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• Author: Mark Thompson/Elizabeth Smith
• Pages: 707-788

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Profiles Sabet697

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SABET, Shahla Sedaghat

Temperament/Demeanor

Judge Sabet is “a wonderful person,” said one interviewee,

using an adjective that several other interviewees also chose

to describe her demeanor. Referring to her tenure in a juve-

nile court, another attorney said, “I know that the juvenile

people love her.” Attorneys who were interviewed about

Judge Sabet also noted that she conveys the sense that she

is serious about her job. As one interviewee put it, “She is a

no-nonsense type person.” In contrast with other interview-

ees, a deputy prosecutor offered a decidedly negative assess-

ment of her demeanor. “She is very defensive and she is very

arrogant,” said the prosecutor, who asserted that she seems

to think “everyone is dishonest and lying to her. When I see

my colleagues coming back at the end of the day or after

lunch, they will have varying degrees of trauma that they are

dealing with. Never have I seen people come back more trau-

matized or more upset than they do from a situation in front

of Judge Sabet. I will get e-mails from attorneys who say, I

understand you have been before her and have suffered her

wrath. What happened? I give them a synopsis, and they will

tell me what happened. It is always very similar.”

Intelligence/Knowledge

Judge Sabet is “very up on the law,” said one of the attor-

neys who was interviewed about her. “She is very knowl-

edgeable,” said another interviewee. A third interviewee,

a criminal defense attorney who has known her since she

was a prosecutor, said, “She is absolutely excellent. She is

exemplary. She is a hard worker. She is incisive.” Another

interviewee also said Judge Sabet is “a really hard worker”

who “doesn’t miss anything.” That attorney added that, when

she was in a civil department handling collection cases, “she

would come up with things that other judges wouldn’t even

take into consideration.” The prosecutor who commented on

Judge Sabet asserted, “She thinks that she is brilliant and

everybody else is stupid.”

On Motions

Attorneys who were interviewed about Judge Sabet said

they appreciated her straightforward approach to motions.

“She doesn’t play games with the lawyers. She asks com-

monsense questions,” said one. Another said, “Even if she

had to dispense something that wasn’t going to be favorable,

she always explained her ruling, and you didn’t leave her

courtroom without understanding why it went one way rath-

er than the other.” The deputy district attorney, again, had

quite a different assessment of how Judge Sabet reacts to

oral argument on points of law. “I think she thinks that she

is being persecuted and ridiculed, and if you take a position

different than hers, rather than remembering that you’re an

attorney and an advocate for your position, she somehow

thinks you are disrespecting her,” the prosecutor said.

On Trial

An attorney who has made numerous, brief appearances

before Judge Sabet and has observed her in trial said, “She

controls her courtroom. She controls her calendar. She does

it very quietly, but very solidly. She will say, okay, you need

to proceed with this.” Attorneys who have appeared before

her in juvenile proceedings were unanimous in praise for the

calm but assertive way that she runs her court. “From what I

know and just from what I hear, juvenile is a very good fit for,”

said one interviewee. Another attorney who has represented

juveniles in trial proceedings in Judge Sabet’s court said, “She

talks to the kids in a commonsense way. She can be punitive

when the kid deserves it. She is also willing to listen. But she

is not going to get lied to. She is not going to get duped.” The

deputy district attorney, the only interviewee to offer sharp

criticism of Judge Sabet, routinely files affidavits of prejudice

to avoid appearing before her, and explained why. “She really

scares me, to be honest with you. I don’t appear in front of

him her anymore. I steer clear of her courtroom,” the prosecu-

tor said. “The problem [for the district attorney’s office] admin-

istratively is that a whole bunch of other people feel that way,

too, and would rather not go in there.” In trials and hearings,

the prosecutor added, “She is extremely rigid. For example, if

it is 4 o’clock, and you say, I’m out of witnesses, I don’t have

enough witnesses to keep this going to 4:30, she is the type

who will give you grief over that. She is really gratuitously

tough and mean. She symbolizes everything that I don’t think

is appropriate in a judge’s character.”

Continuances

Attorneys who were interviewed about Judge Sabet had no

complaints about her policy on continuances. “I think she is

fair. I have never had a problem if I needed a continuance. If

she thought it was justified, than she would do it,” said one.

