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• Author: Mark Thompson/Elizabeth Smith
• Pages: 826-841

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VALENTINE, Leo, Jr.

Temperament/Demeanor

One of the attorneys who commented about Judge

Valentine said, “I like him. He’s a nice guy, but from the

bench he appears to be stone faced. If you know him, there

are moments when he likes to laugh, and in chambers, he

is very relaxed. But in front of a jury, for instance, he will

have an exterior, and he is not going to let you see a lot of

emotion.” Another interviewee said Judge Valentine “has a

great glare” but also “has a great sense of humor.” A third

interviewee said Judge Valentine “is a good judge. He is more

reserved and quiet than some of the others. I have never

seen him get too upset. He has a great demeanor.” One other

interviewee said, “He is very professional.”

Intelligence/Knowledge

One of the attorneys interviewed about Judge Valentine

said, “I don’t think his knowledge of the law is that great.

He is more of a shoot from the hip type person.” Another

attorney said, “I think he has some good experience and he is

pretty well-rounded.” A third interviewee said he is “smart.”

A fourth interviewee said, “He came from a DA background,

so he has some good experience and knowledge coming in.”

One other interviewee, citing his prior experience, said, “He

has a good working knowledge of the law.”

On Motions

One criminal defense attorney who commented on Judge

Valentine’s rulings on motions said, “If there is a crucial evi-

dentiary ruling, he is more likely to go with the prosecution.”

Other defense attorneys disagreed. “I think he has the guts

to make a call against the DA on a motion,” said one. Another

said, “He makes good evidentiary decisions, in my opinion.

He doesn’t play favorites at all. It is a very, very level playing

field in his courtroom.” A fourth defense attorney said that

in hearings on motions, Judge Valentine “lets you do your

argument, whether he likes it or not. He lets you make your

record.” A fifth defense attorney said, “He is really cautious

about making a record and why he is ruling one way or the

other. He is one of those guys who takes pride in the fact that

he will try not to rush a decision. He will listen to the other

side and weigh the merits of argument and try to listen with

an open mind, and not just with a prosecution mindset.” A

sixth defense attorney said, “He will contemplate everything

you put before him. He entertains thoroughly all motions

that I put before him—evidentiary motions, search and sei-

zure motions or whatever. Most judges just rubberstamp

things. He is not one of those. He is very, very professional.”

On Trial

One attorney with trial experience before Judge Valentine

said, “I have tried a case in his courtroom and I have done

preliminary hearings in his courtroom. He is patient to

a fault, but I have heard that he has gotten better. He is

patient, he is smart, he runs a great courtroom, and he is

respectful to everyone in the courtroom. He is a really good

judge.” That attorney went on to say, “I would not have any

trouble trying a serious case in front of him. In trial, he is

friendly and so are the courtroom staff and the bailiffs. They

really take their cue from the judge. He runs a very orderly

but friendly court. He is patient until you try his patience

to a very far degree, and I have seen that happen twice.

He is very careful but you can really tell when he has been

pushed too far. I have seen two attorneys pushing too far.

Then, he is very firm.” A second criminal defense attorney

with trial experience before Judge Valentine said, “I have

done two trials in front of him. He gave me a fair read in

both trials. I have gotten great results in both trials in front

of Judge Valentine. He ran a nine-defendant trial, which

had to be difficult for him. It took six weeks and he did a

fine job, and everybody got the opportunity, at the appropri-

ate time, to make whatever record they needed to make.”

Two other interviewees stressed that Judge Valentine is

very businesslike in trial. “He is very stern and runs a very

reserved courtroom. Some of the other judges might joke a

little more and be more friendly towards the jurors or the

court staff, but he is definitely all business when the court

is in session,” said one. Another interviewee said, “He is

very much in control. He is very authoritative. He is very

fair. If you know what you are doing, you want to be in front

of Judge Valentine.”

Continuances

One interviewee said Judge Valentine is “fine” about con-

tinuances. “If you give him good cause for a continuance,

there was never any problem with him.” A second interviewee

said that when he has been in a department where cases are

sent to him for trial, “he certainly is pleasant to deal with.

On one particular matter that I had in front of him, he was

respectful of other court appearances and was willing to

allow for the lawyers to make a couple of appearances. He

bent his schedule to allow for that, which is always a good

thing.” A third attorney said he was receptive to requests for

extensions of time prior to trial in a complex case with many

defendants, but “not when the trial started. It took a while

to come up with a date when all nine attorneys could get

there, so there were continuances. But past a certain point,

he really got going to get that case to trial.”

