeanor. “Everybody loves him. He’s a
great guy,” said one. Another said, “I like him a lot. He is
outstanding. He is a really good, kind person. He is a former
DA. I have a very high regard for him. He runs a really good
courtroom. His demeanor is just so pleasant.” A third inter-
viewee said, “He is an interesting guy. ‘Unflappable’ is the
word I would use to describe him. He has an almost perfect
judicial temperament. He has a nice personality both on
and off the court. If you run into him socially, he will treat
you as an equal. He treats everybody the same since he has
become a judge. He will stop in the hallway and talk football
with you, just as much as he would when he was a DA. He
has not changed that part of him. He’s a very genuine guy.” A
fourth interviewee said, “He is good. He is even-tempered. He
is solid. He will get worked up over something, but it usually
seems appropriate.”
Intelligence/Knowledge
Judge LaForge is “bright and articulate, and he gets it,”
said an interviewee who has known him for years and said
he was “a good DA” and is “doing really well” on the bench.
Another interviewee appreciated his willingness to learn
what he doesn’t know. “He came in very humble, saying, ‘I
want to learn, everybody help me.’” A third interviewee said,
“I think he’s doing a great job. He works hard.”
On Motions
Although Judge LaForge was a prosecutor before he
became a judge, most of the criminal defense attorneys who
were interviewed about him said they trust him to follow
the law in his rulings on motions. “My gut instinct is that
I would probably get a fair ruling from him, and at least I
would know that he would read my work, which is kind of a
novelty among judges. Most of them just have to talk to their
law clerks, and you hope for the best.” Another interviewee
said, “Despite the fact that he was a former district attorney,
he seems to have had no trouble moving to what I would say
is the middle. And he is able to judge both sides on the same
standards. He is not easy. He will still make the tough calls.
But he will listen to both sides.” A deputy public defender
added, “He reads everything. He follows the law. I think he’s
doing a great job.”
On Trial
One criminal defense attorney said that in choosing a trial
judge from among those on the Sonoma County bench, “of
all of them, [Judge LaForge] is one who I would most want
to be in front of because he is the most evenhanded and
practical. And he is much more inclined to give you time to
make your argument and question your witnesses than he
is to keeping the trains running on time.” Another criminal
defense attorney who has litigated cases in Judge LaForge’s
court and has no complaints said, “He shows up on time and
he listens to all the parties, which is kind of a novelty. Some
judges just kind of assume the defendant is guilty.” A third
interviewee who has known him for years said, “I’m sure that
he will be a good trial judge because of his personality. He is
not the kind of judge who, when you are in midsentence, will
fire a shot across your bow, forcing you to make an adjust-
ment in front of the jury and leaving the jury thinking, ‘Wow,
he just nailed that dude.’ He is just a very good person who
doesn’t have that in his personality at all. He will make the
tough decisions, and some of them I might not like. But the
tone and the atmosphere in the courtroom will always be
conducive to getting your work done.” A fourth interviewee
noted that he was “a very skilled prosecutor,” and in becom-
ing a trial judge, “it wasn’t a quantum leap, because he han-
dled extremely serious cases as a prosecutor and did well.
He’s not one of the best yet because he is young; he doesn’t
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Profiles Lager455
have the life experience as a judge. But I think he has the
capability of becoming one of the best judges in the county.”
Continuances
Judge LaForge is not obsessed with “keeping the trains
running on time,” said one interviewee, who added that as
a result, he is not going to give a hard time to anyone with
a reasonable request for an extension of time. Another said,
“He’s accommodating. He’s not going to give you any prob-
lems if you have good cause.” The interviewee who was most
critical of Judge LaForge asserted, “I think he is really tough
on continuances, because he will ask, ‘What’s the cause?’
and he will get to the bottom of it and start digging.” That
attorney acknowledged, however, that “he was good for us
because we had some good reasons for cause, including
mental health issues for criminal defendants. So I would say
he is seemingly fair.”
