C

AuthorMark Thompson/Elizabeth Smith
Pages909-922
Retired Judges
Retired Judges Carr899
-C-
-C-
CAHILL, William James
Temperament/Demeanor
Interviewees seem to like the way Judge Cahill conducts
himself on the bench. “I think he’s wonderful. He has a
good touch with people and can use humor in some tough
situations without being inappropriate or disrespectful.”
“His demeanor is his strong point. I’ve never seen him lose
his temper, even in situations where I would have wanted to
throttle the attorneys.” “Judge Cahill is unfailingly courte-
ous and professional.” “He’s excellent, ideally judicious.”
“He maintains a courtroom atmosphere which is open and
friendly.” “Judge Cahill’s personable, but to the point.” “He’s
not heavy-handed.”
Intelligence/Knowledge
A graduate of U.C. Berkeley and Hastings School of Law,
Judge Cahill was appointed to San Francisco’s Superior
Court in 1990 by Governor Deukmejian. He came to the
bench with significant experience as a construction litigator
and was instrumental in the recent courthouse construc-
tion projects in San Francisco. Judge Cahill got high marks
when lawyers assessed his intelligence and knowledge of the
law. “He very intelligent and he’s very thorough. He will take
the time to educate himself.” “He’s at the higher end of the
scale—not off the charts but very smart.” “His intelligence is
among the highest on the bench.” “Yes, he’s a smart judge.”
“I don’t think of him as a legal scholar in the academic sense,
but he’s very smart about this stuff.”
On Motions
Attorneys who have had motions before Judge Cahill
thought he gave them a fair hearing. “He reads your papers
and may even quote them to you.” “He’s not afraid to take
something under submission in order to research it.” “I’ve
won some and lost some, but I’ve always felt Judge Cahill
gave everyone a fair hearing.” “I’ve heard some people say he
may not always read the papers, but he has always clearly
read mine” One lawyer said, “Judge Cahill appeared to lean
heavily on his clerks and their research.” Another said, “If
you have something really new in oral argument he’ll listen,
but usually his rulings appear based on the papers.” “He’ll
take the time to get educated on the issues.”
On Trial
Attorneys describe trial in Judge Cahill’s court as satisfy-
ing. “ He conducts his courtroom in a business-like way and
expects the attorneys to do the same. He does not tolerate a
lack of preparation. Especially in non-jury matters, say an
evidentiary hearing. He wants you to concisely make your
point, and not to call extra witnesses.” However, lawyers did
feel they got a fair and full hearing in Judge Cahill’s court-
room. “He’s a good listener and he gives everyone their day.
He has a reserved temperament which carries over into his
handling of trials. It’s all very professional.” “He’s very active
in bench trials, asks lots of questions.”
Continuances
There were no complaints on the way Judge Cahill
handles requests for continuances. “He’s reasonable about
accommodating scheduling conflicts. Judge Cahill likes
attorneys to work these things out. He may react unfavorably
to the attorney he thinks is not being reasonable.” “Judge
Cahill is relaxed and reasonable, but he definitely prefers
the parties to agree to things like this without involving him.”
Settlement
All the attorneys interviewed thought Judge Cahill
excelled in the area of settling cases. “He’s extraordinary. He
was a mediator long before the term became fashionable.”
“The way he does it is methodical and good. He brings in all
the attorneys first to get an idea of the case, then each side’s
attorneys separately and finally each party.” “He is credible.
He hammers on both sides, but not inappropriately. Some
judges will tell you you have no case and you know they
are wrong. Judge Cahill makes fair assessments.” “This is
definitely his strong suit and he works hard at it.” “This is
his greatest strength. He can see both sides of the case and
communicate each side’s strengths and weaknesses without
making the parties defensive.”
Proclivities
Lawyers commented frequently on Judge Cahill’s desire for
civility in the courtroom. “Just leave any personal animosities
outside. He won’t tolerate that.” All the attorneys interviewed
mentioned that they had heard he was slightly—very slight-
ly—pro-defense, but each also said they had not personally
noticed any bias. “He really seems right down the middle.”
Summary
Judge Cahill enjoys a strong reputation as a fair, smart
judge who has special talents as a settlement negotiator.
Warnings and advice: “Come well prepared. Do not be afraid
to speak. Judge Cahill doesn’t play games. He listens.” “Put
your arguments in your papers and don’t repeat them. And
don’t interrupt the other lawyers.” “Do not think you can
B.S. this judge. You can’t. Have your facts straight and play
your hand straight.” “This is a judge who appreciates profes-
sionalism from attorneys. Get ready to answer questions,
because he will read your brief and he will have questions for
you.” “Be prepared and edit your direct and your cross. This
is a judge who wants you to get to the point.” Many lawyers
mentioned how much they respected this judge. “I think he’s
a great judge—one of the best up there.” (01B)
CARR, Dolores A.
Temperament/Demeanor
Judge Carr’s demeanor was described as “businesslike,”
“pleasant,” “very good” and “very businesslike and profes-
sional.” Interviewees also said, “She’s conscientious” and
“She knows how to handle obstreperous attorneys. [And] she
doesn’t take anything off people.” Others who were more criti-
cal opined, “[Her temperament] varies and just depends on
her mood” and “It’s poor. She often glares and gestures oddly.”
Intelligence/Knowledge
Judge Carr’s legal knowledge was described as “average”
by most of the interviewees. Others said, “It’s above average
to excellent” and “It’s very good in criminal law—and she is
a quick study in family law.” One interviewee shared a very
negative opinion when he said, “In terms of family law, it’s
extremely below average.”
On Motions
Interviewees offered rather mixed opinions as to how cour-
teous Judge Carr is to all who appear in her courtroom. More
than half of them said she is “polite” or “firm and polite.”
However, others voiced their doubts by saying she is “not
always” polite, “No. She’s stuck up” and “She can be curt
sometimes.” Most of the interviewees said Judge Carr usu-
ally takes the bench on time. However, two of them clearly
disagreed. They complained, “No, [she isn’t punctual]—and
[she fails to provide any] explanation” and “She’s routinely
late and has no respect for attorneys’ and trial experts’ time.”
Judge Carr’s courtroom management style was described as
“formal,” “pleasant,” “between formal and relaxed,” “strict,”
“businesslike” and “flexible.” Only one lawyer sounded dis-
pleased and said her style is “poor.” Most of the interviewees
seem to like Judge Carr’s courtroom atmosphere. Almost
half of them said, “ It’s professional.” Others opined, “It’s
comfortable” and “It’s professional and comfortable. She
runs a pretty good ship.” However, other attorneys disagreed
and said, “She tries to make it professional but is often rude”
and “It’s professional but definitely not comfortable.”
On Trial
The majority of interviewees said Judge Carr listens close-
ly and keeps an open mind to their arguments. Two of them
added, “[She’s also] relatively hard working” and “She does
a good job analyzing issues.” Those who were critical said,
“She listens, but isn’t very bright” and “[She doesn’t always
listen]—she tends to make her mind up a bit early since she
usually reads all of the pleadings ahead of time.” Most of the
interviewees said Judge Carr moves cases either at an “aver-
CJ_Volume_2.indb 899CJ_Volume_2.indb 899 9/5/2014 12:48:13 PM9/5/2014 12:48:13 PM

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT