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• Author: Mark Thompson/Elizabeth Smith
• Pages: 923-929

Retired Judges

Retired Judges Denner913

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DEARMAN, John

Temperament/Demeanor

Attorneys were unanimous in their praise of Judge

Dearman’s courtroom demeanor. “He’s extremely kind and

professional.” “If there’s something he doesn’t like he will let

the attorneys know, but not in a disparaging or self-indul-

gent manner.” “He’s a real gentleman. He’s always pleasant.”

“Judge Dearman is wonderful. He’s very kind, gentle and

courteous.” “He’s a really nice guy. Some people may criticize

him as appearing too casual, but he’s not.”

Intelligence/Knowledge

Like a number of San Francisco judges, John Dearman

had a brief career as a social worker before practicing law.

He was originally appointed to the Municipal Bench by

Governor Brown Jr. and elevated to the Superior Bench two

years later in 1979. Attorneys rate Judge Dearman’s intel-

ligence as “high.” “I think very highly of him. His knowledge

of the law is extensive.” “He’s very intelligent, however, he’s

probably the most often reversed judge on this bench. That’s

not because he doesn’t know the law, it’s because he’s will-

ing to make decisions he thinks are right even if he is taken

up and reversed on appeal. He’s not afraid.” “He’s intelligent

enough to understand any legal issues you present cred-

ibly.” “I think he’s bright, but he’s so liberal. He’s liberal but

fair. He does his darndest to be fair.” “Judge Dearman has

incredible people-sense.”

On Motions

Lawyers think Judge Dearman comes to motion hearings

well prepared. “He has read everything, including the cited

cases, and he will take the time to research the issues when

needed.” “Judge Dearman understands the issues and he’s

willing to research things.” “If he rules against you, be pre-

pared to articulate for him the reasons for his ruling. He’s

likely to just say he denies or grants the motion. You then

have to read into the record what you understand are his

reasons so you can appeal.”

On Trial

Attorneys say Judge Dearman manages trials like a pro.

“He can control the courtroom, but he also lets the attorneys

do their jobs and have their own particular style. He under-

stands the stress attorneys are under and doesn’t make it

worse.” “If there’s something he wants to call an attorney

on, he will do it out of earshot of the jury.” Attorneys also

like the amount of time Judge Dearman provides to resolve

things. “Until the jury’s there, you can take the time you

need to explain things and to talk them through.” “You get

a fair hearing in his court.” One lawyer warned that Judge

Dearman tends to include evidence that some defendants

think should be excluded. Another said, “He’s so smart

about people that I like to try a case before him. He gets

what’s going on.”

Continuances

Attorneys had no complaints about Judge Dearman’s

handling of requests for continuances. “He’s fine with that.”

“He’s reasonable.”

Settlement

Lawyers mentioned Judge Dearman’s style of settlement:

“He’s not the type to hammer at all. He’s likely to ask you

to go outside and talk it over again and to tell you he hopes

you will have it resolved when you come back.” “He can

be effective settling cases.” “In my case, he was great. He

acknowledged the strengths and weaknesses of both sides’

cases. Some judges will hammer on defendants to settle no

matter what. He’s not like that.”

Proclivities

Judge Dearman has a reputation for evenhandedness.

“He gives everyone a fair shake.” “I do both plaintiff and

defense work and he has been fair with respect to both.”

Still one attorney mentioned, “I do think he tends to cham-

pion the underdog. He has that background and he used

to be Willie Brown’s partner.” “Frankly, most people would

say he’s plaintiff-oriented in a civil case, but most defense

lawyers acknowledge you still get a fair hearing. We all know

where his heart is, but he behaves in a fair manner.”

Summary

Judge Dearman enjoys a strong reputation as a good,

smart judge. “He’s really a wonderful judge and it’s a privi-

lege to be in that courtroom.” “Go in knowing the law and

present it. You’ll get a clean, fair hearing.” A word of advice:

“When you go into Judge Dearman’s court, play it straight.

He does not like the gamesmanship some attorneys try.

Don’t try to hide the ball. Just tell it to him straight.” Other

lawyers echoed this view. “Be a straight-shooter in there. If

you try to snow him, you’ll be very sorry.” (01B)

FROM THE BENCH

Judge Dearman graciously responded to written ques-

tions regarding his courtroom preferences and procedures.

When asked about his participation in attorneys’ pre-trial

negotiations, this jurist said he generally gets involved when

the lawyers request his help. Once proceedings begin, all

motions need to be submitted in writing. Judge Dearman

strongly prefers that attorneys bring a proposed Order to

court indicating the specific relief they are seeking. This

jurist usually does not question witnesses extensively or

conduct more than half of the voir dire proceedings. Judge

Dearman is willing to issue tentative rulings (when appropri-

ate). Lawyers need to request this jurist’s permission before

approaching the bench, a witness, or exhibits. Speaking

objections are not allowed in this courtroom. Judge Dearman

does not require trial briefs in all cases before him.

DENNER, Richard Erwin

Temperament/Demeanor

Although a few attorneys described Judge Denner as

“nice” and “easygoing,” most attorneys find him “intimidat-

ing,” “inflexible” and “cranky.” “Very impatient.” “Denner is

practical in higher-end cases. He doesn’t like to spend time

on little things.” “Does explode.” “He’s a tough guy.” “He is

terrible, moody, and unpredictable. I wouldn’t choose to go

into his courtroom. He can be downright nasty. He is nice

when he takes off the robe.” “He is a paper freak and he

admits it. When I have to appear before him, I know that I

have to have voluminous papers.” “He is unemotional and

not compassionate about the cases.” “He seems to take plea-

sure in embarrassing attorneys in front of clients.” “Since

becoming presiding judge, he seems to have mellowed out

in how hard he is on attorneys. Now that he is the boss, he

doesn’t have to prove that he is the boss.” “I liked him as

presiding judge. I was surprised at how calm and patient he

was as a P.J. as compared to being a judge.” “I have nothing

negative to say about Denner.” “Off the bench, he’s a very

nice guy,” said one lawyer. But on the bench, he’s “gruff.”

Another said he “has a corrosive kind of personality,” and

a third lawyer added, “He’s usually looking for some sort of

fight with you as opposed to taking care of issues. He’ll find

a way to proceduralize you to death.” That lawyer concluded,

“I don’t care for Denner at all.” Another attorney noted that

he deserves praise for being “very generous with his time”

in participating in bar events and helping educate lawyers.

Intelligence/Knowledge

Judge Denner is “very smart and knowledgeable,” and

is particularly “strong in family law.” “Extremely bright.”

“Smart. He knows the law. He writes for Rutter.” “He is

logical.” “He knows the stuff. He has been around for a long

time.” “He tells attorneys if they are off-base.” “He knows

family law inside and out.” “Denner published things about

valuations and business. They are articulate and well rea-

soned.” “He is well read on pension plans and will apply

it.” “He is good, and excellent for business. He understands

retirement and pensions.” “He’s a smart guy,” said one

lawyer. “He is very smart but there are no warm fuzzies in

him,” said a second lawyer who complained that he “doesn’t

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