Another said, “It’s been a long time since I asked for a continu-

ance from her, but I don’t remember having any problem. She

will grant continuances, if she thinks there can be a resolu-

tion. But she controls her calendar very well, and if it reaches

a point where it looks like you are just spinning your wheels,

she will say okay, we’re going ahead and trying the case.”

Settlement

Judge Sabet “definitely works on settlements,” said one

interviewee. “I have had a number of settlement conferences

with her and she would take all the time necessary to work

things out. She would devote her full time and attention to

getting things resolved, if at all possible. If not, she would say,

okay, let’s go ahead and try it.” In juvenile proceedings, attor-

neys said, she can be empathetic in working out age-appropri-

ate dispositions, but she is definitely not a judge who can be

duped. As one put it, “She will give a kid a break, especially

if there are mitigating circumstances, but not a second time.”

Proclivities

Judge Sabet was “an excellent lawyer and she is an excel-

lent judge,” said a criminal defense attorney who has known

her since she was a “tough prosecutor” in the gang unit

of the district attorney’s office. “She is everything a judge

should be,” the attorney said. “She doesn’t lean my way. She

is a relatively conservative woman. But I look for integrity

and honesty and workmanship and work ethic, and she has

it.” An attorney who has appeared before Judge Sabet mostly

in juvenile cases said, “She seems to have the sense of the

juvenile court, understanding that it’s a juvenile court, not

an adult court, and her rulings seem to be totally appropri-

ate for the job that was assigned to her. I think it’s hard to

get a judge who realizes that in a juvenile court, you are deal-

ing with juveniles and not hardened criminals, for the most

part. So I give her a high recommendation.” Though she is

empathetic and willing to listen to defendants, Judge Sabet

is also tough, interviewees said. “She is a very black and

white person,” one interviewee explained. “There is no fool-

ing around with her. She will not allow you to cut corners.

One time I appeared in front of her, I was trying to basically

save myself a trip to San Bernardino and cut corners, and

she just wouldn’t do it. But people who have appeared before

her in criminal law admire her intellect and her integrity.”

A fourth interviewee, who has represented juveniles in her

court, said, “I always tell a juvenile before going in there on

their behalf, that she is going to tell you she doesn’t want to

see you again. Once this is over, she doesn’t want to see you

back, and she means it. She wants you to clean up your act.

She is very quiet. She is very soft-spoken, and she is a lady

from the tip of her head to her toes. But she draws the lines,

especially with the juveniles. They seem to take it very well,

and their parents are very appreciative.” The deputy district

attorney who was sharply critical of Judge Sabet asserted

that other prosecutors felt the same way. “My opinion is

shared, not universally, but by a very, very high percent-

age” of prosecutors. “It is close to a consensus. She is very

arrogant, very heavy-handed and I think, on a regular basis,

suspects the motives and the honesty of the people in front

of her. She allows friends to appear in front of her with a

nominal and insufficient disclosure of the relationship. She

might mention something but then she plays it down. That

has been very disturbing.” The prosecutor went on to assert

that her sense that she is being persecuted and disrespected

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“infects her attitude. There is a toxic overcompensation that

is truly terrifying.”

Summary

Judge Sabet exudes authority in a quiet way. She is a

hardworking, no-nonsense judge who doesn’t let anyone cut

corners or deceive her. Yet she is willing to listen to reason-

able arguments, according to the criminal defense attorneys

and juvenile attorneys who commented about her. She is

empathetic but tough, especially with juveniles, interviewees

said. All but one of the attorneys who were interviewed about

her held her in high regard as a judge. The dissenter, a dep-

uty prosecutor, said she is arrogant and she has a prickly,

spiteful attitude on the bench that is driven by a sense that

the attorneys appearing in her court can’t be trusted and are

disrespectful of her. (10J)

SABRAW, Dana Makoto

Temperament/Demeanor

All interviewees praised Judge Sabraw’s demeanor. They

said, “He’s very polite. He’s one of the best judges in San

Diego,” “He’s intelligent. I’m very impressed by him,” “He’s

a class act,” “He’s very bright. Good personality,” “[He is] a

gentleman. I give him high marks,” and “Superior. He seems

to be an excellent judge.”

