Cover Story

SCBA Honors Presiding Judge as "Judge of the Year"
by Joan Stone

Judge GarciaJudge Garcia has earned and deserves this award and recognition. He has shown superior leadership during challenging times. In addition to the regular duties of a Presiding Judge, he has had to deal with extraordinary challenges, such as the budget crisis and the expanded responsibilities of the courts under consolidation, to name a few. The Court has benefitted from his intelligence, vision, hard work, and conscientiousness." Judge Emily E. Vasquez.

The first thing that a new presiding judge gets to do is bring his own personal touch to department 47 judge's chambers. In the case of Judge Michael T. Garcia, this means surrounding himself with bright, cheerful and amusing artwork. Garcia modestly credits his wife, Kathleen Gnekow, for the quality of acquisitions. But he admits that he is something of a collector and enjoys investing in local artists.

Halfway through his second year as presiding judge of Sacramento County Superior Court, Garcia describes the job of PJ as "very interesting and incredibly challenging." At a time of when there have been major changes in the way courts are funded and administered Garcia has to exercise his problem solving skills on an hourly basis.

Every year SCBA honors a judge who is respected for his legal abilities, lack of bias and judicial demeanor by fellow judges and attorneys who appear before him. The judge of the year also must have shown commitment to access to justice and to the fair and equitable administration of the courts. And last, but not least, he or she must also have demonstrated service to the Sacramento community at large. Judge Mike Garcia is a wonderful example of such a person.

Garcia was elected by his fellow judges to a two-year term as presiding judge in September 2001. The presiding judge's job is never an easy one. As the courts transition from county to state funding and to self-management under the Administrative Office of the Courts, it is harder than it has ever been. As well as handling daily calendars, the PJ is involved in every aspect of court administration from judicial assignments to balancing the budget.

According to everyone around him, Garcia manages to stay cool through all of the ups and downs. In the words of Judge Jim Mize, "Judge Garcia simply dispatches his myriad responsibilities with equanimity. He will be juggling a dozen balls at once but he always maintains a sense of calm and humor."

Garcia works on a daily basis with the court's CEO Jody Patel. She says that under his leadership there have been many positive changes on a variety of complex issues regarding court administration. Garcia has found ways to enable Sacramento Superior Court to be a progressive and creative court.

Garcia was born in Orange and raised in Santa Ana. His father was a general contractor and his mother stayed at home to raise Garcia and his two brothers. With his parents' strong encouragement to obtain as much education as possible, Garcia earned degrees in political science and sociology at California State University, Fullerton. He owes his law career to the insight of a Fullerton professor who recognized his talent and steered him in the direction of UC Davis law school. Garcia liked the idea that being a lawyer would give him lots of options and put him in a position where he could help to effect change.

After graduation, Garcia went to work in the Ventura County District Attorney's Office in order to pursue his goal of becoming a trial lawyer. In the small Ventura office, he learned quickly because he did almost everything. In 1981 he went to work for then-Attorney General George Deukmejian as legislative advocate and later in the Attorney General's Office's criminal division. Simultaneously, he was able to return to his first love: teaching law at Davis.

Linda Cabatic, who worked with Judge Garcia at the Attorney General's Office, described Garcia as "a fine jurist, a community activist and a person with tremendous intellect and integrity."

Cabatic said that Garcia is also very loyal to his friends and willing to go avoid of his way to help them. "When Judge Garcia was appointed, one of his good friends was about to be married. She asked if he would perform the ceremony. In order to do so, Judge Garcia made arrangements to get sworn in a week ahead of time, just so that he could perform the ceremony."

However, Cabatic added, "there are some of us who knew him before he became such an outstanding pillar of the community. For example, Judge Garcia was always involved in all the hot criminal issues of the day at the Attorney General's Office. In fact, one of the little known secrets of Judge Garcia's time as a Deputy Attorney General, is that one of his appellate briefs was so hot, that rumor has it, it sparked the fire at the Attorney General's Office."

Garcia gave up both teaching and the AG's office to accept appointment as a municipal court judge in 1987. He became a superior court judge in 1989 when Governor Deukmejian appointed him to a newly created position.

Like all busy people, Garcia seems to have an endless supply of energy. He fits more into his time than seems humanly possible. He also serves as the dean of the Judges' College. One of his jobs as dean is to put together an annual two-week educational program for new judges. As with everything he does, Garcia is constantly looking to improve the system with innovative changes to curricula. He also has a passion for understanding scientific advances. He is particularly concerned that advanced judicial education keeps judges abreast of cutting-edge scientific ethical issues in biotechnology, medicine, agriculture, reproduction, genetics and the like. To that end, he serves on the board of the Einstein Institute of Science, Health and the Courts. This body works nationwide and internationally to bring well-recognized scientists in their respective fields to educate the bench.
As dean of the college, Garcia works closely with Karen Thorsen, director of the Center for Judicial Education and Research at the AOC. Thorsen describes Garcia as "a very creative individual who is dedicated to improving the justice system. . . . He is tireless in his efforts to make progress and at the same time he is a very caring man who respects tradition."

So how does he spend his "leisure" time? Garcia's face lights up as he describes his passion for mountain biking, which he began as a way to spend more quality time with his son. Now he rides several times a week. On weekdays he rides for two or three hours after work. On weekends he "follows the snowline" for four or five hours at time.

Judge Mize provides another example of Garcia's life away from the bench. "One day I mentioned to him in passing that I ran a soup kitchen at my church. He asked about the address and times. I thought he was just being courteous. However, the next Tuesday I show up at the dinner and he is already there serving dishes with his daughter, Michael Kate."

The judges and staff who work with Garcia on a daily basis have nothing but praise. They also offer insight into his quiet humor.

Garcia's clerk, Gail Johnson said, "I have enjoyed working with Judge Garcia for the past 13 years. I respect that he very much cares about making the right decision. I also admire his ability to remain calm and unruffled even when antagonized by the most outrageous litigant."

Johnson said that Garcia has a sly sense of humor despite his reserved appearance. "He knew that as we approached our wedding day, my soon-to-be husband, Mike, was lobbying hard for me to agree to include ëobey' in our vows," Johnson said. "Judge Garcia waited until Mike and I were standing before him, with our families and guests looking on, to say me, "Mike has offered me 100 bucks to include ëobey' in the vows ñ what's your offer?"

Court supervising research attorney Tim Ainsworth says "Judge Garcia is a pleasure to work with. He is a hardworking, dedicated and highly ethical jurist. He is also a very gracious and even-tempered man. I have it on good authority that he is also an excellent mountain bike rider."

Judge David de Alba, who is an old friend of Garcia's had this to say. "Judge Garcia has done an outstanding job of shepherding the court through a myriad of issues this past year related to trial court funding and operations. He has done a superb job of managing the superior court under some very difficult fiscal circumstances. He has served the people of Sacramento County with distinction."

To sum up everyone's sentiments in the words of Linda Cabatic, "The Sacramento Bar could not have selected a more appropriate candidate as their judge of the year. Judge Garcia has unparalleled intellect, the utmost respect for those who appear before him and unquestioned commitment to the judicial system. Sacramento is very fortunate to have him on the bench."

July/August 2003