Justice Kathleen Butz: The “True Treasure of the Gold Country”
By Melissa Jones • Photo By Ken Rabiroff

Leaving her position as a judge on the Nevada County Superior Court meant more to Justice M. Kathleen Butz than trading in a two-minute commute to work for a one hour-plus train ride from Auburn to downtown Sacramento, it meant leaving behind her wonderful and supportive colleagues on that bench. The feeling was mutual. As Presiding Judge Albert P. Dover stated: the bench and bar in Nevada County had “ mixed emotions about Justice Butz’s elevation because we’re going to miss her dearly she’s a great colleague, fantastic judge, and is beloved by everybody.” Although her recent appointment to the Third District Court of Appeal this past fall brings many changes, Justice Butz looks forward to the challenges that lie ahead.

Since 1997, Justice Butz served as one of only six judges on the Nevada County Superior Court. . . and saw it all. During the course of her tenure on the bench she handled criminal, civil, and probate trials and proceedings, and presided over dissolution, adoption, paternity, and juvenile delinquency matters. She recently served as the Presiding Judge of the Family and Juvenile Court for Nevada County, and previously served as the Presiding Judge of the entire court. She enjoyed the diverse caseload, liked working with juries, and especially valued her work on cases involving juveniles.

Over the past several years, Justice Butz has also devoted time to the California Center for Judicial Education and Research (CJER) and has taught Judicial College each summer for the last five years. She currently chairs the Rural Courts Education Committee for CJER. She believes the continuing education programs are extremely valuable, especially for those judges in rural areas who don’t have the luxury of dedicating all of their time to one type of calendar and instead must be proficient generalists. She would like to continue working with CJER in the future, even as she sits as a Justice on the Court of Appeal.

To those who have practiced before Justice Butz, her recent appointment to the appellate bench comes as no surprise. Dorothy Landsberg, a shareholder at Kronick, Moskovitz, Tiedemann & Girard, who recently litigated a significant case in a bench trial before Justice Butz, raved: “Justice Butz has a unique skill set that makes her well qualified for the Court of Appeal. She is extraordinarily smart, very analytical and is able to make nuanced judgments on important issues. She is extremely respectful of lawyers and people who appear before her. Justice Butz was an excellent, excellent choice for the Third District and she will do honor to that bench.”

Judge Dover said of Justice Butz’s recent appointment: “this county’s loss is the state’s gain, and it is a gain for all of the citizens of California.” He also recounts that he told the Commission on Judicial Appointments that “we [in Nevada County] will all shoulder our private loss of Justice Butz. . . with the public knowledge that she is the best that Nevada County has to offer.” Judge Dover told the Commission that the appellate court is receiving “the true treasure of the Gold Country.” He recently expressed his belief that “the people of this state will benefit . . . from the intellect and character” that Justice Butz will bring to the appellate bench.

Although her success is no surprise to others, Justice Butz originally had no intention of becoming a judge or even a lawyer. She studied abroad in Brazil during high school, studied several languages (including Portuguese and in college, French), and obtained her undergraduate degree in International Relations from UC Davis. She started a family instead of pursuing an international career, but has managed to continue to travel internationally as a hobby. She decided to attend law school, after her first marriage ended, in part because her own experience with the law during her divorce opened her eyes to another world. She graduated from law school at UC Davis in 1981 and moved to Nevada City with her son shortly thereafter.

While waiting for her bar results, she took a part-time job at a small civil litigation firm. The part-time hours gave her flexibility and allowed her to spend time with her son and participate in other activities, such as volunteering at his school. After a short while, she began to work as a full-time associate and, several years later, became a partner at the firm.

After 14 years in private practice, she decided to run for a seat on the Nevada County Superior Court. The position opened up after Judge Frank Francis, who Justice Butz describes as a “beloved member of the community” decided to retire. Judge Francis was a mentor to Justice Butz at the time, and encouraged her to run for the seat. She agreed, initially believing that only a handful of people would run in the election. She was surprised when 10 names ended up on the ballot, but she ultimately won the election, and became the only woman on the bench in Nevada County (the only other woman to ever sit on the bench in Nevada County passed away in 1985).

Justice Butz is grateful to her mentor Judge Francis, and she also credits her “great group of colleagues” on the bench in Nevada County, who were extremely supportive and encouraging when she decided to seek a position on the Third District Court of Appeal. She said she considers herself “fortunate” for the wonderful experience she had on the bench in Nevada County, and the excellent mentoring she received from Judge Francis and her other colleagues. She also appreciates the support that she receives from her large family–husband, one son, six stepchildren, and 14 grandchildren–who were there to cheer her on at her swearing in ceremony last fall. She looks forward to the experiences she will have serving California as a Justice on the Third District Court of Appeal.