Settlement
One interviewee, asked if Judge LaForge is proactive
about getting pretrial dispositions, said, “Yes. Absolutely. He
works at that. He will lean on the DA, but you can only lean
so far, because obviously, you would have political issues to
deal with if you were turning loose a residential burglar. But
if he thinks the DA is being unreasonable, he will definitely
lean on them. He will lean on defense counsel as well, for
that matter.” Another interviewee said, “I think he uses his
experience in the DA’s office to settle cases. I think he is
moving cases very well. That’s what I hear.” A third inter-
viewee, who tried cases against Judge LaForge when he was
prosecutor and has appeared in his court since he became
a judge, said he “was capable of being very deferential and
open-minded” about dispositions of cases when he was in
the district attorney’s office. He recalled one case in particu-
lar in which one of the interviewee’s clients could have gotten
prison time, but LaForge, as the prosecutor, “agreed that
the client wasn’t really suitable for prison, and thank God
for that, because he got into a diversion program, and now
he is married, has kids and a job and makes good money.
Hopefully, Judge LaForge will carry that attitude through on
the bench,” the interviewee said.
Proclivities
One of the criminal defense attorneys who commented
about Judge LaForge asserted that he is probably “better
suited to being a judge than a DA because I think he is an
extremely fair-minded guy. I think he is an outstanding
young man, and I think he is going to be an outstanding
judge. He has shown nothing so far to indicate otherwise. He
certainly is not going to be a wuss when it comes to sentenc-
ing on violent crime or on gang things. He is an anti-gang
guy. That was his passion as a prosecutor. So I wouldn’t
want to be a gang member in front of him hoping for a lenient
sentence, because I don’t think you’re going to get that from
him. But at the same time, I think he understands that
youthful offenders sometimes need a little nudge in a posi-
tive direction. So I don’t see him as a punitive guy. But if you
cross over a certain line, he’s going to kick your ass.” Another
criminal defense attorney said, “He is very compassionate, in
my opinion. He is tough without being mean. He is strong
without rattling sabers or anything.” A third defense attorney
said, “He is pretty much about fairness. I think most people
probably trust him pretty well. He is a good, solid person.
That’s how he was as a DA, too.” One interviewee complained
bitterly that Judge LaForge sent a drug-addicted client of his
to jail “on a real flimsy robbery case” based on the testimony
of witnesses with long criminal histories, instead of referring
the client to a diversion program where he could have got-
ten help and would have received family support. “The DA
in the case was extremely difficult and extremely vindictive,
and the judge would not stand up to him. I was shocked at
his inflexibility. I had always thought of him as having great
demeanor and doing the right thing. But that robbery case
was a complete reversal.” None of the other attorneys inter-
viewed about Judge LaForge, however, had any such com-
plaints. They asserted to the contrary that he has become an
independent-minded judge, despite his years as a prosecu-
tor. “He has the advantage of having come from the district
attorney’s office under a former DA who was a political hack
and ran the office like a military compound with a lot of ter-
ror going on. That’s one of the reasons why he left.” He and
another former prosecutor who left for a seat on the bench
at about the same time “didn’t want to put up with the stuff
that was going on over there,” the attorney said. Prosecutors
who were contacted for comment about Judge LaForge did
not return the calls, but one of the criminal defense attor-
neys who commented asserted, “I think the majority of the
prosecutors, the experienced ones and the good ones, will
not have anything critical to say about him.” A deputy public
defender added, “I would be very surprised if anyone in the
district attorney’s office had anything bad to say about him.”
Summary
Attorneys interviewed about Judge LaForge said he is a
“great guy” who is very even-tempered and unflappable on
the bench. He was a very experienced prosecutor and was
able to quickly adapt to being a judge, interviewees said.
Most of the criminal defense attorneys who commented
about him said that despite his background, he is a very
fair-minded judge who will follow the law. He has a special
distaste for gang-related crimes, but is otherwise a compas-
sionate judge who might give a deserving defendant with no
prior serious offenses a break. Several attorneys noted that
he is one of the youngest judges on the Sonoma County
bench, but with more seasoning, is likely to become an out-
standing judge and one of the best in the county. (12A)
LAGER, Marvin Mitchell
Temperament/Demeanor
All interviewees said they like Judge Lager’s demeanor,
describing him as “pleasant,” and “very professional, very
courteous to the attorneys, and never rude or nasty.” In
short, Judge Lager is a man with “the right temperament
to be a judge.” Several called him one of the best judges in
downtown Los Angeles.