Settlement

Most of the attorneys who commented about Judge

Valentine had appeared before him when he was in trial

departments, handling cases that could not be settled. But

one attorney said, “I thought he went a little further than

most of the judges” to offer the defendant a deal. “He went

along with what I wanted, over the prosecutor’s objection,

and kept it open. It was a 24-hour open offer. Then he kept

it open for 48 hours, then a week, then three weeks. Then,

he was done,” the attorney said. Another interviewee said, “I

have never known him to be in the disposition department.

So I don’t think I have ever had any negotiations in front

of him. Sometimes, if you’re in trial, a judge will say, ‘Why

can’t we settle this?’ I’m sure he would do that, if appropri-

ate. I just don’t remember any specifics about him.” A third

interviewee said, “The only case I have had with him was a

fairly difficult murder case. By the time those serious cases

go for trial, there is not a lot of talk of disposition. But I can

say he has a great handle on what the right thing to do is in

sentencing. He is a good judge.”

Proclivities

One criminal defense attorney said Judge Valentine’s

court “is a difficult place for the defense to try a case. He

is prosecution-oriented. He was a prosecutor earlier in his

career, but he is not rude or unprofessional or discourte-

ous to the defense. I just think it’s a tough road.” Other

defense attorneys had a more favorable view. “I have been

before him on a number of occasions and he was fine,”

said a second defense attorney. “He was fair. He is one

of the few minority judges on the bench. I would call him

middle-of-the-road. He is not somebody I would hope for,

but he is not somebody I would challenge either.” A third

interviewee said, “He is a former DA. I have seen him do

some things with respect to certain cases. For example, on

a sex registration case where the guy had a prior and other

judges might have sent the guy to prison, he didn’t do that.

He understood what caused it.” A fourth defense attorney

said, “He is a wonderful judge.”

Summary

Judge Valentine is a friendly person. He is very profes-

sional on the bench and has what one interviewee described

as a stone-faced demeanor, particularly in front of a jury.

Some defense said he tilts somewhat in favor of the prosecu-

tion, having been a prosecutor himself, but others said his

court is a level playing field. He will entertain all motions,

allow attorneys to make a thorough record and does not

rush to a decision. He is, to the contrary, “patient to a fault,”

as one interviewee put it. By the account of most of the

criminal defense attorneys who commented about him, he

is stern but basically middle-of-the-road, and is an overall

solid judge. (13A)

816Valentine California Judge Reviews

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VAN de POEL, John Frederick

Temperament/Demeanor

“Crotchety,” and “nasty” were the words most frequently

heard when lawyers were asked to describe this judge’s

demeanor. He was also called a “tough, crusty old guy.”

Most lawyers said they do not relish entering his courtroom.

“His judicial demeanor is very formal.” “He can be severe

with lawyers.” “He should quit. He is unhappy and tired.”

“He was a crotchety old guy who has turned into a nasty

old guy.” “Outrageous and discourteous.” “His temper some-

times flares.” “Impatient and irritable.” “Someone should run

against him.”

Intelligence/Knowledge

Attorneys varied in their assessment of this jurist’s intel-

lect and knowledge of the law. “He is bright and capable.”

“He is kind of clueless.” “Not the sharpest cat.” “He has lots

of experience as a trial attorney and he really knows the

Evidence Code.”

On Motions

Although everyone who was interviewed agreed that

Judge Van de Poel can be “quick and decisive,” most cau-

tioned that he can also be “inflexible in his rulings.” “It is

difficult to change his mind.” “His rulings are terrible. They

are off the top of his head. He does not listen.” “He will

rule from the bench—there is no delay in his rulings.” “His

pre-trial rulings are unpredictable.” “He is too impatient to

read the papers.” One litigator stated otherwise: “He is fair-

minded and prepared. He reads the papers and is familiar

with the case.”

On Trial

As a former defense litigator, Judge Van de Poel was wide-

ly acknowledged to be an experienced trial judge, but lawyers

gave varying assessments of his ability to preside over a trial.

“He keeps laywers under control in trial.” “He makes decisive

rulings during trial.” “He controls the courtroom with nasti-

ness. I would disqualify him.” “His evidentiary rulings were

unpredictable.” “He is impatient and wants to move the case

as quickly as possible.” “Disappointing.”

Continuances

All of the attorneys who were interviewed stated that con-

tinuances are “impossible” to obtain from this judge. “He is

committed to the Fast Track and will assign arbitrary trial

dates.” “He makes knee-jerk decisions based on Fast Track.”

“He is ultra Fast Track without regard to the complexities of

the case.”

Settlement

Most attorneys said they have not been impressed with

this judge’s settlement skills. “He hinders settlement rather

than helping it.” “He is very impatient with the lawyers and

the parties.” One litigator did credit him with having a cor-

rect sense of valuation, though. “He does know the value of

the case.”

