DeAlba Brings Low-Key Style to Superior Court
by John Bachman

The numerous lawsuits that followed in the wake of the 1986 floods in the Sacramento Valley were marked by severe acrimony among the attorneys-until Deputy Attorney General David F. DeAlba stepped into the fray.

"Once Dave got involved, everyone seemed to come on board and bury the hatchet. His battles with his opponents never became personal," said Darryl L. Doke, who supervised DeAlba at the state Attorney General's Office. "I never saw him ruffled, angry or in a panic, no matter what was going on around him. He got the job done in a low-key way without a lot of fanfare."

DeAlba has now taken that mild-mannered approach to resolving disputes to the Sacramento County Superior Court. Those who worked with DeAlba believe the court will benefit from his calm and practical judicial approach.

"He's got the perfect temperament to be a judge," Deputy Attorney General James H. Wernicke said. "He patient and personable, but very determined to resolve issues. He will not back off when issues get sticky. He stays with them until they are resolved. He brings differences together and tries to find common ground."

"He is a consensus-builder even in situations where participants were strongly at odds," said James Schiavenza, also of the Attorney General's Office. "He can be very firm, (but he has) compassion and is open to all points of view. He's just a fair guy."

It was also no surprise that Judge DeAlba become quickly and deeply involved in his judicial duties after taking the bench in September, including presiding over six jury trials and one bench trial. A willingness to tackle new challenges and become involved in issues has marked DeAlba's career in the Attorney General's Office and his involvement in community and professional organizations.

During his more than two decades at the Attorney General's Office, DeAlba went from student assistant to special assistant. In between, he spent about 10 years handling civil litigation, about 10 years with criminal matters and a year-and-a-half as a special assistant attorney general. He also spent six months with the Sacramento County District Attorney's Office prosecuting felonies pursuant to an exchange agreement with the Attorney General's Office.

"What I did at the Attorney General's Office prepared me to come onto the bench," he said. "It was a smooth transition."

After serving as a student legal assistant in the Attorney General's Office during law school, DeAlba got a permanent job there after graduating from law school. Within a week of passing the bar in 1979, he was arguing a search-and-seizure case. While DeAlba was "not per se attracted to criminal law or state service," he stayed in the Attorney General's Office because it gave him "ample opportunity to do a variety of things," including working on complex cases with a "wonderful cadre of professional expert lawyers."

Most recently, as a special assistant attorney general DeAlba handled policy areas such as firearms, assault weapons, medical marijuana, drugs and alcohol and safe schools. Special assistants develop expertise to provide policy advice to the Attorney General. Those who worked with DeAlba said he often got cases that required discretion, such as potentially high-profile cases involving notable state officials.

"When he had a case it was done and done correctly," Schiavenza said. "We never got complaints from clients, judges or opposing counsel. He's a stand-up guy liked by everyone who deals with him. He's a guy who is interesting and fun to be around and spend time with."

DeAlba said he is particularly proud of arguing four cases before the California Supreme Court and his work as the lead attorney on the litigation stemming from the 1986 floods. In the flood case, residents eventually received a $21.3 million settlement from the State of California and a flood control district.

When asked what advice he had for attorneys appearing before him, DeAlba said he expects "preparation, civility and a little bit of decorum." In regard to preparation, attorneys should "know their case and know what you want the court to do." Civility means "patience with witnesses, opposing counsel and court staff." Lastly, decorum means showing some deference to court formalities, in part because it reflects on the "integrity of the process." DeAlba said he has noticed that lawyers have become too casual in addressing the court and in preparing cases.

DeAlba will temporarily be assigned to the master criminal calendar, a high-volume assignment involving arraignments, trial setting conferences, criminal law and motion, settlements and sentencing. After that, he will handle general trial work. DeAlba said he has long aspired to be a judge, in part because he thought it would be rewarding and a weighty responsibility, along with being a great career accomplishment and an extension of public service. As a lawyer, DeAlba admired judges who had a "fidelity to the law and realize, appreciate and are guided by what the law intended and take the time to research and become aware of the law."

DeAlba is one of three attorneys of Hispanic descent that Gov. Gray Davis has appointed to the Sacramento Superior Court bench this year -- John A. Mendez and Emily E. Vasquez the other two. "The judiciary needs to reflect the composition of the community and the state," he said. "When people see the judiciary resembles them, they respect it and entrust it and better accept the results and the workings of the institution."

The son of Mexican immigrants, DeAlba, the oldest of six children, was raised in San Francisco's Bayview District. His father, a construction laborer, and mother still live in the family home. Always motivated academically and athletically, DeAlba was especially skilled in baseball, including playing in college and once playing all nine positions in a high school baseball game. He obtained his undergraduate degree from UC Berkeley and his law degree from UCLA.

DeAlba, 47, lives in Folsom with his wife, Katherine, and children, Amanda, 19, and Benjamin, 15. DeAlba brings the same drive to participating in professional and community organizations that he has brought to his legal career. On the professional side, DeAlba's activities have included serving as a State Bar Fee Arbitrator, as a member of the State Bar Ethnic Minority Relations Committee, as a member of the La Raza Lawyers Association, and as a member of the Hispanic Law Enforcement Task Force.

DeAlba's community activities have included the City of Folsom's Arts and Cultural Committee, the United Way of Sacramento, and the Sacramento Concilio. He has also participated in several youth sports groups as a coach, manager or board member.