Intelligence/Knowledge

Members of the bar said Judge Sabraw is “very knowl-

edgeable,” has “excellent knowledge and is a fast learner.”

One lawyer added, “He’s very bright. He takes the time to

learn the law when he doesn’t know something. He’s very

careful in his approach.”

On Motions

Lawyers said they look forward to arguing motions before

Judge Sabraw because “[he’s] well prepared. Reasonable.

Seems to listen and exercise common sense,” “he’s always

‘right on the money’ and well-briefed on motions,” and “he’s

always reasonable and well prepared.” Another attorney

added, “He listens and lets you make your record.”

On Trial

According to interviewees, lawyers like presenting their

cases in Judge Sabraw’s courtroom. They said his courtroom

is “organized yet friendly,” “formal yet relaxed,” and “run

very professionally, but he’s not too strict.” Other members

of the bar said, “He’s reasonable and exercises [a] nearly

perfect level of control,” and “Expects attorneys to be as well

prepared as he is.”

Continuances

Two attorneys said this judge is “more likely” to grant

a continuance than other San Diego judges. Another said,

“He’s usually very reasonable about continuances.”

Settlement

According to interviewees, Judge Sabraw does get involved

in settlement if needed. “He first expects the attorneys to

resolve matters. However, he’ll definitely get involved if really

needed.” “He’s a bit more likely than other judges to get

actively involved” in resolving conflicts before him.

Proclivities

Interviewees said Judge Sabraw is not biased. “He’s fair.”

“Down the middle.” “Studiously neutral.” “Very fair.” “He’s

been fair with me.”

Summary

San Diego attorneys seem to respect Judge Sabraw’s legal

knowledge, demeanor and professional courtroom manage-

ment skills. (01D)

FROM THE BENCH

Judge Sabraw graciously responded to questions regard-

ing his courtroom preferences and procedures.

General Preferences

Judge Sabraw is happy to meet with all lawyers at a

pretrial conference to go over the basic local rules that will

govern at trial. He has published his standing orders that

govern pretrial and trial practices on the court’s website at

www.casd.uscourts.gov.

SAHAGUN, Raul A.

Temperament/Demeanor

Interviewees agreed that Judge Sahagun is not going to

win any congeniality awards, at least not for his demeanor

on the bench. “He tends to be more strict than the other

judges.” “Personality wise, he’s very bland. He speaks in a

monotone.” When he is not on the bench, it’s a different

story. “He’s a little stiff on the bench. Off the bench he’s

different.” “He has a bit of a gruff demeanor. But if you are

able to get to know him at all, he’s a pleasant man off the

bench. He’s down to business, he doesn’t mess around on

the bench.” “Overall, he’s a very nice man. He’s a decent

man. He does a good job. He’s a hard worker. But he’s so

very deadpan that I think a lot of attorneys think they’ll

never get a little ‘gimme’ from him.” Other interviewees were

not bothered by Judge Sahagun’s gruff demeanor. “I would

agree that he is a stern judge. Other judges are more ami-

cable. But that doesn’t take anything away from him, in my

opinion. That’s just his personality.” “He does have kind of

a bland personality. He’s not expressive in court. If you talk

to him in chambers he comes off as friendly. But he doesn’t

express it in court. If you go in the back hall and talk to him,

he has a sense of humor.”

Intelligence/Knowledge

Judge Sahagun is “very knowledgeable,” said one inter-

viewee. Others agreed. “He’s very knowledgeable. He knows

what he’s doing. And he has the experience of many years on

the bench.” His grasp of law is “fine. I had no complaints.”

A prosecutor added, “The only thing I know is one case that

my colleague tried. It was reversed on appeal.”

On Motions

Interviewees have mixed opinions of Judge Sahagun’s

tendencies in rulings on motions. “Even in cases where it’s

been contentious, I think his rulings have been proper in

most situations,” said one. Another added, “You don’t get

many close calls in his courtroom, although I recently tried

a case where he dismissed an allegation of premeditation in

a murder case.” A third interviewee said, “His rulings I think

are fair but you get disappointed sometimes because you feel

that a lot of his rulings are real pro-prosecution. He’ll go out

of his way to say, ‘I don’t see the probative value of it. That’s

not relevant.’ When you’re making really good arguments

and you lose, it’s a little disappointing. But I know that’s a

judgment call. I realize the case isn’t over until it’s over, so I

don’t get stuck on one little point if I can move on. You don’t

really feel like you’ll get any breaks from Judge Sahagun.