Proclivities

None of the lawyers interviewed mentioned that this judge

has demonstrated any proclivities to them. “He is equally

nasty to everyone.”

Summary

Be armed with a tough skin for this courtroom. Punctuality

is important. (01Z)

VAN OSS, Terrence Richard

Temperament/Demeanor

Several interviewees said they are pleased with Judge Van

Oss’ courtroom temperament. Comments included: “[His

demeanor is] fine,” “It’s professional” and “It’s a bit stern—

but okay.” Others complained and said, “[Judge Van Oss’

mien] isn’t that good” and “He’s a little pushy—but okay.”

Intelligence/Knowledge

Two interviewees said Judge Van Oss’ legal acumen is

“average to above average.” Others said, “It’s very good” and

“It’s average.” One lawyer complained that Judge Van Oss’

legal acumen is “below average.”

On Motions

Judge Van Oss’ courtroom management style was described

as “between formal and relaxed” by some of the interviewees

and “a bit formal” by others. One rather critical interviewee

said this jurist’s style is “uptight.” All of the attorneys said

Judge Van Oss is polite to all who appear in front of him.

When asked if he usually takes the bench on time, nearly all

of them answered in the affirmative. One lawyer even added,

“He’s a really hardworking judge.” However, one litigator

offered a different opinion when he said, “It takes Judge Van

Oss a bit longer to get fully started” than his peers.

On Trial

Most of the interviewees said Judge Van Oss usually

listens closely to their arguments and keeps an open mind.

Nevertheless, one attorney disagreed and said, “Judge Van

Oss listens closely but he doesn’t always keep an open mind.”

Nearly all of the interviewees said they like Judge Van Oss’

courtroom atmosphere. Comments included: “It’s professional

and comfortable,” “It’s relaxed” and “It’s professional.” Only

one lawyer complained and said, “[The atmosphere is] tense.”

Attorneys offered rather divergent opinions about Judge Van

Oss’ ability to move matters expeditiously. Several said he

moves cases at an “average” pace compared to his peers.

However, one lawyer said Judge Van Oss moves cases “a bit

too fast” while yet another said this jurist moves cases “slow-

er” than his peers. All of the attorneys interviewed said Judge

Van Oss interacts well with jurors. Only a few of the attorneys

felt qualified to evaluate Judge Van Oss’ handling of his sen-

tencing duties. Two of them said, “He’s fair” and does “okay”

when sentencing defendants. One final lawyer said, “Judge

Van Oss is fair to tough” when handling his sentencing tasks.

Continuances

A majority of the interviewees said you have an “average”

chance of getting Judge Van Oss to grant a continuance once

good cause has been shown. Others said, “He’s reasonable”

and “He’s definitely reasonable about granting these.”

Settlement

Only two interviewees felt qualified to evaluate Judge

Van Oss’ settlement and negotiating skills. They said, “He’s

somewhat proactive and his skills are a little above average”

and “He’ll help sometimes and has good negotiating skills.”

Proclivities

Most of the interviewees said they are pleased with Judge

Van Oss’ overall impartiality. Several simply said, “He’s fair.”

One lawyer opined, “He issues neutral rulings and deci-

sions.” The only somewhat critical attorney said Judge Van

Oss “leans slightly toward the D.A.”

Summary

Most of the interviewees said Judge Van Oss listens close-

ly to their arguments and keeps an open mind. A majority of

them also said they like the atmosphere maintained in his

courtroom. However, mixed opinions were shared regarding

this jurist’s demeanor. (01G)

VAN SICKLEN, Steven R.

Temperament/Demeanor

Interviewees were effusive in their praise of Judge Van

Sicklen’s demeanor. “I think Van Sicklen has an excellent

judicial temperament,” said one. Another described him as

a “a nice man” while a third lawyer said he is “intellectually

honest.” Other comments included: “He doesn’t let the robe get

the better of him.” “He’s accommodating to attorneys and he’s

polite to all defendants.” “I like Van Sicklen. He’s hard work-

ing. He’s got guts.” One attorney added, “When you first meet

him, he’s kind of shy like he doesn’t want to offend anybody.

But when you get to know him, he’s more down-to-business.”

Intelligence/Knowledge

Judge Van Sicklen was a district attorney for two or three

years in his early career and then spent the next 27 to 30

years as a civil practitioner. Attorneys were unanimous in

praising Judge Van Sicklen’s knowledge of the law. “He’s

smart, very intelligent, very good with the law,” said one. “I

think he’s very intelligent. He knows the law,” said another.

Profiles Van Sicklen817

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