Intelligence/Knowledge
“He’s very knowledgeable about the law,” said one attor-
ney, a sentiment shared by others. “I would rate him very
high on knowledge of the law,” said another.
On Motions
Attorneys said Judge Lager takes as much time as he
needs to understand motions and make good rulings. As
one attorney put it, unlike a lot of judges who lean heavily
on tentative rulings, “which gives the impression that they
are relying on their legal staff to review the case and make
decisions for them, Judge Lager is not like that. He takes the
bench late and I think he does that because he reads every-
thing thoroughly. I had a motion for summary judgment
where he actually went through line by line all of the papers
we were discussing in the case. He’s extremely thorough. His
rulings make sense logically; they’re not off the wall.”
On Trial
One attorney said Judge Lager seems to have a preference
for pre-trial settlements and tries to keep that option open
even as a trial draws near. In one case, “he moved the trial
date three times to facilitate settlement discussions between
the parties. He was trying to help things along even though
he didn’t get involved directly in settlement discussions.” In a
trial, another attorney said he thought Judge Lager “was fair
and had a pretty good understanding of the case and how
the case should proceed.”
Continuances
On continuances, “he’s reasonable,” said one attorney. “He
doesn’t like to grant continuances, and when he does, they
are relatively short in duration. But by the same token, he
will not be rigidly unreasonable when it comes to a request.
If it makes sense, if it’s reasonable and not just because the
parties haven’t been doing their work, he’ll grant it.”
Settlement
While Judge Lager is not unlike most judges in trying to
push for pre-trial settlements, he is better than most at help-
ing steer the litigation in that direction, one attorney said.
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456Lagotta California Judge Reviews
“He displayed a pretty good understanding of what the case
was about and what it would take to get it resolved, not just
from a settlement perspective but from a legal perspective
and procedural perspective. I thought he did a good job.”
Another attorney noted that when an outside mediator was
involved, Judge Lager stayed out of settlement discussions.
“He hasn’t actively participated for the reason that the case
is very complex and we’ve mediated twice with a private
mediator, a retired judge. Judge Lager respects our mediator
and doesn’t want to interfere in that process.”
Proclivities
Attorneys said Judge Lager is very fair and avoids dis-
plays of bias toward either side. As one put it, “I felt that his
rulings have been extremely fair.” He is also well-liked for
being accommodating toward private practitioners, having
been one himself. “It’s refreshing that he was an attorney in
private practice and understands the needs of attorneys in
private practice. His background was in civil litigation, and
that’s good,” said one attorney.
Summary
Interviewees gave Judge Lager high marks. One ranked
him as “one of the top three” among the many dozens of
judges in the downtown Los Angeles county courthouse.
“He really comes across as a judge who would be on the
court of appeal.” Another agreed that he is “well thought of”
and “might go places” by way of a nomination to a higher
court. (01D)
LAGOTTA, Kimberlee Anne
Temperament/Demeanor
One of the attorneys interviewed about Judge Lagotta
sharply criticized her demeanor. “She appears pleasant,
but she will make faces when the attorneys make a record.
Her bailiff is rude and disrespectful to the people that come
in, and I think he gets license from her,” said the attorney.
Other interviewees said she has lightened up in her years on
the bench. Judge Lagotta has a “very professional” demeanor
said an attorney, who added, “She is a little rigid in the
courtroom. She is much more relaxed when we are discuss-
ing cases in chambers.” Another said. “I think like a lot of
judges, her temperament has come around. She has kind
of settled in.” A fourth interviewee said, “She is a delight
to be in front of. She has loosened up quite a bit since she
has been on the bench in terms of her demeanor. She was
very rigid and very formal at first, I think because she was
unsure of herself. Now, she is much more relaxed. She is a
pleasure to be in front of.” A deputy district attorney had no
complaints about her demeanor. “You could not find a bet-
ter tempered judge. She has got a great personality and a
great ability to control herself, even when being shown some
disrespect,” the prosecutor said.
Intelligence/Knowledge
Judge Lagotta “knows the law. She’s bright,” a criminal
defense attorney said. A deputy prosecutor said, “She is
very aware of what the law is. She does know the law inside
out, and she knows what the sentencing parameters are.”