He’s not going to go out on a limb for you,” said another

criminal defender. “The calls could have been better for me,

but after 37 years in practice you expect that. They could

have gone either way. They weren’t surprising.”

On Trial

Even those who are somewhat critical of Judge Sahagun

in some respects concurred with other interviewees that he’s

a good trial judge. “He’s a tough sentencer, but he gives you

a great trial. He’s really a very, very good judge. I like trying

cases there.” “I feel comfortable in trial with him. I’ve received

a very fair trial.” “I’ve had a couple of trials before him. He’s

still a question mark to me. He runs a good court. He seemed

like he gave me a fair trial.” A prosecutor with admittedly

limited experience before Judge Sahagun complained about

his handling of one case, saying, “He seemed like a goal-

oriented judge and interfered with the trial process.”

Continuances

Two interviewees agreed that Judge Sahagun is “a little

tougher on continuances” than other judges in the Norwalk

courthouse. “He’s not really great on continuances. If you

start to get to second and third continuances, that becomes

problematic with him.” But others found him to be reason-

able. “He tries to keep the cases moving. He pushes it. But

I haven’t had any a problem when I needed a continuance

and gave my reasons to the judge.” One interviewee said

the judges in Norwalk including Sahagun “are all pretty fair

about that, but I don’t think continuances do you any good

generally, unless you have to gather witnesses who skip out.

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I think they’re pretty fair about that. They’ll give you a con-

tinuance but they expect you not to ask for one.”

Settlement

Interviewees disagreed on whether Judge Sahagun push-

es cases to settle. One said, “Raul will do everything he can

to get the cases settled before he’ll let it go to trial.” But

another asserted that “Sahagun will rarely get involved.

Sahagun is probably the least involved in negotiations” of

all the judges in Norwalk. Other interviewees said he doesn’t

depart from the norm and will “definitely pursue [a plea] if

the case calls for it,” but will otherwise “stay out of it.” One

interviewee remarked that defense attorneys should be wary

of deals brokered by Judge Sahagun “because he doesn’t get

it. He’s never been a defense attorney.”

Proclivities

Judge Sahagun is “perceived as real pro prosecution,”

said one interviewee who has appeared before him both as

a prosecutor and a defense attorney. Another concurred

saying, “I think by and large the prosecution would prefer

Sahagun” over other judges in Norwalk. A prosecutor agreed,

saying, “I think the public defenders don’t particularly care

for him. I think he probably favors our side, from their point

of view.” But other defense attorneys said, “I don’t mind

going in front him” and “he treats everyone fairly.” Another

added, “I would not say he’s pro-prosecution though he

is a tough sentencer. But I think he’s impartial. His stern

attitude doesn’t mean he favors the prosecution, but on

sentencing he’s tough.” A veteran defense attorney added, “I

would agree that he favors a little bit the prosecution but in

this day and age most of them do. That’s not unexpected. I

think he’s doing a good job.”

Summary

Judge Sahagun is known for his gruff demeanor on

the bench. While interviewees do not have intense feelings

against him, they do not expect to get any breaks from him

when they are in his court, and he is clearly not their top

pick. But one said, “I don’t think that facet of his personality

affects his judicial performance. His judicial performance is

good. He’s a very experienced judge. I have nothing against

him at all.” (01Z)

SALAZAR, John Steven

Temperament/Demeanor

Judge Salazar “is a very personable guy who cares about

people,” said one of the attorneys who was interviewed

about him. Two other interviewees said he is “a nice guy”

and “incredibly congenial, on and off the bench-very nice,

respectful, polite.” A fourth interviewee said, “He didn’t rip

anyone a new one because he didn’t like them, even when

they weren’t very likable.” A prosecutor called him “respect-

ful” and “patient.” Only one interviewee, who represented the

county in matters that came before Judge Salazar, quibbled

about Judge Salazar’s demeanor, attributing it to a pos-

sible “mismatch of personalities,” or to the fact that “maybe

he didn’t like the power I had. My job is to make sure the

court follows the law, because I have to cover their butts in

whatever decision they make. I have to make sure they are

making a legal decision,” a responsibility that, according to

the attorney, Judge Salazar seemed to regard as something

of an affront to his ego.

