On February 16, 2005, Governor Arnold Schwarzenegger announced the appointment of Alan Perkins to the Sacramento County Superior Court. His appointment fills a vacancy created by the retirement of Judge Janice Hayes. Perkins is a long-time Sacramento attorney and community activist. He has worked for more than thirty years at Wilke, Fleury, Hoffelt, Gould & Birney, LLP, where he became a partner in 1982.Perkins has served as a business defense trial attorney with a particular emphasis on the areas of construction and real property issues, creditor's rights, and complex RICO and fraud litigation. He has also served as the bankruptcy attorney for his firm. While the majority of his experience is in civil matters, Perkins does have some experience handling criminal matters as one of the local attorneys handling occasional criminal appointment matters when there is a conflict of interest in the public defender's office. In addition to his long experience as a trial attorney, he has extensive experience in alternative dispute resolution and has served as a court-appointed and private arbitrator and mediator. Perkins has also served as a professor at UC Davis' King Hall School of Law.

Wilke Fleury was founded in 1922 as a full service law firm. A number of earlier partners of the firm have served as judges, state legislators and other public officers. Perkins' decision to seek an appointment to the bench follows a long tradition of public service by the attorneys of his firm. With the appointment of Alan, seven Wilke Fleury attorneys have been selected for judgeships.

"Alan's appointment to the Sacramento Superior Court is well-deserved and commendable," said Richard H. Hoffelt, a former senior partner at Wilke Fleury. "Alan has served the clients of our firm with excellence and professionalism for over three decades and he will continue to serve the people of Sacramento County with those same high standards as a judge."

Those sentiments were echoed by Charity Kenyon, partner with Riegels Campos & Kenyon, LLP and a long-time member of the Milton L. Schwartz Inn of Court with Alan. "We've all known Alan as a level headed, even tempered civil litigator who pays attention to detail, both legal and factual," she said. "Throw in significant trial experience, a sense of humor, and irreproachable character and we can't go wrong with this addition to the Sacramento bench."

Steve Marmaduke, managing partner at Wilke Fleury, noted that Perkins possessed many qualities that would serve him well on the bench. He described Perkins as a fair, even-handed, pragmatic problem-solver who takes a humanitarian approach to disputes, always taking into account the underdog. Marmaduke said that while Perkins' decisions will always be guided by the law, he always takes into account fairness to all parties.

Marmaduke also described Perkins as a creative problem-solver. When lawyers at Wilke Fleury were stumped by an issue, they regularly turned to Perkins for his ability to look at a problem from all sides and suggest an untried approach. According to Marmaduke, Perkins has an exceptional memory and will often support his approach with a reference to a decision he remembers having read. Marmaduke predicted that Perkins will relish being a member of the judicial community because he is very intellectual and thoroughly enjoys examining all of the social and legal issues in a case.

"Alan continually strives each and every day to give back to the community which has given so much to him," Marmaduke said. "In addition to being an outstanding attorney, Alan gives so freely of his time to his family, his many community projects, and to the students of UC Davis as a professor of law. This gubernatorial appointment recognizes Alan as a lawyer. More importantly, it recognizes Alan's many fine qualities. Our community will be enriched by this appointment." The only negative comment Steve offered on Alan's appointment is that he is a Dodger fan.

Judge David Abbott welcomed Perkins as a colleague on the Sacramento County Superior Court. The two are members of the Schwartz Inn of Court. Judge Abbott believes that Perkins' calm demeanor will serve him well as a judge. "He has a quiet confidence and an engaging manner that comprise a recipe for success as a judicial officer. Alan is generally unflappable and this will help him preside over tense moments in court when emotions are running high among lawyers, litigants, and witnesses. His other strong points are his studious nature and thorough approach to legal issues. Whether he receives an assignment in a trial department, family, juvenile or probate court, I expect he will immerse himself in the subject matter until he becomes thoroughly familiar with the prevailing law on the subject."

Judge Abbott believes Perkins' experience in business litigation will help broaden the perspective of the bench in Sacramento.

Perkins received his law degree from the University of California, Davis School of Law and a Bachelor of Arts from the University of California, Los Angeles. He serves as a member of several organizations and societies including the American Bar Association, the Federal Bar Association, the Sacramento County Bar Association, and the Sacramento Valley Bankruptcy Forum. Perkins began his legal career in the State of Washington, serving as a law clerk for United States District Court Judge Marshall Neill. He said he admired Judge Neill's patient and courteous treatment of all those who appeared in his courtroom whether they were parties, lawyers, witnesses or staff. Perkins also admires the skill and demeanor of Justice Fred Marler, Jr. and Judge Stephen J. Howell. Perkins said he is looking forward to being in a courtroom all day every day. He hopes he will be able to administer his own courtroom as fairly and efficiently as the judges he admires.

The author, Noreen Skelly, is a Deputy Attorney General.

July / August 2005