Even the interviewee who sharply criticized the judge in
several respects offered a lukewarm compliment regarding
her knowledge of law. “I would have to say she is knowledge-
able as to the criminal law,” said the attorney. “I think she
is somewhat familiar with the law. She has experience in
criminal law. She is a former prosecutor.”
On Motions
When attorneys were interviewed about Judge Lagotta,
she had been presiding over sentencing and settlement court
for several years, so none of the interviewees had tried a case
or had litigated any substantive motions in her court. To the
extent that she had been called on to rule on legal issues,
several criminal defense attorneys said that she takes her
cues from the District Attorney’s office where she used to
work. “She has no independence, and I don’t think she is
neutral. I think she definitely leans in favor of the prosecutor
in her rulings,” one interviewee said.
On Trial
The attorneys interviewed about Judge Lagotta were not
aware of any cases that she had tried since she was appoint-
ed to the bench. She had primarily been assigned to handle a
pretrial readiness conference court, responsible for clearing
the way for trial in cases that need to be tried, and seeking
to help settle those that shouldn’t go to trial.
Continuances
Judge Lagotta “wants to have reasons for continuances,”
a deputy district attorney said. A criminal defense attorney
said, “Sooner or later, she will say, ‘This has been in my
department long enough.’” A third criminal defense attorney
said Judge Lagotta is “flexible” about continuances. “If the
DA agrees, she is agreeable,” that attorney said.
Settlement
One of the criminal defense attorneys interviewed about
Judge Lagotta criticized her performance in the settlement
court that she had been handling for several years. “She will
not push the DA. She will not exercise her independence
in favor of the defendant. You will rarely see that. She is
definitely pro-prosecution. She needs to stop that because
it is forcing more cases to trial at taxpayer expense. She
needs to be involved a little bit more in the negotiation pro-
cess.” Several other criminal defense attorneys said she had
become more independent with time on the bench. “Lately,
she has been working hard to get the prosecution to come
down on some of these cases and get them settled,” said one.
Another criminal defense attorney said, “Generally I think
she does get involved and she pushes on the prosecutor to
resolve cases where she thinks the prosecutor is not being
completely reasonable. I think she is doing what I would say
is a good job in the settlement department.” A deputy district
attorney said, “She does a great job of settling cases and
being fair and hearing everybody out. You are only going to
get fairness and objectivity from her.”
Proclivities
Most of the criminal defense attorneys interviewed about
Judge Lagotta said that she still thinks like the prosecu-
tor that she used to be. “She is definitely beholden to the
prosecutor,” said one. “I think she is biased in favor of the
prosecution. That’s what I think, although she is friendly
about it.” Another defense attorney said, “I think she favors
the DA too much. I think she has a lot of potential, but she
isn’t there yet. She isn’t what I would consider to be com-
fortable in the job yet. She has not yet let go of her attitude
that she is the DA and she is here to prosecute people. I’m
not very positive about her. I think she sides too much with
the DA’s office. But I’m hoping that her disposition changes
as she gets more into becoming a judge.” A third criminal
defense attorney said, “She is fairly new in the game. I think
she has potential. But I haven’t seen her really be completely
independent yet in breaking away from her background as a
prosecutor and thinking as a prosecutor.” A fourth criminal
defense attorney said, “She was in family protection as a
deputy DA, so initially, she was a bit of an activist when she
came on the bench, especially when it came to family protec-
tion cases and domestic violence and child abuse cases and
things of that nature. She would reject pleas that the parties
had worked out.” But she had moderated somewhat over
time, said that attorney, who added, “In terms of sentenc-
ing, she is middle-of-the-road. She is not heavy, one way or
the other.” A deputy district attorney, responding to some of
the criticism of Judge Lagotta from defense attorneys, said,
“Quite honestly, I think there is a little bit of a gender issue
there with some of the defense attorneys. There is a bit of
a good ol’ boys network, and she doesn’t play that game. I
think they also don’t like her on crimes of violence, but if
you are going to have a judge who is going to be hard on one
type of crime, that is the type of crime you would want them
to be hard on. But she is very fair. Defense attorneys that
have had issues with her are defense attorneys that want to
be late to the courtroom and be unprepared. And there are
certain crimes of violence, including sexual assaults, and
any robberies, rapes, murders, domestic violence and gang
violence, that she takes very seriously, and defense attorneys
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