Intelligence/Knowledge

Judge Salazar “knows criminal law. He’s more com-

fortable in that assignment than in family law,” where he

served for a while, despite having no background in the

field, and where he got mixed reviews for his performance.

“Maybe that’s why he’s back in a criminal court,” said the

interviewee, who added that he “has good life experiences

to bring to the bench.” “He worked his way through college

doing agricultural work in the Santa Clara Valley. He is a

first-generation college graduate. He is a good father. I have

known him since he was a probation officer. Then he went

to law school and became a prosecutor and for a little while,

he did defense work. Then he came on the bench, first as

a commissioner and then as a judge.” Another interviewee

said, “His specialty is criminal law. He spent a little time on

the family law bench, and I thought he did a great job. There

are some lawyers who felt that he wasn’t decisive enough on

the family law bench, but I didn’t see it. I thought he was

fine,” said the interviewee, who added, “I think quite frankly,

he is destined for bigger and better things.” A third inter-

viewee, commenting on Judge Salazar’s tenure in a family

court, said, “He had to learn family law. I know from talking

to my friends who do family law, particularly one of my best

friends, that he is doing a really good job and his learning

curve has gone up and up, because he has had to learn a

lot. He is the father of twins, so he can relate to people who

have family stresses.”

On Motions

A criminal defense attorney, commenting on how Judge

Salazar handles motions, said, “I have heard that he is not

decisive enough, but I thought he was fine. He will tell the

DA occasionally that they will not win every case. He is not

in the pocket of the prosecution or the defense. He is an

independent judge. In terms of his rulings, he understands

the concept of reasonable doubt. In one case, I had a client

who was probably guilty, but not beyond a reasonable doubt,

so he walked away.” Most other interviewees, however,

complained that Judge Salazar is indecisive. As a criminal

defense attorney who felt that way put it, “The best way to

describe it is that he had a problem deciding between what

was right and what was popular, particularly in some of the

bigger cases that made the news. That choice was very, very

difficult for him. He was very much concerned about public

opinion in that regard.” A prosecutor said, “I do recall hear-

ing from some of my colleagues that he had a problem in

that he would not necessarily make difficult decisions, even

though they believed they were the right decisions. I think

he would try to play it safe. He would make a decision that

he felt was the safest. But I don’t recall personally having

experiences with him being indecisive.” An attorney who

appeared before Judge Salazar in family court lent credence

to the complaint that he is indecisive. “He splits the baby,”

the attorney said. “He does that all the time. For example,

I had a restraining order with him and we had to go back

to Watsonville four times before he got to it. It was ridicu-

lous. We had to reschedule it four times because he had so

many things on his calendar and he would only allow like

20 minutes per case. We had witnesses on call. He finally

gave us a date certain but it was like three months out. He

should have given us that when we first asked for it.” In that

case, each party was seeking a restraining order against the

other. “He had said he was going to hear both restraining

order cases before he made a decision because he wanted

to hear the whole picture. But then he forgot about that

and ruled against my client before he even heard our side. I

asked if he would withdraw his decision that he had made

the same morning, but he said that is what appeals are for.

It was so ridiculous I was going to have to bring either a

motion for reconsideration or an appeal because he made

a mistake and ruled prematurely. I thought that was really

poor.” Another attorney who appeared before Judge Salazar

in family law cases said, “I know people think he splits the

baby, but sometimes splitting the baby in half is not a bad

way to go. I didn’t see anything from him in family court that

I thought was in any way outrageous. That doesn’t mean he

rules in your favor, but I didn’t see any rulings that shocked

the conscience. The decisions I saw were certainly justified

by the evidence. I certainly didn’t win them all. But he didn’t

make new law.”

On Trial

An attorney who has tried matters before Judge Salazar

in both family and criminal court cautioned, “He does want

you to comply with discovery rules, so if you are one of these

people who decides to come in at the last minute with your

secret witnesses, he won’t let you get away with it.” A crimi-

nal defense attorney who has had trials in his court added,

“My impression of him was positive. He is reasonable and I

think that is very important. He runs an orderly courtroom

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